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).
Hearing loss caused by acoustic trauma in a motor accident in Greater Sydney may be compensable under the NSW Compulsory Third Party (CTP) insurance scheme. To support a claim, you must keep specific records that demonstrate the injury occurred in the accident and that it has affected your daily life. This includes medical evidence, accident details, and documentation of any impact on your work or wellbeing. The Motor Accident Injuries Act 2017 governs all CTP claims in NSW, including those for hearing loss from airbag deployment, crash noise, or sudden impact forces.
The CTP scheme provides benefits for injuries that result from a motor accident, including hearing loss caused by acoustic trauma. Acoustic trauma refers to hearing damage from a sudden, intense noise, such as an airbag deploying or a vehicle collision. Not all hearing loss is compensable, there must be a direct link between the accident and the injury. The injury must be assessed by a medical practitioner who can confirm it was caused by the accident and not from pre-existing conditions or other causes.
To establish your claim, you must preserve and collect the following evidence:
- A medical report from an audiologist or specialist ear, nose and throat (ENT) doctor confirming the diagnosis of acoustic trauma and its link to the accident.
- A record of the accident, including any police report, witness statements, or photographs of the vehicle and scene, particularly if airbag deployment occurred.
- A record of any symptoms you experienced immediately after the accident, such as ringing in the ears (tinnitus), dizziness, or muffled hearing.
- Documentation of how the injury has affected your ability to work, communicate, or participate in daily activities.
- A copy of any correspondence with your insurer, including claims forms and responses.
If you were not the driver, you may still be eligible for CTP benefits as a passenger, pedestrian, cyclist, or motorcyclist. The location of the accident, whether in a car park, street, or private driveway in Greater Sydney, does not automatically exclude coverage. The legal test is whether the vehicle was being used in a way that constitutes a motor accident under the Motor Accident Injuries Act 2017.
There is no requirement to prove fault to access CTP benefits for hearing loss. However, if you seek damages beyond statutory benefits, you must establish that the other driver was at fault. For claims involving hearing loss, the threshold for claiming damages is higher. You must meet the threshold for a permanent impairment, which requires a whole person impairment (WPI) of at least 10% as assessed under the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines.
If your hearing loss is considered a threshold injury, you may be limited to statutory benefits for up to 52 weeks. This includes treatment and care benefits, and weekly income payments if you are unable to work. After 52 weeks, benefits may stop unless your injury is assessed as a permanent impairment. You must have a formal assessment by an independent medical practitioner to determine WPI.
A common mistake is not seeking medical assessment within a reasonable time after the accident. Delays in reporting symptoms or obtaining a specialist diagnosis may weaken your claim. You should seek medical attention as soon as possible after the accident, even if symptoms are mild or delayed.
If you are disputing a decision by your insurer, such as a denial of benefits or a refusal to fund specialist treatment, you may request a review under the Motor Accident Injuries Act 2017. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination if the dispute is not resolved.
A realistic example: A pedestrian in Sydney’s inner west was struck by a car that had just collided with a tree. The airbag deployed in the car, and the pedestrian reported immediate ringing in both ears and difficulty hearing. They saw an audiologist within two weeks, who confirmed acoustic trauma consistent with the accident. The medical report, witness statement, and police accident report were submitted to the insurer. The claim was approved for treatment and care benefits, and the claimant later obtained a WPI assessment showing 15% impairment.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.