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

Life Insurers Reevaluate Amid Rising Mental Health Claims 16 Jul 2025: Paige Estritori In a growing industry concern, the Council of Australian Life Insurers has highlighted an alarming increase in mental health-related claims, which are now the leading cause of total and permanent disability (TPD) claims. The rise has driven insurers to reconsider their current practices and strategies to address this trend. - read more

QBE Highlights the Importance of Adequate Landlord Insurance 15 Jul 2025: Paige Estritori Landlords in Australia have been advised by QBE Insurance Group to reassess their insurance coverage, following survey findings that indicate many could encounter financial hardships if their rental operations are interrupted. According to QBE's data, 38% of landlords might face financial challenges should their properties become uninhabitable or rental payments cease for a duration of two to six weeks. - read more

Court Denies E-Scooter Negligence Allegation Against City Council 14 Jul 2025: Paige Estritori An Australian court recently ruled in favour of the City of Joondalup, rejecting a negligence claim lodged by an injured e-scooter rider. The Western Australia District Court found the city not liable for an accident involving insurance broker Kirstin Leibbrandt, who collided with a fence post while riding an e-scooter in the Perth suburb of Hillarys. - read more

Mental Health Surpasses Other Causes in TPD Claims, Doubling Payouts Over Five Years 14 Jul 2025: Paige Estritori Recent findings from the Council of Australian Life Insurers (CALI) reveal that mental health issues have become the primary cause of Total and Permanent Disability (TPD) claims. Insurers disbursed nearly twice the amount for such claims in 2024 compared to five years prior. This data originates from the CALI and KPMG's Cause of Claims Results Report, highlighting a significant shift in the nature of insurance claims. - read more

Impact of Trump Tariffs on Global Insurance Industry 11 Jul 2025: Paige Estritori According to Swiss Re’s latest Sigma report, the growth of property and casualty premiums is moderating in both Australia and globally. This moderation is primarily driven by a slowdown in rate hikes. Additionally, the Trump administration's America First trade policy is putting further pressure on the insurance sector. - read more