Early steps for care and family support claims in NSW CTP
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 or a family member were injured in a motor accident in Ballina, you may be eligible for care and family support payments under NSW's Compulsory Third Party (CTP) scheme. These payments help cover the cost of unpaid care for injured road users, such as assistance with daily living tasks or support for dependants. Understanding the early steps to claim these benefits is critical to preserving your rights.
What care and family support covers
Under the Motor Accident Injuries Act 2017, care and family support payments are available for injuries resulting in a need for ongoing care. This includes:
- Paid care for the injured person (e.g., nursing, therapy)
- Unpaid family care costs (e.g., a spouse or child taking time off work to care for the injured person)
- Support for dependants, such as children or elderly relatives requiring assistance
SIRA's guidelines clarify that these payments are available for injuries meeting the 'threshold injury' definition, which includes soft tissue injuries with neurological signs. This means even minor injuries like whiplash may qualify if they result in a need for care.
Practical steps to take immediately after an accident
- Seek medical attention - Document all injuries and treatment, as medical records are essential evidence for care claims. Delaying treatment may affect eligibility.
- Preserve accident details - Take photos of the scene, collect witness contact information, and note vehicle registration numbers. These help establish the circumstances of the accident.
- Notify the at-fault driver's insurer - Under NSW CTP rules, the insurer of the vehicle at fault must cover care and family support claims. Delays in notification may jeopardise your ability to claim.
- Keep records of care costs - Track all expenses related to care, including receipts for paid services and time spent by family members. This evidence supports the claim for unpaid care.
Time limits and dispute resolution
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury' only. If your injury meets the 'whole person impairment' threshold (more severe than a threshold injury), you may have longer to claim. Always check the date of your accident, as earlier claims may be subject to different rules.
If your claim is disputed, you can request a review by the NSW Civil and Administrative Tribunal (NCAT). SIRA provides a process for resolving disputes over the type or amount of care support available.
Example: How family support works in practice
Consider a scenario where a cyclist in Ballina suffers a soft tissue injury requiring regular physiotherapy. Their spouse, who was working full-time, must take time off to assist with daily tasks. Under CTP rules, the cyclist's family may claim both the cost of physiotherapy and the lost income from the spouse's unpaid care. This demonstrates how care and family support claims can cover both direct and indirect costs.
When to seek legal advice
While many claims can be managed through SIRA's process, complex cases may require legal assistance. A solicitor can help if:
- Your injury involves multiple claims (e.g., care, income loss, and pain and suffering)
- The at-fault party disputes liability
- You need to challenge a decision to reduce or deny your claim
Next steps
CTP entitlements depend on the date of the accident, the type of injury, and the evidence you provide. To request contact about your circumstances, complete the quick, no obligation enquiry form.