How Treatment Costs Are Funded After a Car Park Accident in NSW
If you were injured in a motor vehicle accident in a car park, driveway, or private access way on the Illawarra or South Coast, you may be entitled to have your treatment costs funded under the NSW Compulsory Third Party (CTP) insurance scheme. This includes medical treatment, allied health services, and rehabilitation, regardless of who was at fault. The funding is provided by the CTP insurer of the vehicle that caused the accident, or the insurer of the vehicle you were in if it was at fault. This applies whether the accident occurred on public roads, private property, or in a shopping centre car park.
What the Law Says About Treatment Funding
Under the Motor Accident Injuries Act 2017, you are entitled to treatment and care benefits if you were injured in a motor accident, including those that occur in car parks and private access areas. The law does not exclude these locations. The key factor is whether the vehicle was being used in a way that constitutes a motor vehicle accident under the Act. This includes low-speed collisions, such as those that occur when reversing into another vehicle or when a vehicle moves slowly in a car park.
SIRA, the NSW regulator of CTP insurance, confirms that treatment and care benefits are available for injuries sustained in any motor accident, including those on private property, if the vehicle was being used for transport or travel. This means that if you were injured in a car park in Wollongong, Kiama, Nowra, or any other location on the Illawarra or South Coast, you may be eligible for funding.
What Treatment Costs Are Covered
CTP insurers must fund reasonable and necessary treatment and care for injuries resulting from a motor accident. This includes:
- Medical consultations with a general practitioner or specialist
- Physiotherapy, osteopathy, or chiropractic treatment
- Psychological support, such as counselling
- Diagnostic imaging, like MRI or X-ray
- Medications prescribed for accident-related injuries
- Rehabilitation services, including exercise programs and mobility aids
The insurer must approve treatment before it is provided, and you must obtain a treatment plan from a medical practitioner. The treatment must be directly related to the accident and not for pre-existing conditions unless they were aggravated by the accident.
Evidence That Supports a Claim for Treatment Funding
To access treatment funding, you will need to provide evidence that supports your claim. This includes:
- A medical certificate from a registered medical practitioner confirming the injury and its link to the accident
- A treatment plan outlining the type, frequency, and duration of treatment
- Photographic evidence of vehicle damage, if available
- A statement from a witness, if there was a third party present
- A police report, if one was filed
- Details of the accident, including time, date, location, and weather conditions
If the accident occurred in a car park, it may be helpful to obtain a copy of the car park’s security camera footage, if available. Some shopping centres and regional facilities on the Illawarra and South Coast have surveillance systems that may capture the incident.
Time Limits and Procedural Requirements
You must notify your CTP insurer of the accident and your intention to claim treatment funding as soon as possible. While there is no strict deadline for notifying the insurer, delays may affect the approval of treatment, particularly if the insurer claims that the injury was not related to the accident.
If you were injured in a car park accident on the Illawarra or South Coast, you should begin treatment within a reasonable time. Delays in seeking treatment may be used by an insurer to challenge the connection between the injury and the accident.
How CTP Insurers Assess Treatment Requests
CTP insurers assess treatment requests based on the Motor Accident Injuries Act 2017 and the Motor Accident Injuries (Treatment and Care) Guidelines. The insurer will review the treatment plan and medical evidence to determine whether the treatment is reasonable, necessary, and directly related to the accident.
Insurers may require a second opinion or a report from an independent medical practitioner if they believe the treatment is not justified. In regional areas like the Illawarra and South Coast, access to specialists may be limited, so insurers may need to assess whether alternative treatment options are available.
If the insurer refuses to fund a treatment, you may request a review. If the review is not successful, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination.
A Realistic Example
A 45-year-old woman was reversing her car in a car park in Wollongong when she collided with a stationary vehicle. She experienced neck and back pain immediately after the accident. She visited her GP the next day, who diagnosed a soft tissue injury and referred her to a physiotherapist. The GP provided a treatment plan and a certificate confirming the injury was related to the accident. The CTP insurer approved the physiotherapy treatment and funded the sessions. The woman received treatment over a 12-week period and was able to return to work.
When to Seek Independent Advice
If you are unsure whether your treatment is covered, or if your CTP insurer has refused to fund a service, it is advisable to seek independent legal or claims advice. This is particularly relevant in regional areas where access to medical specialists and legal support may be limited.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.