A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
When an uninsured driver causes an accident in Newcastle or Hunter, families may face complex legal and financial challenges. Under NSW law, caregiver and family support costs can be claimed through the Compulsory Third Party (CTP) scheme, but the process requires careful navigation. This article explains your rights, practical steps, and time limits for securing support after an uninsured driver accident.
CTP Claim Rights for Families of Injured Parties
In NSW, the Motor Accident Injuries Act 2017 ensures injured parties and their dependents can claim compensation for care and support. If the at-fault driver lacks valid CTP cover, claims fall under the 'Nominal Defendant' scheme, which covers injuries caused by uninsured drivers. Families may claim:
- Medical treatment and rehabilitation costs
- Lost income due to the injured person’s inability to work
- Caregiver expenses, including out-of-pocket costs for daily living support
- Travel and accommodation expenses related to medical care
The injured person’s dependants, including spouses, children, and parents, may also claim for lost income if the injury prevents the injured person from working.
Practical Steps and Evidence for Caregiver Claims
To support a CTP claim for family care costs, gather:
- Medical records confirming the injury’s severity and treatment needs
- Proof of the injured person’s lost income (e.g., payslips, tax returns)
- Documentation of caregiver expenses, such as receipts for groceries, transport, or home modifications
- Witness statements or medical reports linking the injury to the accident
- A statement from a medical practitioner confirming the injury’s impact on daily living
For example, if a family member must take time off work to care for an injured relative, they should document their lost wages and provide evidence of the injury’s effect on the injured person’s ability to work.
Time Limits and Dispute Resolution
Claims must be submitted within three years of the accident date under the Motor Accident Injuries Act 2017. However, time limits for specific benefits vary:
- Weekly income benefits and treatment benefits are generally limited after 52 weeks if the injury is a 'threshold injury' (see below)
- Families must act quickly to secure benefits, as delays may reduce the amount available
If a claim is denied, families can request a review through the NSW Civil and Administrative Tribunal (NCAT). This process allows for a formal assessment of the claim’s merits, including evidence of caregiver costs.
Key Legal Considerations
- Threshold Injuries: Injuries meeting the 'threshold injury' definition under the Motor Accident Guidelines may limit benefits after 52 weeks. Families should seek medical confirmation of whether the injury qualifies.
- Nominal Defendant Scheme: This scheme covers claims where the at-fault driver has no valid CTP cover. Families must notify the NSW Government’s Nominal Defendant office within three years of the accident.
- Regional Variations: While CTP rules apply statewide, local insurers in Newcastle and Hunter may have specific procedures for processing claims. Families should contact the relevant insurer directly for guidance.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injured person’s condition worsens, leading to long-term care needs
- The insurer denies a claim without clear reasoning
- There are disputes over the value of caregiver costs
- The accident occurred in a car park, driveway, or private property (as these may require individual legal assessment)
Legal professionals can help families understand their rights, challenge denied claims, and ensure all evidence is properly submitted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.