Post-traumatic stress disorder (PTSD) following a serious motor vehicle accident can profoundly affect not only the injured person but also their family and caregivers. In New South Wales, family members and caregivers of individuals diagnosed with PTSD after a road trauma may be entitled to support through the Compulsory Third Party (CTP) insurance scheme, administered by the State Insurance Regulatory Authority (SIRA). This support is not automatic and depends on the nature of the injury, the claimant’s circumstances, and the evidence provided.
The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the framework for claims involving psychological injury. PTSD is recognised as a potential injury under the CTP scheme, but it must be clinically diagnosed and supported by appropriate medical evidence. The assessment of psychological injuries, including PTSD, is governed by the Motor Accident Guidelines, which require that the injury be caused by the motor accident and not pre-existing. The SIRA assesses claims based on medical reports, treatment records, and evidence of functional impairment.
For caregivers and family members, the primary consideration is whether they are eligible for any form of CTP benefit. While the CTP scheme primarily compensates the injured person, family members may be entitled to treatment and care benefits if they are providing substantial care and support as a result of the injury. This includes family members who have taken on a caregiving role, such as assisting with daily living activities, managing appointments, or providing emotional support. The care must be ongoing and not merely occasional or incidental.
To establish eligibility, the caregiver must provide evidence of the extent and duration of care provided. This may include a written statement detailing the tasks performed, a diary of care activities, and a medical report from the injured person’s treating practitioner confirming the need for assistance. The SIRA may also require a formal assessment of the injured person’s capacity to perform activities of daily living. The caregiver’s own psychological or physical strain may not be compensable unless they have a separate, diagnosed injury.
In cases where the injured person has a diagnosed PTSD and is unable to return to work or manage daily tasks, the CTP scheme may provide weekly income payments, treatment and care benefits, and, if the injury meets the threshold, damages for pain and suffering. The injured person may also be eligible for a damages claim if they have a whole person impairment (WPI) of 10% or more, as assessed under the Motor Accident Guidelines. The caregiver’s role in supporting recovery may be considered when assessing the impact of the injury, but it does not automatically generate a separate claim.
A realistic example: A mother in Ashfield was involved in a serious crash in 2024. She sustained a concussion and developed PTSD, which led to her being unable to work and requiring daily assistance with household tasks. Her teenage daughter, who lives with her, took on the role of primary caregiver, managing meals, medication, and appointments. The daughter was not injured but provided over 20 hours of care per week for six months. The mother’s claim was accepted, and the daughter was able to access treatment and care benefits through her mother’s claim, as the care was documented and supported by medical evidence.
Time limits apply. A claim for CTP benefits must generally be made within three years of the accident. For claims involving psychological injury, it is critical to seek medical assessment and begin the claim process as soon as possible, as delays may affect the assessment of causation. If a claim is disputed, the injured person or caregiver may request a review by SIRA or apply to the Civil and Administrative Tribunal (NCAT) for a determination.
Families in Ashfield and across NSW can access support through local mental health services, including the NSW Mental Health Directorate and headspace, which provides youth-focused psychological services. The SIRA website provides information on treatment providers approved under the CTP scheme. Families are encouraged to keep records of all communications with insurers, medical practitioners, and support services.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.