Funding Treatment Costs in Fatal Motor Accident Claims
If a fatal motor accident has occurred in Bathurst, NSW, dependants of the deceased may be eligible for funding to cover medical treatment costs under the NSW Compulsory Third Party (CTP) scheme. This article explains how treatment costs are funded in fatal claims, the relevant SIRA guidelines, and how this differs from non-fatal claims.
How Funding Works for Fatal Claims
Under the Motor Accident Injuries Act 2017, the CTP scheme covers treatment costs for dependants of deceased victims. This includes medical care for injuries sustained before death, as well as treatment for dependants who suffer psychological trauma from the accident.
Key features of funding for fatal claims include:
- Dependants' treatment costs: Expenses for medical treatment, therapy, or rehabilitation for dependants who were injured before death.
- Psychological support: Funding for mental health treatment for dependants affected by the accident.
- No fault requirement: Funding is available regardless of who caused the accident, as CTP is a no-fault scheme.
SIRA Guidelines for Bathurst NSW
SIRA provides authoritative guidance on funding treatment costs for fatal claims. According to SIRA's What you can claim page, dependants may claim:
- Medical treatment for injuries sustained before death.
- Psychological treatment for trauma-related injuries.
- Rehabilitation services to restore mobility or function.
SIRA also outlines that funding is subject to the same 52-week statutory benefit rules as non-fatal claims. After 52 weeks, weekly benefits for treatment costs are generally limited unless the injury meets the threshold for long-term impairment.
Differences from Non-Fatal Claims
Funding for fatal claims differs from non-fatal claims in three key ways:
- Claimant identity: Non-fatal claims are funded for the injured person, while fatal claims are funded for dependants.
- Injury timing: Treatment costs for fatal claims must relate to injuries sustained before death, not injuries caused by the accident itself.
- Psychological claims: Dependants may claim for psychological injuries, such as post-traumatic stress disorder (PTSD), even if no physical injury occurred.
Practical Steps for Funding Treatment Costs
To secure funding for treatment costs after a fatal motor accident in Bathurst, claimants should:
- Document medical evidence: Obtain records of all treatment received by dependants, including psychological care.
- Preserve accident details: Gather police reports, witness statements, and photographs of the accident scene.
- Notify the insurer: Contact the at-fault driver's CTP insurer to initiate the claim process.
- Submit a formal claim: Use SIRA's online claim form or contact their Bathurst office for assistance.
Time Limits and Dispute Resolution
Claimants must submit a CTP claim within 52 weeks of the accident to access statutory benefits. After this period, funding for treatment costs is limited unless the injury meets the threshold for long-term impairment. If a claim is disputed, claimants can:
- Request a review: Submit a written objection to the insurer's decision.
- Seek independent advice: Consult a solicitor specialising in CTP claims to challenge the decision.
Example Scenario
Consider a case where a cyclist in Bathurst is killed in a collision with a car. The cyclist's spouse, who suffered a broken leg before death, requires ongoing physiotherapy. Under the CTP scheme, the spouse is entitled to funding for treatment costs, including physiotherapy sessions and medical equipment. The spouse's PTSD from the accident is also eligible for psychological treatment funding.
When to Seek Legal Advice
While SIRA provides clear guidelines, claimants should seek legal advice if:
- The insurer denies a claim for treatment costs.
- The claimant is unsure whether their injuries qualify for funding.
- The accident involved complex circumstances, such as multiple vehicles or unclear fault.
Next Steps
Funding treatment costs after a fatal motor accident in Bathurst depends on the specific circumstances of the claim. To request contact about your circumstances, complete the quick, no obligation enquiry form.