Proving Facial Scarring in a NSW CTP Claim
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 have sustained a facial scarring injury in a motor accident in the Newcastle or Hunter region, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. To support your claim, you must provide clear and consistent evidence that the scarring resulted from the accident and that it has caused you a loss, such as pain, suffering, disfigurement, or impact on your daily life. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 govern these claims. Under these laws, you do not need to prove fault to access treatment and care benefits, weekly payments, or damages if you meet the eligibility criteria. However, the burden of proof lies with you to demonstrate the nature, extent, and impact of your scarring.
Critical Evidence and Records to Preserve
To establish a facial scarring injury, you should preserve and collect the following records:
- Photographs taken as soon as possible after the accident, showing the wound and any visible scarring. These should include close-up images of the affected area, taken under consistent lighting and from multiple angles.
- Medical records from the emergency department, plastic surgery, dermatology, or any specialist who has treated the injury. These must document the initial injury, treatment received (such as sutures, skin grafts, or laser therapy), and any ongoing management.
- A formal assessment of whole person impairment (WPI) by a qualified medical practitioner, as required under the Motor Accident Guidelines. This assessment will determine the percentage of impairment attributable to the facial scarring and may be used to calculate compensation for disfigurement.
- A written statement from your treating medical practitioner detailing how the scarring affects your appearance, function, mental health, or social activities. This may include notes on pain, discomfort, or psychological distress.
- Any correspondence with your insurer, including claims forms, letters, and emails, confirming your injury and treatment.
- Witness statements, if available, describing how the injury occurred and the immediate appearance of the wound.
How Scarring Is Assessed Under NSW CTP Law
The Motor Accident Guidelines set out the framework for assessing disfigurement, including facial scarring. The assessment considers factors such as the location, size, depth, and visibility of the scar; whether it causes functional impairment; and its impact on your appearance and quality of life. Scars that are permanent, visible, and not easily concealed are more likely to attract compensation. The Guidelines also provide that scarring may be considered a threshold injury if it results in a permanent and significant impact on your life, but this does not prevent you from claiming for damages if you meet the threshold requirements.
Time Limits and Procedural Requirements
You must notify your insurer of your claim within 3 months of the accident, or within 3 months of becoming aware of the injury, whichever is later. Failure to do so may result in your claim being denied. You must also keep all medical and photographic evidence in your possession and provide it to your insurer upon request. If your claim is disputed, you may need to apply to the State Administrative Tribunal (SAT) for a determination. The SAT has jurisdiction to review decisions on benefits, damages, and impairment assessments.
When to Seek Independent Advice
If you are unsure about the value of your claim, the adequacy of your evidence, or whether your injury qualifies for damages, it is advisable to seek independent legal advice. A solicitor experienced in motor accident claims can help you understand your rights, ensure your evidence is properly documented, and represent you in any dispute. This is particularly important in the Newcastle and Hunter region, where access to specialist medical assessment and legal support may vary.
Hypothetical Example
A 34-year-old woman was struck by a car while crossing a road in Maitland. She sustained a deep laceration across her cheek, which required surgical repair and multiple follow-up visits. The scar remains visible and has caused her distress and difficulty in social and professional settings. She has kept daily photographs from the time of the accident, a full medical record from her plastic surgeon, and a WPI assessment showing 12% impairment due to facial scarring. This evidence supports her claim for damages under the CTP scheme.
Next Steps
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