Caregiver and Family Rights Under the Motor Accident Injuries Act 2017
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).
The Motor Accident Injuries Act 2017 (MAIA) provides statutory benefits for injured claimants in NSW, including support for caregivers and families. Under the Act, caregivers may claim for expenses incurred while supporting an injured person, such as travel costs, accommodation, and lost income. Families can also seek assistance with practical matters like coordinating medical appointments or managing insurance claims. These rights apply regardless of the accident location, including the Illawarra and South Coast regions.
Practical Steps for Caregivers and Families
Caregivers should document all expenses related to their role, such as receipts for travel, proof of income lost due to caregiving duties, and records of time spent supporting the injured person. Families should also preserve evidence of the accident, including police reports, witness statements, and medical records. SIRA’s guidelines emphasize that clear documentation is essential to support claims for caregiver-related expenses.
Regional Considerations for Illawarra and South Coast
While the MAIA applies statewide, regional factors may influence claim processing. For example, SIRA’s Illawarra and South Coast offices may have specific procedures for claims involving rural or coastal locations. Families should contact the nearest SIRA office to understand local support options, such as access to legal advice or assistance with navigating the claims process.
Time Limits and Dispute Resolution
Claims under the MAIA must be submitted within 52 weeks of the accident if the injury is classified as a 'threshold injury' (e.g., soft tissue injuries). For more severe injuries, there is no strict time limit, but delays may affect the availability of certain benefits. If disputes arise, SIRA offers a review process, and families may seek independent legal advice to challenge decisions.
Example: Supporting a Family Member’s Claim
A family member caring for an injured relative in the Illawarra region may claim for expenses like travel to medical appointments. They should keep records of all expenses and contact SIRA to confirm eligibility. If the injured person’s claim is denied, the family can request a review or seek legal assistance to challenge the decision.
When to Seek Legal Advice
Caregivers and families should consult a solicitor if they face difficulties with claim processing, disputes over benefits, or uncertainty about their rights. Legal advice can also help navigate complex issues like overlapping claims with workers’ compensation or disputes over fault.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.