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 need care after a NSW motor accident, keeping detailed records is essential to support your CTP claim. This guide explains what evidence to preserve, how to organize it, and what SIRA expects to prove family support costs. Time limits and practical steps are also covered.
What evidence supports care and family support claims?
To claim care and family support under NSW CTP rules, you must provide evidence of:
- Medical records showing the need for care (e.g., doctor notes, treatment plans)
- Care logs documenting hours of assistance provided (e.g., by a family member or paid carer)
- Receipts or invoices for paid care services
- Proof of family support costs like unpaid time off work, travel expenses, or equipment purchases
- Accident details such as police reports, witness statements, and photos
SIRA guidelines emphasize that claims must demonstrate a direct link between the accident and the care needs. For example, if a family member took time off work to care for an injured relative, pay slips and employer records are critical evidence.
How to organize records for CTP claims
Families should:
- Keep all documents in one place (e.g., a folder or digital file)
- Label each record with dates and relevance to the claim
- Track changes in care needs over time
- Preserve digital copies of all records
For unpaid family support, SIRA expects evidence of:
- Time spent providing care (e.g., a diary noting hours per day)
- Impact on income (e.g., employer confirmation of lost wages)
- Specific costs like travel, meals, or equipment
What SIRA expects for family support costs
SIRA's Motor Accident Guidelines state that family support claims must show:
- A clear connection between the accident and the care need
- That the care was necessary due to the injury
- That the support was not available through other means
For example, if a child requires overnight care after a serious accident, evidence might include:
- A doctor's note confirming the child's need for supervision
- A care provider's invoice
- A parent's work leave confirmation
Time limits and when to seek advice
CTP claims must be submitted within 52 weeks of the accident for most benefits. However, some claims (like those involving long-term care) may have extended deadlines. If you're unsure whether your claim is time-sensitive, contact SIRA or a legal professional immediately.
Disputes can arise if insurers challenge the necessity or cost of care. In such cases, independent medical opinions or expert evidence may be required. Always seek legal advice if:
- You're unsure about claim eligibility
- Your care needs have changed
- You receive a notice of disagreement from the insurer
Next steps
CTP claims involving care and family support can be complex. Keeping thorough records and understanding SIRA's requirements is crucial. If you need help assessing your situation, complete the quick, no obligation enquiry form to request contact about your circumstances.