Military personnel injured in motor accidents in New South Wales may face unique challenges when pursuing a Compulsory Third Party (CTP) compensation claim, particularly regarding caregiver responsibilities and family support. The Motor Accident Injuries Act 2017 (NSW) governs all CTP claims in the state, including those involving defence personnel. While the legal framework is the same for all claimants, the impact of injury on family roles, caregiving duties and military service commitments can significantly affect claim outcomes. This article explains how caregiver and family factors may influence a CTP claim, what evidence typically matters, and what steps families should take.
The CTP scheme in NSW provides financial support for injuries sustained in motor accidents, regardless of fault. This includes treatment and care benefits, weekly income payments and, in some cases, damages for pain and suffering. For military personnel, the nature of their service may mean that injury-related caregiving responsibilities extend beyond the immediate family. For example, a service member who is the primary caregiver for a child, partner or elderly relative may be entitled to claim for loss of care, which compensates for the value of unpaid care provided. This entitlement is not automatic and requires evidence that the injury has reduced the claimant’s ability to perform caregiving duties.
When a military member is injured, their family may need to step in to manage household responsibilities, support children, or assist with daily tasks. These roles can be formally recognised in a claim if they were a regular part of the injured person’s life before the accident. SIRA’s guidance confirms that claimants may seek compensation for loss of care, provided they can demonstrate that they were regularly providing care to a dependent and that this capacity has been impaired by the injury. For military families, this may include supporting a partner who is on deployment, managing logistics for a service member on leave, or maintaining family stability during recovery.
Practical steps for military personnel and their families include securing medical evidence that confirms the injury and its impact on daily function, including caregiving. Medical practitioners should document any limitations in physical or mental capacity that affect the ability to perform household or family duties. Families should also preserve records of pre-accident caregiving roles, such as school forms, household management logs, or correspondence showing involvement in family decision-making. Witness statements from family members, service colleagues or medical staff may support claims about changes in responsibility after the accident.
Time limits apply to CTP claims in NSW. A claim for treatment and care benefits must generally be made within three years of the accident. For claims seeking damages, the time limit is three years from the date of the accident, or from when the injury was first discovered, if later. These deadlines are strict and cannot be extended without a court order. Military personnel may face additional challenges if they are deployed, on leave, or reassigned shortly after an accident, which may delay claim initiation. It is important to notify the insurer as soon as possible, even if full documentation is not yet available.
A common issue in CTP claims involving military personnel is the potential overlap with other support systems, such as Department of Defence assistance, veteran support services, or family assistance programmes. These do not affect eligibility for CTP benefits but may impact how a claim is structured. For example, if a claimant receives a service-related allowance, this may need to be disclosed to avoid double recovery. The CTP scheme does not require a claimant to choose between CTP and service benefits; however, any payments received from other sources may be taken into account when calculating compensation.
A hypothetical example: A Royal Australian Air Force member was injured in a car accident in Sydney while returning from a training exercise. Prior to the accident, they were responsible for managing household finances, transporting children to school, and supporting a partner who had a chronic health condition. After the injury, they were unable to perform these roles due to ongoing pain and fatigue. Their family submitted medical reports, a diary of daily tasks, and a statement from a family friend confirming the change in responsibilities. The claim included a loss of care component, which was accepted by the insurer after review.
Families supporting a military member’s claim should be aware that the CTP scheme does not cover all losses. For example, damages for pain and suffering are only available if the injury meets the threshold for a serious injury under the Motor Accident Injuries Act 2017. This includes injuries that result in a permanent impairment of at least 15% of the whole person, or injuries that are deemed to have a substantial and permanent impact on daily life. For military personnel, this may include mental health conditions, such as post-traumatic stress, if they are linked to the accident.
The available options for compensation depend on the nature of the injury, the claimant’s pre-accident capacity, and the evidence provided. Families should not assume that CTP will cover all caregiving needs or that a claim will automatically include a loss of care element. The final determination rests on the facts and medical evidence.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.