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're an injured road user in Newcastle or Hunter needing help with household tasks due to your accident, you may be eligible for domestic duties care costs under NSW's Compulsory Third Party (CTP) scheme. This article explains how to claim these costs, what evidence is needed, and key steps to take early after a motor accident.
What Are Domestic Duties Care Costs Under NSW CTP?
Domestic duties care costs cover essential household tasks like cooking, cleaning, and shopping when injuries prevent you from performing these tasks. Under the Motor Accident Injuries Act 2017, these costs are part of the statutory benefits available to injured road users. SIRA (State Insurance Regulatory Authority) administers these claims, and their guidelines clarify what qualifies as a domestic duty cost.
How to Claim Domestic Duties Care Costs After a Motor Accident
To claim these costs, you must:
- Notify your insurer or SIRA within 52 weeks of the accident (s 4.4 of the Motor Accident Injuries Act 2017)
- Provide evidence of your injuries and how they prevent you from performing household tasks
- Submit a claim form through SIRA's online portal
SIRA assesses claims based on medical reports and evidence of how your injuries impact your daily life. For example, if you're unable to cook meals due to hand injuries, this would qualify as a domestic duty cost.
Evidence Needed for Domestic Duties Claims
SIRA requires:
- Medical records confirming your injuries
- A statement from a medical practitioner about how your injuries affect your ability to perform household tasks
- Proof of income loss if you're unable to work due to your injuries
- Witness statements or accident reports where relevant
Keep detailed records of all medical appointments, treatments, and how your injuries impact your daily routine. This evidence helps SIRA determine the scope of your domestic duties claim.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim domestic duties care costs. If your claim is disputed, you can request a review by SIRA or seek independent medical advice. It's important to act quickly, as delays may affect your eligibility for benefits.
When to Seek Legal Advice
While SIRA handles most claims, complex cases involving multiple injuries, long-term care needs, or disputes over claim amounts may require legal assistance. A solicitor can help ensure you meet all requirements and understand your rights under the CTP scheme.
Example Scenario
Consider a cyclist in Newcastle who breaks their wrist in a collision. They're unable to prepare meals or clean their home for six weeks. Their medical records show the wrist injury prevents them from performing these tasks, making them eligible for domestic duties care costs under the CTP scheme.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.