Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Cyclists involved in dooring incidents in Bega NSW may be eligible to claim funding for treatment costs under the NSW Compulsory Third Party (CTP) scheme. This article explains how the scheme covers medical expenses, what evidence is needed, and practical steps to take after a door opens into a cyclist's path.
How the NSW CTP Scheme Funds Treatment Costs
Under the Motor Accident Injuries Act 2017, the CTP scheme covers treatment costs for injuries caused by motor vehicles. For cyclist dooring incidents, this includes medical bills, physiotherapy, and other treatments. The Scheme for the Injured Road (SIRA) administers these claims, and its guidelines specify that treatment costs must be directly related to the accident.
Eligible expenses typically include:
- Medical records confirming treatment
- Receipts for hospital visits or specialist consultations
- Costs of prescribed medications
- Rehabilitation or therapy sessions
SIRA’s guidelines state that treatment must be 'reasonably necessary' and 'directly related' to the injury. For example, if a cyclist sustains a soft tissue injury (like a bruise or strain) from a door collision, physiotherapy costs would be covered. However, unrelated treatments, such as dental work, are not funded.
Practical Steps After a Cyclist Dooring Incident
After a door opens into your path, take these steps to claim treatment costs:
- Seek immediate medical attention and document all treatment. A doctor’s note confirming the injury’s connection to the accident is critical.
- Preserve evidence of the incident, including:
- Police reports or accident statements
- Witness contact details
- Photographs of the vehicle door and injury
- Vehicle registration or insurance details
- Contact the at-fault driver’s insurer through SIRA’s claims portal. Most insurers have a dedicated process for CTP claims.
If the injury meets the 'threshold injury' definition under the Motor Accident Guidelines (e.g., a spinal nerve-root injury with neurological signs), treatment costs are typically covered for 52 weeks. After this period, benefits may be limited unless the injury meets a higher impairment threshold.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident date, unless an extension is granted. Delays can jeopardize coverage for treatment costs. If the insurer disputes the claim, you may:
- Request a review by SIRA’s claims team
- Seek independent medical assessment
- Consult a solicitor for dispute resolution
When to Seek Legal Advice
While many claims are resolved through SIRA, complex cases, such as disputes over injury severity or treatment necessity, may require legal assistance. A solicitor can help verify whether your injury meets the threshold for ongoing benefits or if you qualify for additional compensation.
Example: Funding a Cyclist’s Physiotherapy Costs
Consider a cyclist who collides with a car door and requires six weeks of physiotherapy. Under the CTP scheme, the insurer would cover the cost of sessions if:
- The physiotherapist documents the injury as directly related to the door collision
- The treatment is deemed 'reasonably necessary' under SIRA guidelines
- The claim is submitted within 52 weeks of the incident
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.