If you or a loved one were injured in a motor accident in Ashfield and need care or family support, understanding your rights under NSW’s Compulsory Third Party (CTP) scheme is essential. This article explains the practical steps to take, what support is available, and how to document your claim.
What CTP Covers for Care and Family Support
Under the Motor Accident Injuries Act 2017, the CTP scheme provides financial support for care and family needs arising from a motor accident. This includes payments for:
- Care and assistance (e.g., help with daily tasks like dressing or eating)
- Family support (e.g., lost income if a primary carer is unable to work)
- Weekly income payments for dependants
- Treatment and care benefits for medical expenses
The New South Wales Motor Accident Claims Authority (SIRA) administers these benefits. If your injury meets the 'threshold injury' criteria, you may be eligible for weekly payments and care support. For example, a person with a soft tissue injury requiring ongoing care may receive weekly benefits for up to 52 weeks, depending on medical evidence.
Practical Steps After a Motor Accident
After an accident, take these immediate actions:
- Seek medical attention immediately, even if injuries seem minor. Document all medical records, as they will determine your eligibility for care benefits.
- Preserve accident details: Gather evidence like police reports, witness statements, and photographs of the scene. This supports claims for care and family support.
- Notify the at-fault driver’s insurer. CTP claims are handled by insurers, and delays can affect access to benefits.
- Keep records of care costs. Document expenses for home help, transportation to medical appointments, or lost income due to caregiving.
Time Limits and Dispute Options
You have 5 years from the date of the accident to make a CTP claim under the Motor Accident Injuries Act 2017. However, some benefits have shorter deadlines. For example, weekly income payments must be claimed within 52 weeks of the accident if only threshold injuries are involved.
If your claim is disputed, you can:
- Request a review from SIRA
- Seek independent medical opinions
- Consult a legal professional if disputes escalate
When to Seek Advice
While the CTP scheme covers many care and family support needs, individual circumstances vary. For instance, a family caregiver may need to balance their own health needs with supporting an injured loved one. A legal professional can help assess whether your case meets the 'whole person impairment' threshold for additional compensation.
Example Scenario
Consider a cyclist in Ashfield who sustains a soft tissue injury requiring 24/7 care. Their family member must take time off work to provide support. Under the CTP scheme, the family could claim weekly income benefits for the caregiver and care payments for home assistance. However, if the injury does not meet the threshold criteria, benefits may be limited after 52 weeks.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your specific situation, complete the quick, no obligation enquiry form. General information cannot determine whether a claim is available in an individual case.