What changed for travel and accommodation claims after 2017?
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
The 2017 reforms to NSW’s Compulsory Third Party (CTP) scheme significantly altered how travel and accommodation costs are handled. Previously, all motor accident injuries were eligible for treatment and care benefits. Now, only injuries meeting the threshold injury definition under the Motor Accident Injuries Act 2017 qualify. This means travel and accommodation expenses are no longer automatically covered unless the injury meets specific medical criteria.
What travel and accommodation costs are covered?
Under the revised scheme, you may claim travel and accommodation expenses if your injury meets the threshold injury definition. This includes:
- Medical travel costs: Expenses for travel to and from medical appointments, including public transport fares, taxi receipts, or car parking.
- Overnight stays: Costs for overnight accommodation if treatment requires overnight stays, such as specialist consultations or overnight rehabilitation.
- Specialist travel: Travel to see a specialist or for diagnostic tests.
The NSW government’s SIRA guidelines clarify that these expenses must be directly related to your treatment and not for convenience. For example, a claimant in Albury needing travel to a specialist in Sydney would be eligible, but travel for a non-urgent appointment may not be.
How to prove your claim?
To substantiate your travel and accommodation costs, you must provide:
- Medical records: Confirming the injury meets the threshold injury definition.
- Receipts and invoices: For travel and accommodation expenses.
- Accident report: Including details of the incident and any injuries.
- Witness statements: If available, to support the necessity of travel.
SIRA’s What you can claim page provides a checklist of required documentation. Note that claims must be submitted within the statutory time limits, which vary depending on the injury type.
Time limits and disputes
Claims for threshold injuries must be submitted within five years of the accident date. For non-threshold injuries, the time limit is three years. Delays can jeopardize your ability to claim.
Disputes over travel and accommodation costs are resolved by SIRA’s dispute resolution process. If your claim is rejected, you may request a review or escalate to the NSW Civil and Administrative Tribunal (NCAT). It’s crucial to act promptly and seek legal advice if your claim is contested.
When to seek help?
If your injury is below the threshold, you may not be eligible for travel and accommodation benefits. Always consult SIRA’s Making a motor accident claim guide to confirm your entitlements. For complex cases, legal advice ensures you understand your options under the revised scheme.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.