Hearing loss resulting from acoustic trauma in a motor accident may be compensable under NSW Compulsory Third Party (CTP) insurance. This includes sudden, intense noise from a crash, airbag deployment, or vehicle impact that damages the inner ear. To claim, you must show the injury arose from the accident and meets the criteria under the Motor Accident Injuries Act 2017. The claim may cover treatment, weekly payments, and damages if the injury meets the threshold for damages. The outcome depends on medical evidence, timing of treatment, and whether the injury is permanent or ongoing.
The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those involving hearing loss from acoustic trauma. Under MAIA, a claim for hearing loss must be supported by medical evidence showing a measurable hearing impairment that is not solely due to pre-existing conditions. Acoustic trauma is recognised as a valid injury type, particularly when it results from a sudden, high-intensity sound such as a vehicle collision or airbag inflation. The injury may not be visible on standard imaging, so objective audiometric testing is essential.
SIRA, the State Insurance Regulatory Authority, oversees CTP claims and provides guidance on assessing hearing loss. SIRA’s approach requires that hearing loss be confirmed by an audiologist using standard testing procedures, including pure-tone audiometry. The assessment must document the degree and type of hearing loss (e.g., sensorineural), and establish a causal link to the accident. If the hearing loss is not permanent, the claim may still cover treatment, care, and short-term income support. However, for damages to be awarded, the injury must meet the threshold for damages under MAIA, which includes a whole person impairment (WPI) of at least 10%.
To support a claim, you must gather and preserve specific evidence. This includes:
- A written report from an audiologist detailing the test results, including thresholds at 500Hz, 1000Hz, 2000Hz, and 4000Hz, and any changes since pre-accident baseline.
- Medical records showing the timing of the injury and any treatment, including referrals to an ear, nose and throat (ENT) specialist.
- A statement from a medical practitioner confirming that the hearing loss is attributable to the accident, not age, noise exposure, or pre-existing conditions.
- Photographs or video of the accident scene, if available, to support the occurrence of a loud impact.
- Witness statements describing the sound level at the time of the crash, particularly if airbags deployed.
Time limits apply. You must notify your insurer of a claim within 6 months of the accident, or within 12 months if the injury was not immediately apparent. Failure to meet this deadline may bar your claim. Additionally, if you are seeking damages, you must file a claim within 12 months of the accident, or 12 months from when you first became aware of a permanent injury, whichever is later.
A common challenge in acoustic trauma claims is proving causation. Some people experience temporary hearing loss or tinnitus after a crash, which may resolve within days or weeks. In such cases, the injury may not meet the threshold for damages. However, if the hearing loss persists beyond 12 months and is confirmed by audiometry, it may qualify for compensation. SIRA has noted that tinnitus alone is not compensable unless it is associated with a measurable hearing loss.
A hypothetical example: A 42-year-old pedestrian was struck by a car in Sydney’s inner west. The impact caused a loud explosion-like noise, and she reported immediate ringing in her ears and reduced hearing. She sought medical attention within 48 hours. Audiometry showed a 35dB hearing loss in her left ear at 4000Hz, confirmed by a second test three weeks later. The ENT specialist concluded this was consistent with acoustic trauma and not related to pre-existing conditions. The claim was accepted for treatment and care benefits, and later for damages after a WPI assessment confirmed 12% impairment.
If you believe your hearing loss resulted from a motor accident, you should seek medical assessment and contact your insurer as soon as possible. Disputes may arise over the extent of the injury or the causal link to the accident. In such cases, you may request an independent medical assessment or apply to the Civil and Administrative Tribunal (NCAT) for a determination.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.