Care and family support claims under NSW CTP laws
If you or a family member require care or support after a motor accident in New South Wales, you may be eligible for financial assistance through the Compulsory Third Party (CTP) scheme. This article explains how care and family support claims work under NSW law, with practical examples relevant to regional areas.
What types of care and family support claims are covered?
Under the Motor Accident Injuries Act 2017, care and family support claims cover:
- Paid care for injured persons (e.g., nursing, physiotherapy)
- Unpaid family care (e.g., a spouse or child providing daily assistance)
- Support for dependants (e.g., children or elderly relatives needing care)
- Assistance with household tasks or mobility needs
These claims are part of the statutory benefits provided by the CTP scheme, not common law damages. They are assessed based on medical evidence and the nature of the care required.
How are claims assessed in regional NSW?
SIRA (State Insurance Regulatory Authority) guidelines apply to all NSW areas, including regional locations. Claims are evaluated by:
- Documenting the injured person's care needs through medical records
- Assessing the availability of paid or unpaid caregivers
- Calculating the cost of care based on standard rates
- Considering the impact on the injured person's daily life
For example, a regional resident who sustains a threshold injury (e.g., soft tissue damage) may receive weekly payments for care costs. If the injury results in long-term mobility issues, family members may claim support for adapting their home to accommodate the injured person's needs.
Practical examples of care claims in regional NSW
Example 1: A farmer in regional NSW sustains a spinal nerve-root injury after a car accident. Medical records confirm neurological signs, qualifying the injury as a threshold injury. The injured person receives weekly care payments to cover nursing assistance, while family members claim support for modifying the family home to improve accessibility.
Example 2: A cyclist in a regional town suffers a head injury requiring ongoing support. The claim includes payments for a carer to assist with daily tasks and compensation for the family's lost income due to the injured person's inability to work.
Time limits and when to seek advice
You must notify your insurer within 52 weeks of the accident to claim care benefits. If the injury results in a 'whole person impairment' (e.g., permanent mobility issues), claims may extend beyond this period. Disputes over care needs or payment amounts can be resolved through SIRA's review process.
Next steps
Care and family support claims depend on the specific facts of your case. To understand your options, complete the quick, no obligation enquiry form. A legal professional can help you gather evidence, such as medical reports and care records, to support your claim.