Pillion passengers injured in motorcycle accidents in New South Wales may claim funding for medical treatment costs through the Compulsory Third Party (CTP) scheme. Under the Motor Accident Injuries Act 2017, treatment benefits cover expenses like physiotherapy, scans and specialist consultations. This article explains how to claim these funds, what evidence is needed and when to seek legal advice in Auburn.
What Treatment Costs Are Covered
The CTP scheme provides financial support for injuries caused by motor vehicle accidents. Pillion passengers are entitled to treatment benefits if they suffer a 'threshold injury' - defined as an injury requiring medical treatment. Soft tissue injuries, such as whiplash, and certain psychological injuries qualify under section 1.6 of the Motor Accident Injuries Act 2017.
Treatment costs must be 'reasonably necessary' and directly related to the accident. For example, a pillion passenger requiring physiotherapy after a collision would be eligible for weekly payments covering the cost of treatment. The insurer must approve the treatment plan before payments commence.
What Evidence Is Needed
To claim treatment funding, pillion passengers must:
- Obtain medical documentation from a registered medical practitioner
- Provide an accident report from the police or insurer
- Submit receipts for approved treatments
- Complete a 'Medical Certificate of Injury' form
In Auburn, claimants should contact the at-fault driver's insurer directly. If the driver is uninsured or untraced, the claim may fall under the 'Nominal Defendant' scheme, which covers treatment costs regardless of fault.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident date, unless the injury was not immediately apparent. For example, a pillion passenger injured in a collision on 1 January 2025 must file a claim by 30 June 2025. If the claim is disputed, the insurer may request an independent medical opinion under the Motor Accident Guidelines.
Disputes over treatment funding are resolved through the NSW Civil and Administrative Tribunal (NCAT). Claimants should seek legal advice if the insurer refuses to cover necessary treatments or disputes the injury's severity.
When to Seek Legal Advice
While many pillion passengers can manage claims through the insurer, legal assistance is recommended if:
- The injury involves complex treatment (e.g., spinal surgery)
- The claimant is unsure about the 'reasonably necessary' threshold
- The insurer disputes the injury's connection to the accident
A solicitor can help ensure all evidence is submitted correctly and navigate SIRA's requirements. Legal advice is also crucial if the claimant is facing a dispute over the 52-week time limit.
Next Steps
CTP treatment claims depend on the accident date, injury type and evidence submitted. To request contact about your circumstances, complete the quick, no obligation enquiry form.