If you were injured in a motor accident caused by a driver who was intoxicated, you may be entitled to treatment and rehabilitation support through the Compulsory Third Party (CTP) insurance scheme in New South Wales. This support is available regardless of who was at fault, and it applies across regional areas including the Illawarra and South Coast. The scheme is administered by the State Insurance Regulatory Authority (SIRA), which oversees how treatment and rehabilitation plans are developed and funded for eligible claimants.
Under the Motor Accident Injuries Act 2017, you are entitled to treatment and care benefits if your injuries result from a motor accident. These benefits cover medical treatment, rehabilitation services, and support to help you recover and return to daily activities. For victims of drunk driver accidents, the process begins by notifying your insurer or the CTP insurer of the at-fault driver. The insurer will then assess your injury and determine what treatment and rehabilitation services are appropriate.
SIRA’s guidelines require that treatment and rehabilitation plans be developed in consultation with your medical practitioners and rehabilitation professionals. The plan must be individualised, evidence-based, and focused on your recovery goals. On the Illawarra and South Coast, access to specialist services may vary, so the insurer must consider geographic and logistical factors when arranging care. This includes arranging transport for appointments, ensuring services are available in regional centres, and coordinating with local health providers.
To support your claim and ensure a comprehensive rehabilitation plan, you should gather and preserve the following evidence: a formal medical report detailing your injuries and prognosis; a record of all treatment received; photographs of the accident scene and vehicle damage; a police report if one was filed; and contact details for any witnesses. If the driver was found to be over the legal alcohol limit, this fact may be relevant to your claim, particularly if you are pursuing damages later.
Rehabilitation planning under CTP must be reviewed periodically. If your recovery is not progressing as expected, or if your condition changes, you may request a review of your plan. The insurer is required to respond within a reasonable time and may need to consult with your treating medical practitioners to adjust the plan. You have the right to request a copy of your treatment and rehabilitation plan at any time.
There are time limits that apply. You must notify your insurer of your claim within three years of the accident date. While you can still apply for treatment and care benefits after that period in limited circumstances, it is best to act promptly. If your claim is denied or you disagree with the insurer’s assessment of your rehabilitation needs, you may request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination.
A hypothetical example: A pedestrian in Wollongong was struck by a car driven by a person with a blood alcohol concentration over the legal limit. The pedestrian sustained a fractured wrist and soft tissue injuries to the neck. The CTP insurer approved a treatment plan including physiotherapy, pain management, and a referral to a specialist for ongoing assessment. The plan was adjusted after six weeks when the medical team reported limited improvement, and additional psychological support was added due to trauma symptoms.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.