How contributory negligence affects caregiver compensation in NSW CTP claims
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 a caregiver or family member of someone injured in a motor accident in NSW, your compensation may depend on whether the injured person contributed to the accident. Under the Motor Accident Injuries Act 2017, contributory negligence can reduce or eliminate benefits if the injured person’s fault plays a role. This applies even if the caregiver’s own actions were not at fault.
Key legal rules for family-related claims
- SIRA (State Insurance Regulatory Authority) assesses claims based on the
- Motor Accident Guidelines* and the
- Motor Accident Injuries Act 2017*. For example, if the injured person’s contributory negligence (e.g., speeding or not wearing a seatbelt) caused or worsened their injuries, benefits may be reduced. This applies even if the caregiver’s actions were unrelated.
The spinal nerve-root qualification is critical: injuries causing neurological signs (even without radiculopathy) may still qualify as 'threshold injuries' under the Act. If the injured person’s fault is significant, weekly benefits and treatment payments may be limited after 52 weeks, as per s 4.4 of the Act.
Practical steps for families and caregivers
To support your claim, gather:
- Medical records showing the injury’s impact on your caregiving role
- Evidence of the injured person’s contributory fault (e.g., police reports, witness statements)
- Proof of your own income loss due to caregiving (e.g., pay slips, employer statements)
- Accident details, including location (Blue Mountains/Nepean) and time
SIRA requires these records to assess how the injured person’s fault affects your claim. If the injured person’s fault is significant, your compensation may be reduced proportionally.
Time limits and dispute resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. If the injury is not a threshold injury, time limits depend on the injury type. Disputes over contributory negligence must be resolved through SIRA’s review process, which may involve medical assessments.
Example: How caregiver claims work
Imagine a caregiver in the Blue Mountains who must stop work to care for a relative injured in a collision. If the injured person was speeding (contributory negligence), SIRA may reduce the caregiver’s compensation based on the injured person’s fault. However, if the caregiver’s own actions (e.g., not following safety protocols) contributed to the injury, their claim could be affected.
When to seek legal advice
CTP claims involving family caregivers are complex. SIRA’s guidelines on contributory negligence are technical, and regional processing times in the Blue Mountains and Nepean may vary. Legal advice ensures your claim reflects the full impact of contributory negligence on your caregiving circumstances.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.