Understanding Shared Liability in NSW CTP Claims
In New South Wales, a motor accident involving more than one party may result in shared liability, where each party is found to have contributed to the crash. Under the Motor Accident Injuries Act 2017, liability is assessed on a percentage basis. For example, if a driver was 60% at fault and a pedestrian 40% at fault, each party’s CTP insurer will pay a proportion of the claim. This applies regardless of who was driving or whether the injured person was a passenger, pedestrian, cyclist, or motorcyclist. The CTP insurer of the at-fault party is responsible for covering the injured person’s claim, but the amount paid may be reduced in proportion to the claimant’s own fault.
How Caregiver and Family Needs Are Addressed in CTP Claims
When a family member is injured in a motor accident, the impact extends beyond physical harm. Family members or caregivers often provide unpaid assistance, such as helping with daily tasks, managing appointments, or supporting recovery. Under the CTP scheme, a claimant may be entitled to a care and support benefit if they require assistance due to injury. This benefit is not limited to formal care services and can include help from a family member.
To claim for unpaid care, the claimant must provide evidence that the care was necessary and reasonable, and that it was provided by a family member. The claim must show that the care was not available through other means, such as formal support services or government programs. The amount paid is calculated based on the hours of care provided and the rate for a professional carer, which is set by the Motor Accident Injuries Regulation 2017.
Regional NSW Challenges in CTP Claims
Families in regional and rural NSW face unique challenges in navigating CTP claims. Access to medical specialists, rehabilitation services, and legal advice is often more limited than in metropolitan areas. Travel to medical appointments, therapy sessions, or claim management meetings may result in additional out-of-pocket costs, which may be claimable under the CTP scheme as reasonable and necessary expenses.
The CTP insurer may require proof of travel, such as receipts for fuel, tolls, or public transport, to support a claim for travel expenses. In regional areas, where public transport is less frequent, travel to appointments may be more extensive and time-consuming. The claimant or caregiver should keep detailed records of travel dates, distances, and purpose to support any claim for travel-related costs.
Evidence Required for Family Care and Support Claims
To support a claim for unpaid family care, the following evidence is typically required:
- A medical report from a treating practitioner confirming the need for assistance with daily activities.
- A written statement from the caregiver detailing the nature, frequency, and duration of care provided.
- A record of the claimant’s functional limitations, such as difficulty with mobility, personal hygiene, or household tasks.
- Documentation of any formal care services previously attempted or declined.
The claimant must also demonstrate that the care was not duplicative of services already available through government or community programs. For example, if a regional aged care service or home care package was available but declined, this should be recorded.
Time Limits and Procedural Considerations
A claim for CTP benefits must generally be made within 3 years of the accident date, as required under the Motor Accident Injuries Act 2017. However, if the claimant was under 18 at the time of the accident, the time limit extends to 3 years after their 18th birthday.
In regional NSW, delays in accessing medical treatment or reporting the accident to the insurer may affect the claim. It is important to notify the CTP insurer as soon as possible after the accident, even if the injury is not immediately apparent. Delayed reporting may result in a claim being disputed on grounds of timeliness, particularly if the insurer argues that evidence has been lost or compromised.
When to Seek Independent Advice
While CTP claims can be managed independently, complex cases involving shared liability, ongoing care needs, or disputes over fault or benefit amounts may require independent legal advice. Families in regional areas may find it difficult to access legal services, but SIRA provides a directory of approved legal practitioners and community legal centres across NSW, including regional locations.
If a claim is disputed or a benefit is refused, the claimant may request a review from the insurer or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. The process can be lengthy, particularly in regional areas where travel and communication delays may occur. Families should keep all correspondence, medical records, and appointment logs to support any review or tribunal application.
Practical Example: A Family Caregiver’s Experience
A 52-year-old woman in Wagga Wagga was injured in a minor collision while walking across a regional intersection. She sustained a soft tissue injury to her neck and back, which limited her ability to walk, stand, or perform household tasks. Her adult daughter, who lives nearby, provided daily assistance with cooking, cleaning, and medical appointments for 12 weeks.
The daughter submitted a statement detailing the care provided and supported it with medical reports and a record of travel to appointments. The CTP insurer accepted the claim for unpaid care and paid a weekly rate based on the national rate for professional care, adjusted for regional cost differences. The claim was processed within 10 weeks, but only after the daughter provided a signed statement confirming the care was not provided for financial gain.
Next Steps for Caregivers and Families
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.