Aquaplaning accidents, where a vehicle loses traction on a wet road surface, can lead to serious injuries and long-term care needs. In New South Wales, caregivers and families may face financial and practical challenges after such incidents. This article explains how caregivers are treated under the NSW Compulsory Third Party (CTP) scheme, what expenses may be claimed, and how to navigate the claims process.
What Caregiver-Related Expenses Can Be Claimed?
Under the Motor Accident Injuries Act 2017 (MAIA), caregivers may claim for expenses directly related to their role in supporting an injured person. This includes:
- Lost income if a family member must take time off work to care for the injured person.
- Out-of-pocket costs for medical appointments, transportation, or home modifications.
- Caregiver support services such as home help or respite care.
SIRA (State Insurance Regulatory Authority) guidelines state that claims must demonstrate a direct link between the caregiver's involvement and the accident. For example, if a family member's income is reduced due to caring for someone injured in an aquaplaning accident, that loss may be recoverable.
How SIRA Assesses Caregiver Involvement
SIRA evaluates claims based on medical evidence and the injured person's recovery timeline. Key factors include:
- Medical reports confirming the injury's severity and expected recovery period.
- Evidence of caregiver impact, such as pay slips, employment records, or witness statements.
- Whether the injury meets the 'threshold injury' definition under the MAIA, which includes soft tissue injuries with spinal nerve-root involvement.
Caregivers must ensure claims are submitted within the 52-week statutory period for weekly benefits, unless the injury is classified as a 'threshold injury' requiring longer-term support.
Practical Considerations for Families
Families should:
- Document all caregiving activities in detail, including hours spent and expenses incurred.
- Preserve medical records and accident reports, as these are critical for proving the claim.
- Notify the at-fault driver's insurer promptly to initiate the CTP process.
- Seek independent advice if disputes arise over claim value or eligibility.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident for weekly benefits, unless the injury is a 'threshold injury' requiring longer-term care. If a claim is disputed, the injured person may request a review by SIRA or seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
Caregivers and families should consult a legal professional if:
- The injured person's condition worsens, leading to long-term care needs.
- The at-fault party's insurer disputes the claim's value.
- There are questions about overlapping benefits from workers' compensation or other schemes.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. Families should act quickly to preserve their rights. For tailored advice on your circumstances, complete the quick, no obligation enquiry form.