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).
Car park accidents in New South Wales can have significant impacts on families and caregivers, particularly when injuries require ongoing support. Under the NSW Compulsory Third Party (CTP) scheme, families may claim compensation for medical treatment, income loss, and caregiver costs. This article explains how the CTP process works for car park accidents, what evidence is needed, and how families can navigate claims in Albury.
How CTP Claims Work for Car Park Accidents
The NSW CTP scheme covers injuries from motor vehicle accidents, including low-speed collisions in car parks. SIRA (State Insurance Regulatory Authority) administers claims under the Motor Accident Injuries Act 2017. Families may claim:
- Medical treatment and rehabilitation costs
- Weekly income payments if the injured person cannot work
- Caregiver expenses for essential support like meals, transport, or personal care
Insurers assess claims based on medical evidence and the nature of injuries. For example, if a car park accident leaves a child with a broken arm requiring specialist care, the family could claim treatment costs and lost income if the child cannot attend school.
Evidence Needed for Family-Related Claims
To support caregiver and family claims, you must provide:
- Medical records showing the injury's impact (e.g., a doctor's note stating the injured person needs assistance with daily activities)
- Accident details like photos of the scene, witness statements, or a police report
- Income records to calculate lost wages or reduced earning capacity
- Caregiver logs documenting hours spent providing support (e.g., a diary noting time spent cooking or helping with mobility)
SIRA requires these documents to determine the scope of compensation. For instance, if a family member had to take time off work to care for an injured relative, they must provide payslips or employer statements to claim lost income.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, unless the injured person dies or the claim involves a dispute over the injury's severity. If the injury is a 'threshold injury' (as defined by the Motor Accident Guidelines), weekly payments stop after 52 weeks, but caregiver costs may still be claimable.
Disputes over claims are resolved by the NSW Civil and Administrative Tribunal (NCAT). For example, if an insurer refuses to cover a caregiver's travel expenses, the claimant can request a review. It's important to act quickly, as delays may reduce the chances of securing full compensation.
When to Seek Legal Advice
Families should consider consulting a solicitor if:
- The injured person has complex medical needs requiring long-term care
- The accident involved multiple vehicles or unclear fault
- The claimant is unsure whether caregiver costs are covered
A lawyer can help ensure all eligible claims are pursued, including applications for additional benefits like home modifications or transport assistance.
Practical Example
Consider a scenario where a car park accident leaves a parent with a spinal injury. The family may claim:
- Medical treatment costs for physiotherapy
- Lost income due to the parent's inability to work
- Caregiver expenses for a relative taking time off work to assist
In this case, the family must provide medical reports confirming the injury's impact and evidence of the caregiver's lost wages.
Next Steps
CTP claims depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.