Under NSW's Compulsory Third Party (CTP) scheme, treatment costs for injuries in partial fault motor accidents are funded based on fault apportionment. If you were injured in a crash where both parties contributed to the incident, you may still claim treatment expenses, but the amount depends on how fault is divided. This article explains how SIRA's guidelines apply to treatment funding in partial fault claims and outlines practical steps for residents of Ashfield.
How Partial Fault Affects Treatment Funding
NSW CTP rules allow injured parties to claim treatment costs even when fault is shared. Under the Motor Accident Injuries Act 2017, the injured person's claim is funded by the at-fault party's insurer, but the amount depends on the proportion of fault assigned. For example, if you are 30% at fault and the other party is 70% at fault, your treatment funding will reflect this split.
SIRA's guidelines state that treatment costs include medical bills, physiotherapy, and other necessary care. However, the 52-week statutory benefit limit applies to weekly income payments, not directly to treatment expenses. This means you can claim treatment costs beyond 52 weeks if they are essential for recovery.
Practical Steps for Funding Treatment Costs
To ensure treatment costs are funded under a partial fault claim, take these steps: *
- Seek immediate medical attention*
- Document all treatment records, as they are critical evidence.
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- Preserve accident details*
- Gather witness statements, photos, and police reports to establish fault.
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- Notify your insurer*
- Inform your CTP insurer about treatment needs and submit claims promptly.
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- Keep receipts and invoices*
- All medical expenses must be itemised and supported by documentation.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if you are seeking weekly income benefits. However, treatment cost claims can be made at any time, provided they are directly related to the injury. If your insurer disputes the claim, you may need to: *
- Request a review*
- SIRA provides a formal process for disputing decisions.
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- Seek independent medical advice*
- A second opinion can support your claim.
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- Consult a legal professional*
- A solicitor can help navigate disputes and ensure compliance with CTP rules.
When to Seek Legal Advice
Partial fault claims can be complex, especially when determining how fault is calculated. If your treatment costs are being disputed or if you are unsure about your entitlements, it is advisable to seek legal guidance. A solicitor can help you understand how fault apportionment affects your funding and ensure all claims are submitted correctly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.