Distracted driving claims, caregiver and family considerations (NSW-wide)
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).
If you or a family member has been injured in a distracted driving accident in New South Wales, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how families and caregivers can claim support under the NSW CTP framework, including what documentation is needed and how insurers assess family-related claims.
NSW CTP rules for distracted driving claims
Under the Motor Accident Injuries Act 2017, CTP insurers must cover injuries caused by motor vehicle accidents, including those involving distracted drivers. While the scheme primarily focuses on the injured person’s medical and financial needs, families and caregivers may also claim support for additional costs incurred due to the injury. This includes:
- Caregiver income loss: If a family member has to leave work to care for the injured person, they may claim lost income.
- Out-of-pocket expenses: Costs like transportation to medical appointments, home modifications, or temporary accommodation for caregivers.
- Dependent support: Children or elderly family members who require additional care due to the injury.
CTP insurers assess these claims based on the Motor Accident Guidelines and the injured person’s medical evidence. However, family-related claims are not automatic and must be explicitly requested.
Evidence required for family support claims
To support a family or caregiver claim, you’ll need to provide:
- Medical records confirming the injury’s severity and ongoing care needs
- Proof of income loss for caregivers (e.g., payslips, employment records)
- Evidence of out-of-pocket expenses (e.g., receipts, invoices)
- A statement from the caregiver detailing their role and time spent providing care
- Any documentation showing the injury’s impact on family dynamics (e.g., school absences for children)
For example, if a parent needs to take time off work to care for an injured child, they must provide evidence of their lost income and the child’s medical needs. SIRA’s guidelines clarify that family support claims are only available if the injury directly caused the caregiving requirement.
Time limits and dispute resolution
CTP claims must be submitted within 52 weeks of the accident, unless the injured person’s condition worsens after that period. If a family-related claim is not resolved within this timeframe, you may need to seek legal advice to explore options for extending the deadline.
Disputes over family support claims are typically resolved through the NSW Civil and Administrative Tribunal (NCAT). Insurers may challenge claims by arguing the injury does not meet the threshold injury definition under the Motor Accident Injuries Act 2017. For instance, if the injury is classified as a soft tissue injury without neurological signs, the insurer may argue it does not justify additional family support.
When to seek legal advice
Family support claims can be complex, especially if the injury involves long-term care needs or disputes over claim value. A solicitor can help:
- Navigate the CTP insurer’s assessment process
- Challenge decisions that unfairly limit family-related compensation
- Ensure all required documentation is submitted correctly
If the accident occurred before 2023, check whether the current CTP scheme applies, as the rules changed in 2023 to limit benefits for injuries below the threshold injury definition. This distinction is critical for determining eligibility for family support.
Next steps
If you or a family member has been injured in a distracted driving accident, start by contacting the at-fault driver’s CTP insurer to request a claim form. Keep detailed records of all caregiving activities and expenses. If the insurer denies your family-related claim or you’re unsure about your options, seek legal advice to explore further steps.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.