Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 hearing loss from acoustic trauma in a motor accident on the Central Coast, understanding what evidence to gather is critical. NSW Compulsory Third Party (CTP) claims require specific documentation to prove your injury. This guide explains the key records needed, how SIRA assesses acoustic trauma cases, and practical steps to support your claim.
What Documentation Proves Hearing Loss from Acoustic Trauma?
To establish a CTP claim for hearing loss caused by acoustic trauma, you must provide evidence linking the injury to the accident. Key documents include:
- Medical records showing diagnosis of hearing loss, audiogram results, and specialist reports.
- Accident report from the police or insurer detailing the crash circumstances.
- Witness statements confirming the force of impact or airbag deployment.
- Medical opinion from an audiologist or ENT specialist explaining how the trauma caused your injury.
- Pre-accident hearing records if you had existing hearing issues.
SIRA evaluates acoustic trauma injuries using the Motor Accident Guidelines. For example, a diagnosis of sensorineural hearing loss with audiogram results showing a specific decibel loss may qualify as a threshold injury under the Motor Accident Injuries Act 2017.
How SIRA Assesses Acoustic Trauma Injuries
SIRA assesses injuries based on clinical evidence and the Motor Accident Guidelines. For acoustic trauma:
- Audiograms must show a measurable hearing loss (typically 25dB or more in specific frequencies).
- Medical specialists must confirm the injury is caused by trauma, not age-related degeneration.
- Causal link to the accident must be established through medical opinion.
A hypothetical example: After a car crash, a passenger develops tinnitus and hearing loss. An audiologist's report showing a 30dB loss in the 2000Hz range, combined with a police report noting airbag deployment, would support a CTP claim.
Key Considerations for Central Coast Claimants
- Seek immediate medical attention to document the injury. Delayed treatment may weaken your case.
- Preserve all accident-related evidence, including car damage photos and witness contact details.
- Notify your insurer within 28 days of the accident to avoid procedural issues.
- Request a formal assessment from SIRA if your claim is disputed.
If your injury involves complex documentation or disputes over the severity of your hearing loss, legal advice may be necessary. Time limits apply: you must notify your insurer within 28 days and submit your claim within 52 weeks of the accident for certain benefits.
When to Seek Legal Advice
Consult a solicitor if:
- Your injury involves whole person impairment assessments.
- You're unsure whether your hearing loss meets the threshold injury definition.
- Your claim is disputed by the insurer.
- You need help navigating SIRA's assessment process.
CTP claims depend on precise documentation and legal timing. For tailored advice on your Central Coast case, complete the quick, no obligation enquiry form.
