Vision loss after a motor accident in NSW
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).
A vision loss injury resulting from a motor accident in New South Wales may significantly affect a person’s ability to live independently, work, and participate in daily activities. For families in Bathurst, this can mean a shift in roles, with family members taking on caregiving responsibilities. Under the NSW Compulsory Third Party (CTP) insurance scheme, individuals who suffer vision loss due to a motor accident may be eligible for financial support to cover treatment, care, and loss of income. The scheme recognises that family members may provide essential care, and in some cases, the cost of that care may be considered in a claim.
How the CTP scheme supports family care
The CTP scheme under the Motor Accident Injuries Act 2017 allows for claims related to care and support needs, including those provided by family members. If a person’s vision loss results in a need for assistance with daily tasks such as personal care, household management, or travel, and that assistance is provided by a family member, the claim may include a component for care and support. This does not mean the family member receives direct payment for their time, but the value of that care may be assessed and included in a claim for damages or benefits, depending on the nature and duration of the care.
The value of care provided by a family member is determined under the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines. These set out how care needs are assessed, including the number of hours per week required, the level of skill involved, and whether the care is provided by a family member or a professional. For example, if a family member spends 10 hours per week assisting a person with vision loss to manage medication, prepare meals, and attend medical appointments, that time may be assessed as part of the claim for care and support.
What evidence supports a family care claim?
To establish a claim for family care, the injured person must provide evidence that care is needed and that it is being provided. Relevant evidence includes:
- Medical reports from treating practitioners confirming the extent of vision loss and its impact on daily functioning.
- A care needs assessment completed by a qualified professional, such as an occupational therapist or rehabilitation specialist.
- A written statement from the family member detailing the hours spent on care tasks, the nature of the assistance, and how it supports the injured person’s independence.
- Records of any formal or informal arrangements made to support the injured person, such as transport logs, medication schedules, or household task lists.
In Bathurst, families may also contact local support services such as the Bathurst Community Health Centre or the NSW Department of Ageing, Disability and Home Care (DADHC) for assistance in documenting care needs. These services may provide assessments that can be used in a CTP claim.
Time limits and claim eligibility
A claim for motor accident injuries in NSW must generally be made within three years of the accident date. For a vision loss claim, this time limit applies regardless of when symptoms first appear or when the full impact of the injury becomes clear. The claim must be made through the insurer of the vehicle at fault, or through the Nominal Defendant if the at-fault vehicle is not insured.
If the vision loss is classified as a threshold injury under the Motor Accident Injuries Act 2017, the injured person may still be eligible for treatment and care benefits, and weekly income payments, but will not be able to claim damages unless they meet the threshold test. The threshold test requires that the injury causes a permanent impairment of at least 10% of the whole person, and that it results in a significant and permanent impact on daily life. A vision loss injury may meet this test if it causes long-term or permanent functional limitations.
When to seek independent advice
Managing a CTP claim involving vision loss and family care needs can be complex. The assessment of care needs, the valuation of family-provided care, and the distinction between statutory benefits and damages claims all require careful attention. Families in Bathurst should consider seeking independent legal advice if:
- The insurer disputes the need for care or the value of care provided by a family member.
- The injured person has a pre-existing condition that may affect the claim.
- The family is uncertain about how to document care hours or obtain a formal assessment.
SIRA provides guidance on making a claim, including how to report care needs and what documentation to submit. However, the claim process involves legal and procedural steps that may not be fully understood without professional assistance.
A realistic example
A 42-year-old resident of Bathurst was involved in a motor accident in June 2024. The accident caused permanent vision loss in one eye, with ongoing difficulty reading, driving, and navigating public spaces. The injured person’s spouse, who works part-time, began assisting with household tasks, medication management, and transport to medical appointments. Over six months, the spouse provided approximately 12 hours per week of care.
The injured person submitted a claim through their insurer. The claim included a care needs assessment from an occupational therapist, a statement from the spouse detailing hours and tasks, and medical evidence of the vision loss. The insurer accepted the claim and included a component for care and support based on the assessed hours and level of assistance.
Next steps for families in Bathurst
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.