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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a failure to give way accident in Ballina, you may be eligible to claim funding for treatment costs under NSW Compulsory Third Party (CTP) insurance. This article explains how treatment costs are funded, what evidence is needed, and practical steps to take. NSW CTP claims are governed by the Motor Accident Injuries Act 2017 and SIRA guidelines, which outline what injured parties can claim for medical treatment and other expenses.
How Treatment Costs Are Funded Under NSW CTP Claims
Under NSW CTP rules, treatment costs are funded through the injured person’s claim against the at-fault driver’s insurance. This includes medical bills, physiotherapy, and other treatment expenses. The Motor Accident Injuries Act 2017 specifies that treatment and care benefits are available for injuries resulting from a motor accident, regardless of fault. SIRA guidelines confirm that treatment costs are recoverable as part of a CTP claim, provided the injury meets the 'threshold injury' criteria.
Practical Steps and Evidence for Funding Treatment Costs
To claim treatment costs, you must provide evidence of:
- Medical records confirming treatment for injuries sustained in the accident
- Receipts or invoices for medical expenses
- A report from a medical practitioner detailing the treatment’s necessity
- Police or accident reports documenting the failure to give way incident
In Ballina, local medical practitioners and accident reports are critical. For example, if a driver ignored a give-way sign and collided with a pedestrian, medical records showing soft-tissue injuries (like whiplash) would support a claim. SIRA’s What You Can Claim page confirms that treatment costs are recoverable as long as the injury is not excluded under the Act.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to claim treatment benefits for threshold injuries. After this period, weekly benefits are generally limited unless the injury exceeds the threshold. If your treatment costs exceed 52 weeks or involve long-term care, you must notify SIRA within the statutory timeframe. Delays can reduce compensation, so seeking legal advice early is crucial. Disputes over treatment funding may require a review by SIRA or a tribunal.
Example: Funding Costs After a Failure to Give Way Accident
Consider a scenario where a driver fails to give way at a junction in Ballina, causing a collision with a cyclist. The cyclist sustains soft-tissue injuries requiring physiotherapy. Under CTP rules, the cyclist can claim funding for physiotherapy sessions, provided the injury meets the threshold criteria. SIRA guidelines confirm that such treatment costs are recoverable as part of the claim.
Next Steps for Claimants
If your treatment costs are not being funded or you face disputes, contact SIRA directly or seek legal advice. General information cannot determine whether a claim is available in your case. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.