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).
Overseas visitors injured in a motor accident in New South Wales may be eligible to claim treatment costs under the NSW Compulsory Third Party (CTP) scheme, provided they meet specific legal criteria. This article explains how overseas visitors can access funding for medical treatment in Bankstown, the evidence required, and key considerations under the Motor Accident Injuries Act 2017.
Can overseas visitors claim treatment costs under NSW CTP laws?
Yes, overseas visitors may claim treatment costs under the NSW CTP scheme, but residency status does not automatically qualify them. The scheme covers eligible injuries regardless of the claimant’s residency, but the claimant must be a 'person entitled to claim' under the Motor Accident Injuries Act 2017. This typically includes individuals who are residents of NSW, have a permanent or temporary visa, or are temporarily in NSW for work, study, or family reasons.
Overseas visitors must also demonstrate that the injury occurred in NSW and that the treatment was necessary as a result of the accident. SIRA (State Insurance Regulatory Authority) confirms that temporary visa holders are eligible to claim treatment costs if they meet the same criteria as local residents.
Evidence required for funding treatment costs in Bankstown
To support a claim for treatment costs, overseas visitors must provide:
- Medical records showing the injury and treatment received.
- Accident details including date, location (Bankstown), and circumstances.
- Proof of residency such as a visa, work permit, or temporary residency documentation.
- Receipts or invoices for medical treatment, medications, and related expenses.
- Witness statements or accident reports where available.
SIRA emphasizes that all evidence must be in English or accompanied by an official translation. Medical practitioners must also comply with the Motor Accident Guidelines to ensure treatment costs are eligible.
How SIRA’s CTP guidelines apply to overseas visitors
SIRA’s guidelines state that treatment costs are payable for injuries meeting the 'threshold injury' definition under the Motor Accident Injuries Act 2017. This includes soft tissue injuries with neurological signs, such as spinal nerve-root injuries, as outlined in the Motor Accident Guidelines.
For overseas visitors, the key distinction is whether the injury qualifies as a 'threshold injury' under the Act. If the injury does not meet this threshold, the claimant may not be eligible for weekly benefits but could still claim treatment costs. SIRA also notes that the 52-week limit for weekly benefits applies only if the injury is a threshold injury.
Special considerations for overseas visitors
Overseas visitors must notify the at-fault driver’s insurer within 52 weeks of the accident to claim treatment costs. Delays beyond this period may result in the claim being denied. Additionally, the claimant must ensure that all medical treatment is documented and that the injury is assessed against the Motor Accident Guidelines.
If the injury is not a threshold injury, the claimant may still seek funding for treatment costs through the CTP scheme, provided the injury is directly related to the accident. However, the claimant must also consider whether the injury meets the 'whole person impairment' threshold for additional compensation.
Time limits and when to seek advice
The 52-week time limit for weekly benefits applies to threshold injuries, but overseas visitors must still act promptly to claim treatment costs. If the claimant is unsure whether their injury qualifies, they should seek legal advice before the 52-week period expires.
Disputes over injury severity or treatment costs may require mediation through SIRA or legal representation. It is essential to consult a legal professional if the claimant is unsure about their eligibility or the application of the Motor Accident Guidelines.
Practical example
Consider a tourist from the United Kingdom injured in a car accident in Bankstown. The claimant has a temporary visa and requires surgery for a soft tissue injury. Under the CTP scheme, the claimant may be eligible for treatment costs if the injury meets the threshold injury definition. However, if the injury does not meet the threshold, the claimant may still seek funding for treatment costs through the CTP scheme.
Next steps
Overseas visitors in Bankstown who have been injured in a motor accident should act quickly to gather evidence and notify the insurer. While the CTP scheme provides a pathway for treatment costs, the claimant must ensure their injury meets the legal criteria. For personalized advice, complete the quick, no obligation enquiry form to request contact about your circumstances.