Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you're seeking compensation for attendant care services after a motor accident in NSW, you must collect and preserve specific evidence to support your claim. Under the Motor Accident Injuries Act 2017 (MAIA), claims for care and supervision are governed by the NSW government’s State Insurance Regulatory Authority (SIRA). This article explains what evidence to keep, how to organize it, and legal boundaries around acceptable records for your claim.
What Evidence Supports an Attendant Care Claim?
To prove your need for attendant care services, you must provide documented evidence of your injury, care requirements, and expenses. Key records include:
- Medical reports from doctors or specialists confirming your injury and care needs.
- Care provider records such as invoices, receipts, and service logs from home help agencies or family members providing care.
- Expense documentation like receipts for medical equipment, transportation, or therapy sessions.
- Witness statements or accident reports that establish the injury’s connection to the accident.
- Correspondence with your insurer or SIRA, including any claim forms or responses.
SIRA’s guidelines emphasize that evidence must directly link your injury to the accident. For example, if you require assistance with daily activities due to a spinal injury, your medical records must explicitly state this need.
How to Organize Your Records
Claimants should maintain a clear, chronological record of all evidence. Create folders or digital files labeled by date and type of document. For instance:
- Medical Evidence: Scan all reports, imaging results, and specialist notes.
- Care Services: Store invoices, service agreements, and time logs from care providers.
- Expense Records: Keep receipts for all out-of-pocket costs related to your care.
- Accident Details: Save police reports, witness statements, and photos of the accident scene.
A practical example: After a serious road injury, a claimant might need assistance with bathing, dressing, and meals. Medical records must show the injury caused these limitations, while care provider records confirm the services were necessary.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident if only threshold injuries are involved (per MAIA s 4.4). For more severe injuries, time limits depend on your recovery. If your claim is disputed, SIRA may request additional evidence or refer the matter to a review. Always seek legal advice if your insurer rejects your claim or questions the necessity of your care services.
When to Seek Legal Advice
While SIRA provides guidance, claimants may need legal assistance to:
- Challenge an insurer’s refusal to cover care costs.
- Navigate complex evidence requirements.
- Understand how your injury’s severity affects your claim.
Time limits and procedural rules can vary based on your accident date and injury type. To request contact about your circumstances, complete the quick, no obligation enquiry form.