A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you or a family member were injured in a failure-to-give-way accident in Western Sydney, you may be eligible for caregiver support under NSW’s Compulsory Third Party (CTP) scheme. This guide explains how families can claim assistance, what evidence is needed, and how fault impacts your entitlements.
How CTP Supports Caregivers After Failure-to-Give-Way Accidents
Under the Motor Accident Injuries Act 2017 (MAIA), CTP claims cover injuries caused by motor vehicle accidents, including failure-to-give-way incidents. Caregivers may claim support for expenses like home modifications, medical equipment, or lost income if they reduce work hours to care for an injured person.
SIRA (State Insurance Regulatory Authority) administers CTP claims and outlines caregiver entitlements in its guidelines. For example, if your injury requires ongoing care, you may claim weekly income payments or treatment benefits. However, these are limited to 52 weeks if your injuries are classified as 'threshold injuries' (minor soft-tissue injuries without long-term impairment).
Proving Caregiver Needs: Evidence and Documentation
To claim support, you must demonstrate the injured person’s care requirements. Key evidence includes:
- Medical reports confirming the injury’s severity and care needs
- Evidence of the accident (e.g., police reports, witness statements)
- Financial records showing lost income or caregiving costs
- A care plan from healthcare professionals
SIRA assesses claims based on the 'whole person impairment' rating, which evaluates how the injury affects daily living. For instance, if your injury requires assistance with mobility or personal care, this strengthens your case for caregiver support.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly income benefits if your injuries are threshold injuries. For non-threshold injuries (e.g., fractures, nerve damage), benefits may continue beyond 52 weeks. If your claim is disputed, you can request a review by SIRA or seek legal advice.
Practical Steps for Families in Western Sydney
- Seek immediate medical attention to document your injury.
- Report the accident to the police and obtain a report.
- Notify your insurer (or the at-fault driver’s insurer) about your claim.
- Keep records of all medical treatments, expenses, and caregiving activities.
- Consult a legal professional if your claim is denied or disputed.
Example: How SIRA Assesses Caregiver Claims
Consider a scenario where a driver collides with a cyclist at a junction. The cyclist sustains a broken arm and requires a caregiver for 12 weeks. SIRA would assess the injury as a threshold injury (if the arm heals fully) and limit weekly benefits to 52 weeks. However, if the injury results in long-term mobility issues, benefits may continue beyond this period.
When to Seek Legal Advice
Families should contact a legal professional if:
- Your claim is rejected or delayed
- You need help navigating SIRA’s process
- You believe the at-fault driver’s insurance company is not cooperating
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.