If you are an overseas visitor injured in a motor accident in New South Wales, you may be entitled to compensation through the Compulsory Third Party (CTP) insurance scheme. This includes access to medical assessments in Bankstown, which are a key part of establishing your claim. The process is governed by the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). Your entitlement to benefits such as treatment and care, weekly income payments, or damages depends on the nature and severity of your injuries, and whether they meet the legal thresholds for compensation.
The CTP scheme in NSW provides statutory benefits regardless of fault, but entitlements are subject to specific rules. If you are not a permanent resident, you may still make a claim if the accident occurred in NSW and you were injured while lawfully present in the state. However, your claim will be assessed under the same legal framework as for Australian residents. This includes the requirement to demonstrate that your injuries are not minor, and that they have caused a loss of income, a need for treatment, or a permanent impairment.
Medical assessments are a formal part of the CTP claim process. These assessments are conducted by independent medical practitioners approved by SIRA. They are used to determine the nature and extent of your injuries, assess your capacity for work, and establish whether you have a whole person impairment (WPI) that may qualify for damages. For overseas visitors, it is essential to attend all scheduled assessments in Bankstown or another approved location, as failure to do so may affect your claim.
To prepare for your medical assessment, you should gather and bring the following documentation:
- A copy of your motor accident report, if available
- Medical records from all treating practitioners, including diagnosis, treatment plans, and progress notes
- A letter from your treating doctor confirming your injury, ongoing symptoms, and impact on daily activities
- Evidence of any loss of income, such as a letter from your employer or a payslip
- A record of travel and accommodation expenses related to medical treatment
- Your visa details and proof of legal presence in NSW
SIRA’s guidelines state that medical assessments must be conducted by qualified specialists, often in the field of musculoskeletal or neurological injury. If you are assessed in Bankstown, the appointment will be arranged through your insurer or the CTP claims administrator. You are not required to pay for the assessment, and it is not a private consultation. The doctor will not provide treatment, but will report their findings to SIRA and your insurer.
A common point of confusion for overseas visitors is whether they can claim damages. Under the Motor Accident Injuries Act 2017, damages are only available if your injury is classified as a threshold injury. This includes injuries such as a spinal nerve-root injury with neurological signs (other than radiculopathy), or a permanent impairment of 10% or more. If your only injuries are minor (such as soft tissue injuries without specified neurological signs), you may not be eligible for damages, and your benefits may be limited after 52 weeks.
You must notify your insurer and begin the claim process within three years of the accident date. While you may not have a permanent address in NSW, you are still required to provide contact details and respond to correspondence. Delays in notifying your insurer may affect your entitlement to benefits.
If you are unsure about the process, or if your assessment results are disputed, you may request a review. SIRA provides a formal process for challenging a medical assessment, but this must be done within 28 days of receiving the report. You may also seek advice from an independent legal or financial adviser, but you are not required to have one to proceed.
Example: An overseas visitor from the UK was injured in a car accident in Bankstown in July 2024. They were treated for a whiplash injury and later diagnosed with a spinal nerve-root injury showing neurological signs. After attending a SIRA-approved medical assessment in Bankstown, they were assessed with a 12% WPI. This qualified them for damages under the threshold injury provisions. They submitted all required documentation, including a medical report and travel records, and were granted compensation for treatment, lost income, and pain and suffering.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.