Time Limits for Attendant Care Services in NSW CTP Claims
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're in Bathurst and need attendant care services after a motor accident, understanding the time limits under NSW law is critical. The NSW Compulsory Third Party (CTP) scheme provides statutory benefits for injuries, including care and supervision needs. However, there are strict deadlines to claim these benefits.
Key Time Limits for Attendant Care Services
Under the Motor Accident Injuries Act 2017, weekly benefits and treatment and care benefits are generally limited to 52 weeks after the accident. This applies if your injuries are classified as 'threshold injuries' under the Motor Accident Guidelines. Attendant care services fall under this category, meaning you must notify your insurer within this period to access benefits.
If your injury meets the 'whole person impairment' threshold (e.g., significant neurological or functional loss), you may be eligible for longer-term benefits. However, the 52-week limit still applies unless your claim involves a common law damages claim, which has separate time rules.
How SIRA Guidelines Apply to Attendant Care Claims
The State Insurance Regulatory Authority (SIRA) outlines that to claim attendant care services, you must:
- Provide medical evidence of your need for care (e.g., a doctor’s report)
- Submit a claim form to the liable insurer within 52 weeks of the accident
- Demonstrate that your injury meets the threshold injury definition
SIRA also clarifies that 'attendant care' includes assistance with daily living tasks like bathing, dressing, or meal preparation. However, the 52-week deadline applies only to statutory benefits, not to claims for damages under common law.
Practical Steps to Meet Time Limits
To ensure your claim for attendant care services is processed:
- Notify your insurer within 52 weeks of the accident
- Obtain medical records confirming your need for care
- Keep records of your injury’s progression and treatment
- Submit your claim form through the insurer’s designated process
If your injury worsens beyond the 52-week period, you may need to pursue a common law damages claim, which has a separate 3-year time limit from the accident date. However, this requires legal advice to determine eligibility.
When to Seek Legal Advice
If your claim is denied, or if your injury exceeds the threshold injury definition, you may need to:
- Request a review of your claim with the insurer
- Seek legal advice to explore common law damages
- Gather additional evidence (e.g., expert medical opinions)
The 52-week deadline for statutory benefits is strict. Missing this window could mean losing access to care services, even if your injury requires ongoing support.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.