Care and family support claims: Common mistakes to avoid in NSW CTP
If you or a family member has suffered a serious motor vehicle accident in New South Wales, you may be entitled to care and family support compensation through the Compulsory Third Party (CTP) scheme. However, many claimants make errors that could reduce or disqualify their entitlements. This article explains the most common mistakes to avoid when seeking care and family support under NSW CTP laws, based on the framework set by the State Insurance Regulatory Authority (SIRA).
What is care and family support compensation?
Care and family support compensation covers the costs of unpaid care or support needed due to a motor accident injury. This includes assistance with daily living tasks, such as personal hygiene, meals, or mobility, as well as support for family members caring for the injured person. Under the Motor Accident Injuries Act 2017, claimants may also seek compensation for the loss of income or reduced earning capacity caused by the injury.
SIRA outlines that care and family support claims are assessed based on the injured person’s medical needs and the impact of the injury on their ability to live independently. This includes evaluating whether the injury has resulted in a threshold injury, defined as a soft tissue injury with neurological signs or a fracture, and whether the claimant requires ongoing assistance.
Common mistakes to avoid
1. Failing to document care needs
One of the most frequent errors is not keeping detailed records of the care required. SIRA requires claimants to provide evidence of the type and frequency of care needed, such as medical reports, care provider invoices, or witness statements. Without this documentation, insurers may dispute the claim.
2. Not understanding the 52-week limit
Under the Motor Accident Injuries Act 2017, weekly benefits for threshold injuries are generally limited to 52 weeks. If your claim is based on a threshold injury, you may need to transition to a different type of compensation, such as a lump sum for long-term care needs. Failing to understand this distinction could result in reduced payments.
3. Delaying communication with insurers
CTP insurers in NSW require claimants to notify them of their care and family support needs within a reasonable timeframe. Delays in reporting can lead to disputes over the validity of the claim. SIRA advises that claimants should contact their insurer as soon as they become aware of their care requirements.
4. Not seeking legal advice for complex cases
Some claims involve disputes over the extent of care needed, the impact of the injury on daily life, or the need for specialist assessments. If your case involves multiple injuries, long-term care needs, or disputes with the insurer, it may be necessary to seek legal advice to ensure your claim is properly assessed.
How to avoid mistakes
To avoid these common errors, take the following steps:
- Keep detailed records of all care-related expenses, medical reports, and communication with insurers.
- Understand the 52-week limit for threshold injuries and plan for long-term support if needed.
- Notify your insurer promptly about your care and family support needs.
- Seek legal advice if your claim involves complex issues or disputes.
When to seek independent advice
If you are unsure whether your claim meets the criteria for care and family support compensation, or if you believe your claim has been unfairly denied, it is important to seek independent legal advice. A solicitor can help you understand your options, challenge an insurer’s decision, or negotiate a fair settlement.
Next steps
Care and family support claims under NSW CTP laws can be complex, and mistakes can have a significant impact on the outcome. By understanding the legal framework, documenting your needs, and seeking advice when necessary, you can maximise your chances of receiving the support you need. If you have questions about your specific circumstances, complete the quick, no obligation enquiry form to request contact about your case.