Care and family support in NSW CTP claims: What injured road users need to know
If you or a family member has been injured in a motor vehicle accident in New South Wales, you may be entitled to claim care and family support costs under the Compulsory Third Party (CTP) scheme. This article explains what care and family support costs are claimable, the early steps to take after an accident, and how claims for these costs differ from other CTP claims.
What types of care and family support costs are claimable under NSW CTP laws?
Under the Motor Accident Injuries Act 2017, care and family support costs are claimable if they are reasonably necessary to support the injured person’s recovery. This includes:
- Paid care costs, such as assistance with personal hygiene, mobility, or meal preparation.
- Unpaid family support costs, such as the time a family member spends caring for the injured person.
- Costs related to the injured person’s dependants, such as childcare or assistance with daily living.
These costs must be directly related to the injury caused by the motor accident and must be supported by evidence such as care records, medical reports, or witness statements.
Early steps to claim care and family support costs after a motor accident
After a motor accident, the first priority is to seek medical attention. This is essential not only for your health but also for documenting your injuries, which is critical for any claim. Once your condition is stable, you should:
- Contact the relevant insurer or the New South Wales Motor Accident Claims Authority (SIRA) to report the accident.
- Gather evidence of your care and family support needs, including:
- Medical records showing the need for care.
- Evidence of unpaid family support, such as a family member’s time spent caring for you.
- Receipts or invoices for paid care services.
- Keep a record of all communication with insurers or SIRA, including dates, times, and the content of conversations.
How does SIRA handle claims for care and family support compared to other CTP claim types?
SIRA evaluates claims for care and family support under the same legal framework as other CTP claims. However, there are key differences in how these claims are assessed:
- Care claims are assessed based on the necessity of the care, the type of care provided, and the cost. SIRA may require evidence such as a care plan or a report from a care provider.
- Family support claims are assessed based on the time spent by a family member providing care, the nature of the care, and the impact on the family member’s ability to work or perform other duties.
SIRA also has specific rules about the maximum amount of care or family support that can be claimed, depending on the type of injury and the circumstances of the accident. These rules are outlined in the Motor Accident Guidelines, which provide detailed guidance on what is considered reasonable and necessary.
Time limits, disputes and when to seek advice
Generally, claims must be made within a reasonable time after the accident, although the exact timeframe can vary depending on the circumstances. If you are unsure about the timeline, it is advisable to seek legal advice as soon as possible.
If your claim is disputed, you may need to provide additional evidence or seek mediation through SIRA. In some cases, you may need to involve a solicitor to help you navigate the process and ensure your claim is properly assessed.
When to seek independent legal advice
While this article provides general information about care and family support claims under the NSW CTP scheme, it is important to remember that every claim is unique. The outcome of your claim will depend on the specific facts of your case, the evidence you provide, and the applicable law.
If you are unsure about your rights or need help with your claim, it is advisable to seek independent legal advice. A qualified solicitor can help you understand your options, prepare your claim, and ensure that your care and family support needs are properly addressed.
Next steps
If you or a family member has been injured in a motor vehicle accident in New South Wales, you may be entitled to claim care and family support costs under the CTP scheme. However, the process can be complex, and the outcome of your claim will depend on the specific facts of your case.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.