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 navigating a motor accident injury claim in NSW where the accident occurred before 2017, you may have unique caregiver and family considerations under the Motor Accident Injuries Act 2017 (MAI Act). Transitional claims require careful attention to how the new scheme accounts for dependants, care needs and family impacts. This guide explains your rights, what evidence matters and how to prepare for claims in the Newcastle and Hunter region.
How the MAI Act Handles Transitional Claims
The MAI Act replaced the old CTP scheme in 2017, but claims involving accidents before 2017 are handled under transitional rules. For families, this means the new scheme must account for pre-2017 injuries while applying updated rules. Key considerations include:
- Dependant care needs: The scheme covers additional costs for family members providing care, such as lost income from time off work or expenses for home modifications.
- Caregiver entitlements: You may claim for your own injuries and the care needs of dependants, including children, elderly relatives or partners.
- Time limits: Claims must be made within 52 weeks of the accident for certain benefits, though this doesn't apply to all types of support.
Evidence to Support Caregiver Claims
To prove family and caregiver needs, you'll need to provide:
- Medical records showing the injured person's condition and care requirements
- Proof of income loss for caregivers (e.g., payslips, employer statements)
- Documentation of additional expenses (e.g., home care costs, transport)
- Witness statements or family affidavits explaining the care arrangement
- Accident reports detailing how the injury affects daily life and family dynamics
Practical Steps for Families in Newcastle and Hunter
Families in the Newcastle and Hunter region should:
- Document all care activities in a journal or log, noting hours spent providing care and specific needs.
- Consult a medical professional to assess how the injury impacts the family unit.
- Notify SIRA within the required time limits to start the claims process.
- Prepare a list of all dependants and their specific care requirements.
- Seek independent advice if you're unsure whether your family's needs are covered under the transitional rules.
Disputes and When to Seek Advice
Disputes may arise if:
- The insurer disputes the extent of care needs
- There are delays in processing claims
- The injury involves complex family dynamics
In such cases, it's important to:
- Request a detailed explanation of any claim denial
- Gather additional evidence if needed
- Seek legal advice if the claim is contested or if you need to dispute a decision
A Hypothetical Example
Consider a scenario where a parent in Newcastle suffers a soft tissue injury in a 2016 accident. The family must arrange care for the injured parent, leading to the mother taking unpaid leave from work. Under the MAI Act, the family could claim:
- The parent's treatment costs
- The mother's lost income from caring for the injured person
- Additional household expenses incurred due to the injury
This example shows how the scheme accounts for both the injured person's needs and the impact on the family unit.
Next Steps
The specifics of your transitional claim will depend on the accident date, injury type and how the injury affects your family. While the MAI Act provides a framework, each claim is assessed on its own merits. To request contact about your circumstances, complete the quick, no obligation enquiry form.