In New South Wales, injured road users who require assistance with household tasks due to a motor accident may be eligible for domestic duties care costs under the Compulsory Third Party (CTP) scheme. This article explains how to claim support for essential household responsibilities, including documentation requirements, insurer assessment processes, and time limits for making a claim.
What types of domestic duties are covered under NSW CTP claims?
Under the Motor Accident Injuries Act 2017 (MAIA), domestic duties care costs cover household tasks that an injured person cannot perform due to their injury. This includes cooking, cleaning, shopping, laundry, and managing finances. The New South Wales Motor Accident Claims Authority (SIRA) outlines that these costs must be directly related to the injury caused by the accident. For example, if a pedestrian injured in a car crash cannot prepare meals, they may claim the cost of hiring a carer to cook.
How do insurers assess the cost of domestic duties care?
Insurers evaluate domestic duties claims based on medical evidence and the injured person’s specific needs. SIRA guidelines require claimants to provide a detailed breakdown of the tasks needing assistance, including the frequency, duration, and estimated cost. For instance, if a cyclist requires weekly shopping assistance, the claimant must specify the number of trips and the associated expenses. Insurers may also consider the availability of family support and the necessity of external help.
What evidence is needed to support domestic duties claims in CTP cases?
To substantiate a domestic duties claim, injured road users must gather specific evidence. This includes:
- Medical records confirming the injury’s impact on daily activities
- A care plan from a medical practitioner detailing the need for assistance
- Invoices or receipts for hired carers or household services
- A diary or log tracking the tasks requiring support
- Witness statements or family affidavits confirming the need for help
For example, if a motorcyclist injured in a collision cannot clean due to hand injuries, they should document the frequency of cleaning tasks and provide receipts for professional cleaning services.
What are the time limits for claiming domestic duties support under NSW CTP rules?
CTP claims must be submitted within 52 weeks of the accident, as per the MAIA. However, domestic duties support is only available for injuries that meet the 'threshold injury' criteria under the Motor Accident Guidelines. If the injury is classified as a soft tissue injury (e.g., whiplash), the 52-week period applies to weekly benefits, but long-term care costs may still be claimed if they result from a whole person impairment rating of 10% or more.
When should you seek legal advice?
Disputes over domestic duties claims often arise when insurers dispute the necessity or cost of care. For example, an insurer might challenge a claim for weekly shopping assistance if they argue the injured person can perform the task with minimal help. In such cases, legal advice can help clarify the legal obligations of the CTP insurer and ensure claimants understand their rights under the MAIA.
Practical steps for injured road users
- Seek immediate medical attention to document the injury’s impact on daily activities
- Keep a detailed diary of household tasks you cannot perform
- Obtain quotes from carers or service providers for assistance
- Submit a claim to the at-fault driver’s CTP insurer within 52 weeks
- Request a review if the insurer disputes the claim’s validity
Example scenario
Consider a pedestrian injured in a car accident who cannot cook or clean due to broken arms. They document their inability to prepare meals and hire a carer to cook three meals daily. The insurer assesses the claim based on the medical records and receipts, approving the cost of the carer’s services as domestic duties support.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.