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 need help with daily living after a motor accident in Ashfield, you may be eligible for attendant care services under NSW CTP laws. This article explains what evidence and records you must keep to support your claim, based on SIRA guidelines. It covers medical documentation, care provider records, and other key evidence to substantiate your need for assistance.
What Evidence Supports Attendant Care Claims?
Under NSW CTP rules, claims for attendant care services require clear evidence of your need for ongoing assistance. This includes:
- Medical reports confirming your injury’s impact on daily living (e.g., mobility, hygiene, or meal preparation)
- Care provider records from nurses, carers, or home help services
- Receipts or invoices for paid care services
- Witness statements from family or friends confirming your need for assistance
- Photographs of your home environment or injuries that affect independence
SIRA’s guidelines state that claims must demonstrate a direct link between your injury and the need for care. For example, a fractured hip requiring assistance with walking would qualify, while general mobility issues without specific care needs may not.
Practical Steps to Keep Records
After a motor accident, take these steps to preserve evidence:
- Document your injuries immediately with a medical professional
- Keep all care provider records including dates, times, and service descriptions
- Track expenses for all paid assistance, including receipts and payment confirmations
- Record witness details if others observe your need for help
- Maintain a journal noting how your injury affects daily tasks
If your injury results in a threshold injury (as defined by SIRA), you may be eligible for weekly benefits for 52 weeks. However, claims for ongoing care beyond this period require additional evidence of long-term need.
Time Limits and Dispute Resolution
You have 6 months from the accident date to notify your insurer of an attendant care claim. If you dispute a decision, you can:
- Request a review by SIRA
- Seek legal advice if your claim is rejected
- Appeal through the NSW Civil and Administrative Tribunal (NCAT)
Always act quickly, delays can reduce your chances of securing benefits. If your injury involves complex care needs, consult a solicitor to ensure all evidence meets CTP scheme requirements.
When to Seek Legal Help
Talk to a lawyer if:
- Your insurer denies your claim without explanation
- You’re unsure if your injury qualifies for care services
- You need help navigating SIRA’s claims process
- You face a time limit for submitting evidence
Legal professionals can help you prepare a complete claim and challenge decisions that unfairly limit your benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.