Time Limits for Care and Family Support Claims in NSW CTP
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).
Under New South Wales law, claims for care and family support under the Compulsory Third Party (CTP) scheme must be initiated within specific timeframes. These limits depend on the type of support claimed and the nature of the injury. For example, weekly income payments and treatment benefits are generally limited to 52 weeks after the accident if only threshold injuries are involved. However, claims for care and family support may have different rules depending on the circumstances.
Key CTP Rules for Care and Family Support Claims
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. Section 4.4 of the Act states that if a person’s only injuries are threshold injuries, weekly benefits and treatment benefits are limited after 52 weeks. Care and family support claims may fall under treatment benefits or be a separate category, depending on the nature of the support needed. SIRA’s guidelines clarify that care and family support is a type of treatment benefit, subject to the 52-week limit for threshold injuries.
Practical Steps for Claimants in Ballina
To meet time limits, claimants should:
- Notify their insurer promptly after the accident.
- Document all care and support needs, including medical advice and evidence of financial impact.
- Submit claims for treatment benefits within 52 weeks if injuries are threshold.
- Seek legal advice if support needs extend beyond the 52-week period.
Evidence such as medical records, accident reports, and witness statements is critical. Claimants should also review SIRA’s guidelines on what can be claimed to understand their options.
Disputes and When to Seek Advice
If an insurer disputes a care or family support claim, claimants should act quickly. Delays can reduce or eliminate benefits. Legal advice is recommended if:
- The injury exceeds threshold criteria.
- Support needs extend beyond 52 weeks.
- The claim is denied or delayed.
Example Scenario
A car accident in Ballina leaves a family member with a soft-tissue injury. The injured person requires unpaid family care for 60 weeks. Since the injury is a threshold injury, treatment benefits (including family support) may be limited to 52 weeks. Claimants must act within this timeframe to secure support.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.