Vision loss following a motor accident in New South Wales may significantly affect a person’s ability to live independently and manage daily tasks. For individuals in Armidale and surrounding areas, this can create complex family and care needs that influence their Compulsory Third Party (CTP) compensation claim. The Motor Accident Injuries Act 2017 and associated SIRA guidelines determine how care needs are assessed and whether family members’ contributions are recognised in a claim. This article explains how SIRA evaluates family-based care, what evidence is needed to support such claims, and practical steps for Armidale residents navigating these issues.
SIRA assesses care needs in CTP claims based on the actual time and effort required to assist with personal care, household tasks, and mobility. For someone with vision loss, this may include help with cooking, cleaning, medication management, shopping, and getting to medical appointments. The value of care is not based on the caregiver’s relationship to the injured person but on the documented time spent providing assistance. SIRA uses a standard care needs assessment process that considers the nature and duration of care, and whether it would otherwise be provided by a paid carer.
To support a claim for family-provided care, evidence must be collected and maintained from the time of the accident. Acceptable evidence includes:
- A detailed diary recording the date, time, and nature of each care activity (e.g., 10:00-11:30 am: assisted with medication and meal preparation).
- Written statements from family members outlining their role and the frequency of support.
- Medical reports confirming the extent of vision loss and its impact on daily functioning.
- Photographs or videos showing the person’s difficulty with tasks such as reading labels, using appliances, or moving safely in the home.
- Correspondence with healthcare providers, including rehabilitation specialists or occupational therapists, who may recommend ongoing assistance.
In Armidale, access to local support services such as Vision Australia, the Armidale Regional Council’s disability support programs, and local allied health providers can affect claim outcomes. These services may reduce the need for family care, but their absence or limited availability can strengthen a claim for family-based care. SIRA considers whether paid care was available, and if not, whether family members were reasonably expected to step in.
A common pitfall is assuming that informal care by a spouse, parent, or adult child automatically qualifies for compensation. This is not the case. The law requires that care be provided regularly and for a measurable duration. A one-off visit or occasional help does not meet the threshold. Also, claims for care must be made within the time limits set by the Motor Accident Injuries Act 2017. For claims made after 1 October 2017, the claim must be started within 3 years of the accident date.
Another issue arises when a person with vision loss is a primary caregiver for a dependent, such as a child or elderly parent. In such cases, the claim may include a separate assessment for loss of care, which compensates for the time spent caring for others that would otherwise be available for work or personal development. This is not automatic and requires evidence of the care role, the time commitment, and how the injury disrupted that responsibility.
A realistic example: A 42-year-old resident of Armidale was involved in a motor accident in February 2024. The accident resulted in permanent vision loss in one eye and reduced depth perception, affecting her ability to drive, read, and manage household tasks. Her husband, who works full-time, began assisting her daily with cooking, cleaning, and running errands. Over six months, he recorded 120 hours of care. He provided a signed statement, a diary, and a letter from her treating ophthalmologist confirming functional limitations. This evidence was submitted with her CTP claim and supported a valuation for family-provided care.
SIRA may review a claim if the care needs appear inconsistent with medical evidence or if the claimant has not maintained proper records. Disputes can arise when insurers challenge the duration or nature of care. In such cases, a review or formal dispute resolution process may be required.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.