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 facial scarring from a motor accident in NSW, preserving evidence is crucial to support your claim under the Compulsory Third Party (CTP) scheme. Facial scarring injuries are treated as threshold injuries under the Motor Accident Injuries Act 2017, meaning they fall under the statutory benefits framework managed by SIRA. This article explains what evidence to keep, how to document your injury, and practical steps to take in the Illawarra and South Coast regions.
What Evidence Supports a Facial Scarring Claim?
To establish a facial scarring injury claim, you must provide evidence of the injury and its connection to the accident. Key records include:
- Medical documentation: Detailed records from a medical practitioner confirming the scarring, including photographs, clinical notes, and treatment plans. SIRA requires evidence of a 'threshold injury, ' which includes visible scarring that affects appearance or function.
- Accident report: Obtain a copy of the police report or incident report from the scene. This confirms the accident occurred and provides context for the injury.
- Photographs: Document the scarring immediately after the accident and at regular intervals. Use a consistent lighting and angle to show the injury's progression.
- Witness statements: Statements from witnesses who saw the accident can corroborate the incident and the nature of the injury.
- Medical opinion: A specialist's opinion on the scarring's impact on your appearance or daily life may be required for claims involving cosmetic injury considerations.
How to Document Facial Scarring for CTP Claims
In the Illawarra and South Coast, SIRA offices handle claims under the CTP scheme. To document your facial scarring effectively:
- Seek immediate medical attention: Visit a medical practitioner or hospital to assess the injury. Ensure the medical team documents the scarring in detail.
- Photograph the injury: Use a smartphone or camera to take clear, unobstructed photos of the scarring. Include a scale reference (like a ruler) for accuracy.
- Record treatment history: Keep copies of all medical records, including prescriptions, therapy notes, and follow-up appointments.
- Track recovery progress: Regularly document changes in the scarring, such as fading, discoloration, or new marks. This helps demonstrate the injury's long-term impact.
- Preserve accident details: If the accident occurred on private property or a car park, note the location and any relevant environmental factors (e.g., lighting, weather) that may affect the scene.
Time Limits and When to Seek Advice
Under NSW CTP rules, you have five years from the accident date to make a claim. However, time limits for specific benefits (like weekly payments) may apply. For example, if your only injuries are threshold injuries, weekly benefits are generally limited to 52 weeks under the Motor Accident Injuries Act 2017 s 4.4. Delaying claims could result in losing access to certain statutory benefits.
If your scarring has a significant cosmetic impact or affects your ability to work, you may need to pursue a common law damages claim alongside the CTP scheme. However, this requires independent legal advice to assess eligibility and ensure compliance with SIRA's evidentiary standards.
Example: Documenting a Facial Laceration
Consider a scenario where a pedestrian is injured in a car accident on the Illawarra Highway. The victim sustains a facial laceration that heals with visible scarring. To support a claim:
- The medical practitioner documents the scarring as a 'threshold injury' under SIRA's guidelines.
- The claimant photographs the scarring immediately after the accident and at 6-week intervals.
- The police report confirms the accident occurred at the specified location.
- The claimant submits these records to SIRA, demonstrating the injury's connection to the accident.
Next Steps
If you're unsure whether your facial scarring qualifies for CTP benefits, or if you need guidance on preserving evidence, contact a legal professional. General information cannot determine whether a claim is available in an individual case. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.