Understanding Knee Injuries in NSW Motor Accidents
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).
A knee injury sustained in a motor accident can significantly affect a person’s ability to perform daily tasks, including mobility, household duties, and personal care. For individuals in Greater Sydney who rely on family members for support, the injury may shift responsibility to a caregiver, often a partner, parent, or adult child. Under the Motor Accident Injuries Act 2017 (NSW), compensation may be available for the cost of this informal care, provided it meets the legal criteria for claimable expenses.
What Caregiver Expenses Are Claimable?
Families may claim for reasonable and necessary expenses incurred in providing care to a person injured in a motor accident. For a knee injury, this may include time spent assisting with walking, household tasks, shopping, personal care, or transporting the injured person to medical appointments. These are not automatic payments but must be supported by evidence that the care was provided, was reasonable, and was necessary because of the injury.
The Motor Accident Injuries Regulation 2017 and SIRA’s guidance state that a claim for caregiver expenses must demonstrate that the care was not provided as part of a paid employment or formal service. The injured person must not have been receiving care from a professional service, such as a home care provider, unless the caregiver was also involved in a formal care arrangement. The claim must be made within the timeframe set by law, and the caregiver must not have been paid for the time spent assisting.
How Knee Injuries Impact Family Caregiving
Knee injuries, particularly ligament tears such as an ACL or MCL rupture, often result in prolonged recovery, limited mobility, and the need for physiotherapy. This can disrupt family routines, reduce the injured person’s independence, and increase the burden on a family caregiver. In Greater Sydney, where many people live in multi-generational households or rely on informal support networks, the impact of a knee injury on family life can be substantial.
The injury may prevent the injured person from driving, managing household tasks, or caring for children or elderly relatives. This often leads to a family member taking on additional responsibilities, such as driving to appointments, preparing meals, or assisting with bathing and dressing. These changes may affect the caregiver’s work hours, mental wellbeing, and financial stability.
Evidence Required for Caregiver Claims
To claim for caregiver support, families must gather and preserve evidence that demonstrates the nature and extent of the care provided. This includes:
- A written record of the care tasks performed, including dates, times, and descriptions (e.g., ‘assisted with walking to medical appointment on 15 August 2026’).
- Medical reports confirming the diagnosis, treatment plan, and expected recovery period.
- A statement from the injured person confirming that the caregiver provided assistance and that the injury limited their ability to perform tasks independently.
- Photographs or videos showing the injured person using mobility aids, or the caregiver assisting with daily activities (if available and appropriate).
- If the caregiver has reduced work hours due to the injury, a letter from their employer confirming the time off and the reason (e.g., ‘due to need to care for injured family member’).
SIRA’s guidance confirms that informal care is compensable only if it is not already covered by another benefit, such as a weekly income payment or treatment and care benefits.
Time Limits and Procedural Steps
A claim for caregiver expenses must be made within the time limits set by law. While the Motor Accident Injuries Act 2017 does not specify a fixed deadline for submitting a claim for informal care, it is essential to notify the insurer as soon as possible after the accident. Delay may affect the insurer’s ability to assess the claim or may result in a denial if the claim is not made within a reasonable timeframe.
The injured person or their legal representative must submit a claim through the insurer’s claims portal or by completing a claim form. The claim must include details of the care provided, supporting evidence, and a description of how the injury limited the injured person’s ability to manage daily tasks.
When to Seek Independent Advice
A knee injury may result in a threshold injury under the Motor Accident Injuries Act 2017, which limits the right to claim damages for pain and suffering unless the injury meets the threshold. However, the right to claim for caregiver expenses is not affected by the threshold injury status. Even if only threshold injuries are present, a claim for informal care may still be valid.
If the insurer refuses to pay for caregiver expenses, or if the family is unsure whether the care provided qualifies, it is advisable to seek independent legal advice. A solicitor experienced in CTP claims can help assess whether the claim meets the legal criteria, assist in preparing documentation, and represent the family if a dispute arises.
Hypothetical Example
A 42-year-old mother in Sydney’s western suburbs was injured in a car crash in July 2026. She sustained a torn ACL and required surgery and six months of rehabilitation. During recovery, her teenage daughter, who was not employed, spent up to 10 hours per week assisting with household tasks, driving her to physiotherapy, and helping her with personal care. The daughter’s schoolwork was affected, and her father reduced his work hours to help. The family submitted a claim for caregiver expenses, supported by medical reports, a diary of care tasks, and a statement from the mother. The insurer accepted the claim after review, and the family received compensation for the time spent providing care.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.