Facial scarring from a motor accident in New South Wales may be compensable under the Compulsory Third Party (CTP) insurance scheme, but the amount and type of compensation depend on the nature of the scarring, medical evidence, and how it affects daily life. In the Newcastle and Hunter region, claims for facial scarring are assessed under the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017, with guidance from the SIRA Motor Accident Guidelines. Scarring that results in permanent disfigurement, functional impairment, or significant psychological impact may qualify for compensation, but not all scarring attracts a damages award. The assessment process focuses on objective medical evidence and the long-term impact on the person’s life, not just the appearance of the scar.
The CTP scheme in NSW distinguishes between statutory benefits and damages. Statutory benefits, such as treatment and care, weekly income payments, and rehabilitation support, are available regardless of fault. However, damages for non-economic loss, such as pain and suffering, disfigurement, and loss of enjoyment of life, are only payable if the injury meets the threshold for a serious injury, or if the injury is a permanent disfigurement. Facial scarring may qualify as a permanent disfigurement if it is visible, permanent, and causes measurable psychological or social impact. The SIRA Guidelines define a permanent disfigurement as one that is not expected to improve significantly over time and that causes a lasting change in appearance.
To support a claim for facial scarring, the injured person must provide medical evidence that demonstrates the nature, extent, and impact of the scarring. This includes photographs taken shortly after the accident and at follow-up appointments, a detailed clinical report from a medical practitioner, and a formal assessment of whole person impairment (WPI) by an independent medical assessor. The WPI assessment is critical, as it determines the percentage of impairment used to calculate damages for non-economic loss. For facial scarring, the assessor considers factors such as scar location (e.g., forehead, cheek, lip), size, texture, and whether it affects facial function (e.g., movement of the mouth or eye). Scars that are not visible or that do not affect function may not attract a significant WPI score.
A practical example from the Hunter region illustrates how claims are assessed. A 32-year-old woman was struck by a car while crossing a road in Maitland. She sustained a 5cm laceration across her left cheek, which healed with a raised, pigmented scar. She underwent three surgical revisions and reported ongoing anxiety about her appearance, including avoiding social events and feeling self-conscious at work. Her treating dermatologist confirmed the scar was permanent and not expected to improve. An independent medical assessor rated her WPI at 5%, attributing the impairment to disfigurement and psychological distress. Based on the SIRA Guidelines, she was awarded damages for non-economic loss, including a component for disfigurement, which was calculated using the 5% WPI and the current damages scale.
Time limits apply. A claim for damages must generally be made within three years of the accident date. Failure to notify the insurer within 60 days of the accident may affect entitlement to statutory benefits, including treatment and care. It is essential to preserve evidence: keep all medical records, photographs of the scar taken at different stages, witness statements, and correspondence with the insurer. If the insurer disputes the claim or offers a settlement that does not reflect the impact of the scarring, the claimant may request a review or apply to the Civil and Administrative Tribunal (NCAT) for a determination.
The CTP scheme does not pay for cosmetic surgery unless it is medically necessary. However, if the scarring causes functional impairment, such as limited eye movement or difficulty speaking, treatment and care benefits may cover reconstructive surgery. The assessment of scarring is not based on subjective feelings alone. The law requires objective evidence of lasting impact. In the Newcastle and Hunter region, claimants have successfully obtained compensation for facial scarring where the medical evidence demonstrated a permanent change in appearance and a measurable effect on mental health or daily functioning.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.