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When pet care becomes essential care: a landmark win for injured people in NSW

When someone is seriously injured in a motor vehicle accident, life doesn’t exactly pause. Everyday responsibilities still need to be met, and that includes caring for the pets many of us see as family. This week, the NSW Supreme Court recognised that reality in a decision that has set an important precedent for injured people across the state.

A client in hospital, and three cats needing care.

Our client was badly hurt in a car accident, suffering significant physical and psychological injuries. While he was recovering in hospital, he simply couldn’t look after his three cats: Joli, Moli and Holi. All he asked for was five weeks of basic pet care: food, water and clean litter.

The relevant insurer, NRMA, refused. Their view was that pets are a “hobby”, and that the NSW CTP scheme wasn’t designed to cover their care.

But as anyone who has ever loved an animal knows, pets aren’t hobbies. They’re part of our homes, our routines, our families, and our emotional lives. And for someone lying in a hospital bed through no fault of their own, the thought of leaving their pets without basic care is stress-inducing and ultimately unthinkable.

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The Commission agreed, and now so has the Supreme Court.

The Personal Injury Commission (PIC) initially ruled that pet care can fall within “treatment and care” under the Motor Accident Injuries Act 2017 when it’s causally related to the accident, and when the services are reasonable and necessary.

But the NRMA appealed that decision all the way to the Supreme Court.

Today, the Court confirmed the PIC was right. This means that when an injured person can’t care for a household pet because of accident-related injuries, the cost of that care may be covered under the CTP scheme.

It’s a ruling that reflects modern life. Pets are family. Caring for them is a basic domestic task, just like cleaning, cooking or maintaining the home. And for many people, it’s essential to their wellbeing and peace of mind.

An important win for our client and for injured people across NSW.

For our client, this outcome meant one less worry at an incredibly traumatic time in his life Knowing his cats were fed and safe made a genuine difference in his recovery.

For the wider community, this decision provides clarity, fairness and humanity. It recognises that injury affects every corner of a person’s life, and that includes the animals they love.

Huge credit goes to our Senior Associate at Law Partners, Sarah Starnovsky, whose passion for both her clients and what matters most to them, including their pets, helped drive this case to a successful conclusion.

At Law Partners, we’ll always take matters as far as needed to protect and support our clients and those they love. Furry family members included.


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