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 NSW motor accidents may be eligible for Compulsory Third Party (CTP) compensation through the State Insurance Regulatory Authority (SIRA). This article explains how SIRA interprets the rules for non-residents making claims in Bankstown, focusing on eligibility, documentation, and time limits under NSW law.
How SIRA Defines Eligibility for Overseas Visitors
SIRA outlines that overseas visitors must be present in NSW at the time of the accident to qualify for CTP claims. This includes tourists, temporary visa holders, and individuals with a valid visa. The visitor must also be a resident of a country other than Australia. SIRA clarifies that the claimant’s residency status is determined by their visa type and duration of stay. For example, a tourist with a 90-day visa who was in NSW at the time of the accident would generally meet the criteria.
Key Steps for Overseas Visitors to Make a CTP Claim
- Seek immediate medical attention: Document all injuries and treatment, as medical records are critical evidence.
- Report the accident: Notify the at-fault driver’s insurer or SIRA within 28 days to avoid missing time limits.
- Gather evidence: Collect details of the accident, including police reports, witness statements, and photographs of the scene.
- Provide proof of residency: Submit visa documentation, travel records, and evidence of being in NSW at the time of the accident.
- Submit a claim: Complete SIRA’s claim form, available online or via their Bankstown office. Claims must include a completed claim form, medical evidence, and proof of residency.
How SIRA’s Guidance Differs for Overseas Visitors
SIRA’s rules for overseas visitors differ from local residents in two key areas: visa requirements and time limits. While local residents must have been living in NSW for at least 12 months to claim benefits under the Motor Accident Injuries Act 2017, overseas visitors are not subject to this residency test. However, overseas visitors must file claims within 28 days of the accident, whereas local residents have 52 weeks. Additionally, SIRA requires overseas visitors to provide evidence of their visa status and proof of being in NSW at the time of the accident.
Time Limits and Documentation for Overseas Visitor Claims
Overseas visitors have 28 days to report an accident to the at-fault driver’s insurer or SIRA. Failure to meet this deadline may result in the claim being denied. Documentation must include:
- A completed SIRA claim form.
- Medical records confirming injuries.
- Proof of visa status and residency in NSW.
- Evidence of being present in NSW at the time of the accident (e.g., travel documents, accommodation receipts).
- Witness statements or accident reports where applicable.
When to Seek Legal Advice
Overseas visitors should consult a solicitor if their claim is denied, if they face disputes over residency or visa status, or if they need assistance navigating SIRA’s process. Legal advice is particularly important when there are disputes about the accident’s circumstances or if the claimant’s visa status is unclear.
Example: A Hypothetical Scenario
Consider a tourist from the UK who was in Bankstown on a 3-month tourist visa. They were injured in a car accident on 1 October 2025. They reported the accident to SIRA within 28 days, provided their visa documents, and submitted medical records. SIRA processed the claim under the CTP scheme, as the visitor met the residency and presence requirements. This example illustrates how SIRA applies its rules to overseas visitors.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.