Care and Family Support in NSW CTP Claims
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 injured in a motor vehicle accident in NSW, you may be eligible for care and family support payments under the Compulsory Third Party (CTP) scheme. These payments help cover the cost of assistance with daily living tasks and support for dependants. This article explains what types of care are covered, how to claim support, and what evidence you'll need.
What Types of Care Are Covered Under NSW CTP?
The NSW CTP scheme covers care and family support payments for injuries resulting from motor vehicle accidents. This includes:
- Personal care assistance, help with tasks like bathing, dressing, and eating.
- Family support payments, assistance with childcare, elder care, or household duties.
- Coordination of care, support for arranging and managing care services.
These payments are available to injured people who require assistance due to their injury, regardless of whether they are a driver, passenger, pedestrian, or cyclist.
How to Claim Care and Family Support in Armidale
To claim care and family support, you must notify your insurer or the at-fault driver's insurer within 52 weeks of the accident. You'll need to provide:
- A medical report confirming your injury and care needs.
- Evidence of care costs, such as receipts for home help or childcare.
- Proof of income, to show how your injury has affected your ability to work.
- Accident details, including police reports, witness statements, and photos.
You should also contact the State Insurance Regulatory Authority (SIRA) to discuss your claim. They will assess your eligibility and determine the amount of support you can receive.
Documentation Required for a Care Claim
To support your claim, you'll need to provide:
- Medical records showing your injury and care requirements.
- Care provider details, including invoices and contact information.
- Income records, to demonstrate how your injury has impacted your finances.
- Accident reports, such as police reports or statements from witnesses.
It's important to keep all these documents organized. SIRA will use them to determine whether your claim meets the criteria for care and family support.
How CTP Coordinates with Other Support Services
The CTP scheme works with other support services, such as government benefits or community care programs. If you're receiving other forms of assistance, you should inform SIRA to avoid duplication.
For example, if you're also eligible for a government disability pension, SIRA will consider this when assessing your CTP claim. You may need to provide documentation from other agencies to support your case.
Time Limits and Dispute Options
You have 52 weeks from the date of your accident to notify your insurer of your claim. If your injury results in a threshold injury (as defined by the Motor Accident Guidelines), your care payments may be limited after 52 weeks.
If you disagree with a decision about your claim, you can request a review from SIRA. In some cases, you may also seek legal advice to challenge a decision.
When to Seek Legal Advice
It's important to seek legal advice if:
- You're unsure whether your injury qualifies for care payments.
- You need help coordinating with multiple support services.
- You believe your claim has been unfairly denied.
A solicitor can help you understand your rights and ensure you receive the support you're entitled to.
Next Steps
If you're injured in a motor vehicle accident in Armidale, you may be eligible for care and family support payments under the NSW CTP scheme. To request contact about your circumstances, complete the quick, no obligation enquiry form.