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 caring for a family member injured in a motor accident under the old MAC Act framework, understanding how legacy claims work is essential. This article explains how the MAC Act's rules differ from the current CTP scheme, what support families may receive, and practical steps to take in Ashfield, NSW.
What are MAC Act legacy claims and how do they differ from standard CTP claims?
The Motor Accident Claims Act 1991 (MAC Act) governed compensation for injuries caused by motor vehicles until 2017, when the Motor Accident Injuries Act 2017 replaced it. Legacy claims under the MAC Act apply to accidents occurring before 1 July 2017. These claims are distinct from current CTP claims because they:
- Use older eligibility criteria: Injuries must meet the MAC Act's 'threshold injury' definition, which includes soft tissue injuries with specific neurological signs.
- Have different benefit structures: Families may claim for care and support costs, lost income, and out-of-pocket expenses, but benefits are limited to 52 weeks for 'only injuries' cases.
- Require proof of caregiver impact: Families must demonstrate how the injury affects their ability to work or manage daily tasks, which may involve medical evidence and income records.
How do legacy claims affect caregiver and family support in NSW?
Under the MAC Act, families seeking support must prove the injured person's injury meets the threshold and that their caregiving role has financial or practical consequences. For example:
- A full-time carer may claim lost income if they had to leave work.
- Families may seek reimbursement for out-of-pocket expenses like medical equipment or home modifications.
Key considerations include:
- Time limits: Claims must be made within 12 months of the accident, and benefits for 'only injuries' stop after 52 weeks.
- Evidence requirements: Medical reports, proof of income, and documentation of caregiving responsibilities are critical.
- Dispute resolution: If the insurer disputes a claim, families may need to apply to the NSW Civil and Administrative Tribunal (NCAT) for a review.
Practical steps for families in Ashfield NSW
- Seek immediate medical attention: Ensure all injuries are documented, as this forms the basis of the claim.
- Keep records of caregiving impact: Track changes in income, work hours, or daily responsibilities.
- Notify the at-fault driver's insurer: Under the MAC Act, claims are typically handled by the insurer of the driver at fault.
- Consult SIRA resources: The NSW Government's SIRA website provides templates and guidance for legacy claims.
When to seek legal advice
Families should consider consulting a solicitor if:
- The insurer disputes the claim's validity.
- Caregiving responsibilities have caused significant financial strain.
- The injury may qualify for long-term support beyond the 52-week limit.
Example scenario
A family in Ashfield caring for a relative injured in a 2015 car accident may need to:
- Submit a claim for lost income due to the carer's reduced work hours.
- Provide medical evidence showing the injury meets the MAC Act's threshold.
- Apply for out-of-pocket expenses like home modifications.
Next steps
Legacy claims under the MAC Act have unique rules that can affect caregiver support. To ensure your circumstances are properly assessed, complete the quick, no obligation enquiry form to request contact about your situation.