Multi-vehicle pile-ups on NSW roads, including on the Illawarra and South Coast, can result in serious injuries and complex claims. Families and caregivers may face challenges in navigating compensation under the Compulsory Third Party (CTP) insurance scheme, particularly when liability is disputed or injuries are ongoing. This article explains the legal framework, practical steps and support options available under NSW law.
Under the Motor Accident Injuries Act 2017, individuals injured in a motor accident may be entitled to treatment and care benefits, weekly income payments and, in some cases, damages. These entitlements apply regardless of fault, but the type and duration of benefits depend on the nature of the injury and the claimant’s circumstances. For caregivers and family members, the focus often shifts from personal injury to the impact of the accident on their ability to provide care.
A person may be eligible for treatment and care benefits if they have sustained a physical injury as a result of a motor accident. These benefits cover medical treatment, allied health services, and assistance with daily living activities. If the injury results in a loss of income, the claimant may also qualify for weekly income payments. These payments are not limited to the injured person, a family member who provides unpaid care may be able to claim for their own time and effort, subject to the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines.
In multi-vehicle pile-ups, determining liability can be complex. SIRA (the State Insurance Regulatory Authority) oversees the CTP scheme and ensures claims are processed according to law. Where a claim involves multiple vehicles, SIRA may assess whether a driver was at fault, or whether a Nominal Defendant (a legal entity representing the CTP insurer) should be involved. The claimant must notify the insurer within a reasonable time, and SIRA provides guidance on how to make a claim, including through the SIRA website.
The Motor Accident Guidelines define a threshold injury as a physical injury that is not minor and that limits a person’s ability to perform everyday activities. For a claim to proceed to damages, the injured person must meet the threshold test, which includes a minimum level of whole person impairment (WPI) or a specified level of functional loss. If a person’s only injuries are threshold injuries, damages are generally not available under the Motor Accident Injuries Act 2017, section 4.4, unless the injury includes a spinal nerve-root injury with neurological signs other than radiculopathy.
For caregivers, the burden of care may be significant. If a family member becomes unable to perform their usual care duties due to injury, and another family member steps in to provide care, that person may be able to claim for unpaid care. The claim must demonstrate that the care was provided regularly and that it was necessary because of the injury. Evidence such as a care log, medical reports, and a statement from the injured person or a healthcare provider may be required.
In the Illawarra and South Coast regions, access to medical and allied health services may vary. Claimants are encouraged to seek treatment from a registered medical practitioner and to keep records of all appointments, prescriptions, and care notes. Photographs of the accident scene, witness contact details, and a copy of the police report (if available) can support a claim. If the accident occurred on a public road, including a car park or private road used for public travel, it may still be covered under the CTP scheme, provided the vehicle was being used for transport and not for work or recreational purposes.
A common issue in multi-vehicle pile-ups is the delay in receiving a response from an insurer. SIRA advises claimants to keep written records of all correspondence and to follow up if a claim is not acknowledged within 28 days. If a claim is denied, the claimant may request a review from the insurer, or apply to SIRA for a determination. Disputes over the amount of weekly income payments or the extent of care needs may be resolved through a formal review process.
A hypothetical example: A mother in Wollongong was injured in a three-vehicle pile-up on the Princes Highway. She sustained a soft tissue injury to her neck and back, and was unable to care for her two young children for six weeks. Her partner, who had not been injured, took on full responsibility for childcare, cooking, and household management. After obtaining medical evidence and a care log, the partner submitted a claim for unpaid care. SIRA assessed the claim and approved payments based on the documented need and time spent.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.