Understanding hearing loss claims from acoustic trauma under NSW CTP law
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 resulting from acoustic trauma during a motor accident in New South Wales is a recognised injury under the Compulsory Third Party (CTP) insurance scheme. The time limits for making a claim depend on when the injury was first diagnosed and when the claim is formally made, not on when the accident occurred. Under the Motor Accident Injuries Act 2017, a claim for compensation must generally be made within three years of the date the injury was first diagnosed. This applies to hearing loss caused by the force of impact, airbag deployment, or loud noise during a crash, even if symptoms appear gradually or were not immediately apparent.
Legal framework for CTP claims involving hearing loss
The Motor Accident Injuries Act 2017 governs all CTP claims in NSW, including those involving auditory injuries. The scheme provides statutory benefits for medical treatment, rehabilitation, and income replacement. For hearing loss, the claimant may be entitled to treatment and care benefits, weekly income payments, and, if the injury meets the threshold for damages, a claim for damages. The threshold for damages is not automatically met by hearing loss; it depends on the severity and permanence of the impairment, as assessed under the Motor Accident Guidelines.
Acoustic trauma may result in permanent hearing loss, tinnitus, or hyperacusis. These conditions are assessed using the Whole Person Impairment (WPI) rating process. A WPI of 10% or more may allow a claim for damages, but only if the injury is not a threshold injury under the Act. If the injury is classified as a threshold injury, damages are generally not available unless the claimant can demonstrate a higher level of impairment or a specific medical condition that meets the statutory definition.
Time limits for making a claim
The primary time limit for making a CTP claim in NSW is three years from the date the injury was first diagnosed. This is a critical point: the clock starts when the medical practitioner first confirms the hearing loss as being caused by the accident, not when the accident occurred. For example, if a person experiences a loud bang during a crash but does not seek medical attention until six months later, and a doctor confirms the hearing loss is related to the accident on 15 February 2025, the claim must be made by 15 February 2028.
There is no automatic extension for hearing loss, even if symptoms worsen over time. The three-year period is fixed and applies across all of NSW, including regional and metropolitan areas. Claims made after this time may be barred unless a court grants an extension under exceptional circumstances, which is rare and requires strong evidence of delay caused by factors beyond the claimant’s control.
Evidence that supports a claim for hearing loss
To establish a claim for hearing loss from acoustic trauma, the following evidence is typically required:
- A medical report from an audiologist or specialist otolaryngologist confirming the diagnosis and linking it to the motor accident
- Audiometric test results showing a measurable hearing threshold shift
- A record of the accident, including any witness statements, police reports, or photographs of the vehicle and airbag deployment
- Documentation of any ongoing treatment, such as hearing aids, tinnitus management, or counselling
- Proof of financial loss, including reduced income or inability to work due to hearing difficulties
The Motor Accident Guidelines state that hearing loss must be objectively demonstrated through testing. Subjective symptoms like tinnitus alone are not sufficient to establish a claim for damages. The assessment must be based on clinical findings and not on self-reported symptoms alone.
When to seek legal advice
If you have experienced hearing loss following a motor accident and believe it was caused by acoustic trauma, it is important to act promptly. Delays in seeking medical assessment or notifying your insurer may affect your ability to claim. You should contact a medical practitioner with experience in auditory injuries as soon as possible after the accident, even if symptoms are mild or delayed.
A claim for damages may still be possible if the hearing loss is permanent and results in a WPI of 10% or more. However, if the injury is classified as a threshold injury, damages are not available unless the claimant meets the higher threshold under the Act. The distinction between a threshold injury and a non-threshold injury is determined by the medical evidence and the assessment process.
Hypothetical example
A 38-year-old driver was involved in a head-on collision on 12 August 2024. The airbag deployed during the crash. The driver reported ringing in the ears and difficulty hearing for several days but did not seek medical attention until 20 November 2024. An audiologist confirmed a 35dB hearing loss in the left ear, consistent with acoustic trauma, and attributed it to the accident. The diagnosis date was 20 November 2024. The claim must be made by 20 November 2027 to remain within the three-year time limit.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.