How are treatment costs funded in fatal CTP claims under NSW law?
In New South Wales, the Compulsory Third Party (CTP) scheme provides funding for treatment costs following a fatal motor accident. Under the Motor Accident Injuries Act 2017, dependants of the deceased may claim benefits to cover medical treatment, therapy, and other care costs. This applies regardless of where the accident occurred in NSW, including Western Sydney.
Key CTP rules for fatal motor accidents
The CTP scheme covers treatment costs for dependants of a deceased person if the accident meets the legal definition of a 'motor accident'. This includes injuries sustained by the deceased or dependants before or after death. Funding is available for:
- Medical treatment (e.g., hospital visits, specialist care)
- Rehabilitation services
- Ongoing care needs
SIRA (State Insurance Regulatory Authority) guidelines state that dependants must demonstrate a direct link between the accident and their treatment costs. For example, a family member requiring ongoing therapy after a fatal accident may be eligible for funding.
Practical steps and evidence to support claims
To claim treatment costs, you must:
- Gather medical records confirming the treatment's necessity
- Provide evidence of the accident (e.g., police reports, witness statements)
- Submit a claim to the at-fault driver's insurer
- Include documentation of treatment costs (e.g., invoices, receipts)
For fatal claims, the deceased's dependants must also prove their relationship and the impact of the accident on their treatment needs. This may involve providing evidence of the deceased's medical history or the dependant's pre-existing conditions.
Time limits and when to seek advice
While the 52-week statutory benefit period applies to threshold injuries, fatal claims are treated differently. Funding for ongoing treatment costs is available beyond 52 weeks if the dependant's needs persist. However, time limits may apply to certain benefits, such as weekly income payments.
If you're unsure about your eligibility or the process, seek advice from a legal professional or SIRA. Regional considerations in Western Sydney may affect claim processing times, so contacting the local SIRA office is recommended.
Example: Funding therapy for a family after a fatal accident
Consider a scenario where a family member dies in a car crash. Their surviving spouse requires ongoing psychological therapy to cope with grief. Under the CTP scheme, the spouse may claim funding for therapy sessions directly linked to the accident. The claim must include medical evidence connecting the therapy to the accident.
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.