What travel and accommodation costs are covered under NSW CTP claims?
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).
In New South Wales, the Compulsory Third Party (CTP) scheme covers travel and accommodation costs for caregivers and families of injured claimants, but only under specific conditions. These costs are limited to medical-related travel and overnight stays required for treatment. For example, if a caregiver needs to travel to a specialist appointment or stay overnight for a medical procedure, these expenses may be eligible for reimbursement.
The Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, and the New South Wales Motor Accident Claims Authority (SIRA) provides detailed guidance on what is covered. Under the scheme, travel costs include bus, train, taxi, or car expenses, while accommodation costs cover hotel stays, boarding houses, or other overnight lodging. However, these costs must be directly related to the injured person’s medical treatment and not for personal convenience.
How are travel and accommodation costs assessed in CTP claims for caregivers?
CTP claims assess travel and accommodation costs based on the injured person’s medical needs and the caregiver’s role. SIRA requires claimants to provide evidence such as medical records, receipts, and a statement explaining the necessity of the travel. For example, if a caregiver travels 50km to attend a specialist appointment, the cost of a taxi or train ticket may be reimbursed.
Accommodation costs are evaluated based on the number of nights spent overnight and the type of lodging. SIRA typically covers reasonable expenses, such as a hotel stay for a caregiver accompanying an injured person to a medical facility. However, the claimant must demonstrate that the accommodation was essential for the injured person’s care.
Practical considerations for caregivers and families
Caregivers and families should document all travel and accommodation expenses with receipts and records. They must also ensure that the travel is directly related to the injured person’s medical treatment. For instance, a caregiver cannot claim travel costs for a family outing unless it is medically necessary.
Most benefits, including travel and accommodation costs, are generally limited to 52 weeks after the accident unless the injured person has a whole person impairment (WPI) of 10% or more. This means that claims for these costs must be submitted within this timeframe.
When to seek legal advice
Disputes over travel and accommodation costs may arise if the insurer denies a claim. In such cases, caregivers and families should consider seeking legal advice to challenge the decision. A legal professional can help ensure that all eligible costs are claimed and that the claimant’s rights under the MAIA are upheld.
Caregivers and families in NSW can claim travel and accommodation costs under the CTP scheme, but these costs must be directly related to the injured person’s medical treatment. Proper documentation and adherence to time limits are essential. For personalized advice, complete the quick, no obligation enquiry form.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.