Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims

2

The claimant, Jeffrey Forrest, sustained injuries to his neck, shoulder, arm, and hand following a rear-end car collision in 2020. His recovery was compounded by a diagnosis of post-traumatic stress disorder. Last September, he sought to include the expenses incurred from employing a dog walking service in his claim for statutory benefits from QBE, the compulsory third-party insurer. At that point, Forrest had accrued approximately $800 in dog walking fees.

Initially, QBE covered some of the dog walking expenses, paying $39.95 per session. However, they later rejected further claims, stating that after Forrest’s recovery from surgery in March, such expenses were neither "reasonable nor necessary." QBE contended that dog walking did not constitute treatment or typical care, making it ineligible under the "attendant care services" category.

In a decisive move, commission member Belinda Cassidy ruled that dog walking indeed fits the scope of attendant care services, which aim to assist with everyday tasks. She explained that such services encompass personal assistance, nursing, home maintenance, and domestic tasks. She clarified that "everyday" does not imply daily occurrence, establishing that dog walking is an intrinsic part of Forrest's domestic life for which he may need support.

The insurer, QBE, argued there was no proof that Forrest was responsible for dog walking duties before the accident. Ms Cassidy acknowledged this might influence a separate evaluation of the costs’ reasonableness. However, she highlighted the possibility that Forrest's family, particularly his wife, might lack the time now due to new responsibilities, thereby necessitating such services.

The decision has been sent back to the commission for further medical assessments to conclusively determine if the dog walking expenses are reasonable and necessary, along with a review of associated costs.

Published:Thursday, 3rd Jul 2025
Source: Paige Estritori

Share this news item:

Insurance News

Clear

AFCA Rejects Traveller's Insurer Claim for Alternative Flight Costs 25 Jul 2025: Paige Estritori An Australian travel insurance policyholder faced disappointment as the Australian Financial Complaints Authority (AFCA) denied their claim for reimbursement of costs incurred due to changing travel plans amid threats of a pilot strike. The traveller, who rearranged his flights from Sydney to Vancouver and subsequently to Toronto, had hoped his insurer, AIG Australia, would cover the $5,576 expenses for the rebooked flights and additional accommodation. - read more

Fee Models Emerge as Solution to Cyclone Insurance Affordability Concerns 25 Jul 2025: Paige Estritori The affordability of cyclone insurance in Australia’s high-risk zones remains a pressing issue, prompting some brokers to shift towards fee-based models. This change is highlighted in the latest annual review of the cyclone reinsurance pool from the Australian Competition and Consumer Commission (ACCC). - read more

Homeowner's Storm Damage Claim Denied; Faulty Construction Cited 24 Jul 2025: Paige Estritori A homeowner's attempt to secure a storm damage insurance payout has been thwarted after an investigation revealed that the damage was due to poor maintenance and faulty construction, rather than extreme weather conditions. The initial claim attributed the damage on the property's western wall and roof eaves to significant rainfall, citing a substantial 141mm in July, with a notable record of 43.6mm in a single day. - read more

NSW Workers’ Compensation Scheme Faces Major Overhaul Amid Underinsurance Issues 23 Jul 2025: Paige Estritori The New South Wales State Insurance Regulatory Authority (SIRA) has identified critical issues of underinsurance and employer non-compliance within the icare workers’ compensation scheme. A recent review highlighted that over $60 million in premiums were not collected due to missing wage declarations, with about 75% of employers audited showing non-compliance responsible for an additional $24.5 million in unpaid premiums. - read more

Insurer Prevails in Vehicle Value Dispute 23 Jul 2025: Paige Estritori In a recent ruling by the Australian Financial Complaints Authority (AFCA), a protest from a car owner against her insurer, RAC Insurance, regarding the reduction of her vehicle's agreed value has been dismissed. The case arose after the complainant made a total loss claim following an accident in October, only to discover that her vehicle's value had been adjusted down to $29,700 from a previous total of $40,000. - read more