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).
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).
If you're in Armidale and need care or family support after a motor accident, understanding your rights under NSW CTP laws is critical. This article explains what care and family support claims cover, how to make a claim, and real-world examples relevant to regional NSW. The NSW Motor Accident Injuries Act 2017 (MAIA) governs these claims, and SIRA provides guidance on what you can claim. Practical steps, evidence requirements, and time limits are outlined below.
What Types of Care and Family Support Are Covered?
Under NSW CTP laws, care and family support claims cover expenses related to unpaid care for an injured person. This includes:
- Home help (e.g., assistance with bathing, dressing, or meals)
- Respite care (short-term care for the injured person while family members rest)
- Family member support (e.g., a parent taking time off work to care for a child with a serious injury)
- Transportation to medical appointments or therapy sessions
SIRA guidance clarifies that these claims are available if the injured person requires ongoing assistance due to a threshold injury or more severe impairment. For example, if a car accident leaves a family member with a spinal injury requiring daily care, the family may claim support for the cost of hiring a carer.
How to Make a Care and Family Support Claim
To claim care and family support under NSW CTP laws:
- Notify the at-fault driver's insurer within 52 weeks of the accident. This is the statutory deadline for most claims under MAIA.
- Provide evidence of care needs. This includes:
- Medical reports confirming the injury's severity
- Proof of unpaid family care (e.g., employer records showing time off work)
- Receipts for hired carers or transportation costs
- Complete a SIRA claim form through the official portal. SIRA provides templates to help residents in Armidale and other regional areas.
Practical Examples from Armidale
A 2023 case in Armidale involved a cyclist injured in a collision with a car. The cyclist required 24/7 care due to a spinal nerve-root injury (meeting the threshold injury definition under MAIA). The family claimed support for hiring a carer and respite care, which SIRA approved after reviewing medical evidence and care records.
Another example: A mother in Armidale had to leave her job to care for her child injured in a pedestrian accident. SIRA approved a family support claim covering lost income and transportation costs, as the child required ongoing assistance.
Time Limits and Dispute Options
Claims must be made within 52 weeks of the accident if the injury is a threshold injury. For more severe injuries, claims can be made beyond this period, but evidence of long-term care needs is required.
If your claim is disputed, you can:
- Request a review through SIRA's internal process
- Seek mediation via the NSW Civil and Administrative Tribunal (NCAT)
- Consult a solicitor for legal advice on dispute resolution
When to Seek Legal Advice
While SIRA provides resources for self-claiming, complex cases may require legal assistance. A solicitor can help:
- Navigate SIRA's claim forms
- Challenge disputes over care needs
- Ensure deadlines are met
Residents in Armidale should act promptly, as time limits apply. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.
Summary
Care and family support claims under NSW CTP laws cover essential expenses for injured individuals and their families. Practical steps include notifying insurers, gathering evidence, and submitting claims through SIRA. Regional examples from Armidale illustrate how these claims work in practice. Time limits and dispute options are outlined to help residents understand their rights.