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).
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 a motor accident in NSW, families and caregivers face unique challenges in claiming compensation. The NSW Compulsory Third Party (CTP) scheme provides support for injuries, but caregiver responsibilities and financial considerations require careful navigation. This article explains how families can claim support under the Motor Accident Injuries Act 2017, what documentation is needed, and when to seek legal advice.
Legal Framework for Uninsured Driver Claims
Under NSW law, the CTP scheme covers injuries caused by uninsured drivers. SIRA (State Insurance Regulatory Authority) administers claims, including support for caregivers. If the at-fault driver lacks valid CTP cover, the injured party can still claim for medical treatment, income loss, and care costs. However, the scheme does not cover general damages for pain or loss of enjoyment unless the injury meets the 'threshold injury' criteria outlined in the Motor Accident Guidelines.
Practical Steps for Caregiver Claims
Families seeking compensation for caregiving must provide evidence of the injured person’s injuries and the care provided. Key documentation includes:
- Medical records confirming the injury’s severity
- A care plan detailing daily support needs
- Receipts for out-of-pocket expenses like transportation or home modifications
- Witness statements or employment records if the caregiver’s income is affected
SIRA requires claims to demonstrate a direct link between the accident and the caregiving costs. For example, if a child’s injury necessitates 24/7 supervision, the family must show how the accident caused this specific need.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident for treatment and income benefits, unless the injury is classified as a 'threshold injury' under the Motor Accident Injuries Act 2017 s 4.4. Families should act quickly to preserve evidence, as delays can reduce compensation. If SIRA disputes a claim, families can request a review or seek independent medical opinions. In complex cases, legal advice is essential to challenge decisions or negotiate fair outcomes.
Example: Supporting a Child with Long-Term Care Needs
Consider a scenario where a child sustains a spinal nerve-root injury in a car accident caused by an uninsured driver. The family must prove the injury meets the 'threshold injury' definition in the Motor Accident Guidelines, including neurological signs beyond radiculopathy. They would also need to document the child’s care requirements, such as hiring a nurse or modifying the home, to claim support for these expenses.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.