A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've suffered a facial scarring injury in a motor accident in NSW, understanding what evidence to collect and preserve is critical. Facial scarring injuries are treated as cosmetic injuries under the NSW CTP scheme, and documentation is key to proving the injury's impact. This article explains the legal framework, practical steps, and records to keep for facial scarring claims in Balmain, NSW.
The NSW CTP Rules Behind Facial Scarring Claims
Under the Motor Accident Injuries Act 2017, facial scarring injuries fall under the 'cosmetic injury' category. These injuries are eligible for compensation through the Compulsory Third Party (CTP) scheme, which covers injuries caused by motor vehicles. However, the claim must demonstrate a direct link between the accident and the scarring.
SIRA (State Insurance Regulatory Authority) provides guidelines for assessing facial scarring injuries. According to SIRA, evidence must show the scarring is a result of the accident and that it affects the injured person's appearance or function. The injury must also meet the 'threshold injury' criteria outlined in the Motor Accident Guidelines, which require a spinal nerve-root injury producing neurological signs or radiculopathy.
Practical Steps and Evidence to Keep
To support a facial scarring claim, you must gather and preserve specific evidence. Here are the key records to keep:
- Medical records: Obtain detailed documentation from your doctor or specialist. This should include diagnosis notes, treatment plans, and records of any procedures (e.g., surgery, laser treatments). A dermatologist's report may also be necessary to assess the scarring's severity.
- Photographs: Take clear photos of the scarring immediately after the accident and at regular intervals to show its progression. These should include close-ups of the affected area and a full-face view for context.
- Accident report: Secure a copy of the police report or accident form. This document will establish the circumstances of the incident and confirm the injury's connection to the accident.
- Witness statements: If there are witnesses to the accident, ask them to provide written statements detailing what they saw. This can help corroborate the injury's cause.
- Income and employment records: If the scarring affects your ability to work, provide evidence of lost wages, reduced hours, or medical leave. This supports claims for income loss or additional compensation.
- Communication with insurers: Keep copies of all correspondence with the at-fault driver's insurance company. This includes claims forms, emails, and any notifications about treatment or settlement offers.
Time Limits, Disputes and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify the insurer within 52 weeks of the accident, or the claim may be barred. If the injury is a 'threshold injury' (as defined by SIRA), benefits for treatment and care typically stop after 52 weeks, unless the injury is severe enough to qualify for ongoing compensation.
Disputes may arise if the insurer disputes the scarring's connection to the accident or its severity. In such cases, it's essential to consult a legal professional who specializes in NSW CTP claims. They can help challenge the insurer's decision and ensure you receive fair compensation.
A Hypothetical Example
Consider a scenario where a pedestrian in Balmain is hit by a car, resulting in a facial laceration that heals with significant scarring. The injured person collects medical records showing the scarring's impact on their appearance, photographs documenting the injury's progression, and a police report confirming the accident. These records are used to support a claim for cosmetic injury compensation under the CTP scheme.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.