If you're injured in a motor accident in NSW and need help with daily tasks like cooking, cleaning or shopping, you may be eligible for domestic duties care costs under the Compulsory Third Party (CTP) scheme. This guide explains what evidence to collect, how to organize records, and how SIRA guidelines apply to support your claim.
What Evidence Supports Domestic Duties Care Costs?
Under the Motor Accident Injuries Act 2017, domestic duties care costs are covered as part of 'treatment and care benefits' if your injury limits your ability to perform household tasks. To support your claim, you must provide:
- Medical evidence showing your injury limits daily functioning (e.g., a doctor’s report stating you cannot cook due to hand injuries)
- Care provider records like invoices or receipts for assistance with cooking, cleaning or shopping
- A care diary documenting the frequency and type of assistance needed (e.g., 'Wednesday 10am: assistance with meal preparation')
- Witness statements from family members or friends confirming your need for help
- Expense records showing the cost of care services (e.g., a receipt for a cleaner’s visit)
How to Organize Records for Domestic Duties Claims
SIRA guidelines emphasize clear, organized documentation. Create a file with:
- Medical reports from your treating practitioner, including dates of assessment and specific limitations
- Care provider invoices with dates, service descriptions and costs
- A daily care log noting the type of assistance received, duration, and any changes in your needs
- Photographs of your home environment if the injury affects your ability to manage household tasks (e.g., a broken leg preventing you from reaching high shelves)
- Correspondence with your insurer, including dates of claim submissions and any requests for additional information
SIRA Guidelines on Documenting Domestic Duties
SIRA’s 'What you can claim' page confirms that domestic duties care costs are covered if they result from a motor accident. However, claims must demonstrate a direct link between your injury and the care needed. For example, if your injury prevents you from cooking, you can claim the cost of a meal preparation service. SIRA also advises that claims for domestic duties must be submitted within 52 weeks of the accident unless extended by the insurer.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to submit claims for domestic duties care costs under the CTP scheme. If your claim is denied, you may need to:
- Request a review with your insurer, providing additional evidence
- Seek independent medical opinion if your claim is disputed
- Consult a legal professional if your insurer refuses to consider your claim
When to Seek Legal Advice
While SIRA provides clear guidelines, claims for domestic duties care costs can be complex. For example, if your injury results in a 'threshold injury' (a soft tissue injury meeting specific medical criteria), your claim may be limited to 52 weeks of benefits. A legal professional can help you understand how your specific circumstances apply to the Motor Accident Injuries Act 2017.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.