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 a motor vehicle accident in New South Wales, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. Proving your claim requires specific evidence to demonstrate the connection between the accident and your injury. This article explains what medical records, expert reports, and other documentation are essential for hearing loss claims under the Motor Accident Injuries Act 2017 (MAIA) and how to preserve them effectively.
What Evidence Proves Hearing Loss in CTP Claims
Under NSW CTP rules, you must establish a direct link between the accident and your hearing loss. Key evidence includes:
- Medical records showing the injury's onset, such as audiograms, ENT reports, and imaging (e.g., MRI/CT scans)
- Expert opinion from audiologists or ENT specialists confirming the injury meets the 'threshold injury' definition under the Motor Accident Guidelines
- Accident details like police reports, witness statements, and vehicle damage records to establish the incident's circumstances
- Pre-accident medical history to show no prior condition explaining the hearing loss
The NSW State Insurance Regulatory Authority (SIRA) provides guidance on what constitutes sufficient evidence for hearing loss claims. For example, acoustic trauma from airbag deployment or crash forces must be shown to have caused the injury, not pre-existing conditions or unrelated factors.
How to Preserve and Organize Evidence
To strengthen your claim, keep all records in a logical order that connects the accident to your injury. Organize documents as follows:
- Chronological order of events: Start with the accident date, then medical records, expert reports, and correspondence with insurers
- Medical evidence should include:
- Complete audiogram results showing pre- and post-accident hearing thresholds
- Specialist reports diagnosing acoustic trauma or noise-induced hearing loss
- Notes on any tinnitus or balance issues linked to the injury
- Accident documentation:
- Police report or accident statement
- Witness contact details and statements
- Vehicle damage photos and repair records
- Financial records showing income loss or additional expenses related to the injury
If you're unsure whether your injury meets the threshold for CTP benefits, consult a medical expert familiar with SIRA guidelines. The threshold injury definition under the Motor Accident Guidelines includes injuries like acoustic trauma, but excludes conditions like age-related hearing loss or pre-existing conditions.
Time Limits and When to Seek Advice
CTP claims have strict time limits. You must notify your insurer within 90 days of the accident, and most claims must be submitted within 3 years of the incident. If your injury is not a 'threshold injury' or if there's a dispute over your claim, you may need to pursue a common law damages claim under the MAIA. This requires:
- Proving the injury was caused by the accident
- Demonstrating that the injury has caused ongoing harm
- Showing that the injury is not a 'threshold injury' under the Motor Accident Guidelines
If your hearing loss is not classified as a threshold injury, you may be eligible for additional compensation for long-term effects. However, the 52-week statutory benefit period applies to threshold injuries only. If your injury exceeds the threshold, you may be entitled to ongoing payments beyond this period.
Practical Example: Documenting Acoustic Trauma
Consider a passenger who suffered hearing loss after an airbag deployed during a collision. Key evidence would include:
- Police report documenting the accident and airbag deployment
- Hospital records showing the passenger was treated for suspected acoustic trauma
- Audiogram results showing a sudden drop in hearing thresholds
- Expert opinion confirming the injury was caused by the accident, not pre-existing conditions
This example illustrates how to build a case under the MAIA. If your injury involves acoustic trauma or other noise-induced damage, ensure all records clearly show the connection to the accident.
When to Contact a Legal Professional
If you're unsure whether your injury qualifies for CTP benefits or if your claim is being disputed, seek legal advice. A solicitor can help:
- Determine whether your injury meets the threshold injury definition
- Prepare a claim for additional compensation if your injury exceeds the threshold
- Navigate disputes over the extent of your injury or the need for expert evidence
Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.
Proving a hearing loss claim under NSW CTP requires specific evidence to show the injury was caused by the accident. Medical records, expert reports, and accident documentation are essential. If your injury is not a 'threshold injury' or if there's a dispute, you may need to pursue additional compensation. Time limits apply, so act promptly to preserve your claim.