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).
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).
In New South Wales, the Compulsory Third Party (CTP) scheme covers travel and accommodation costs for injured road users who require ongoing care. This includes expenses incurred by carers and family members to support the injured person's medical treatment. Under the Motor Accident Injuries Act 2017, eligible costs include:
- Medical travel costs: Expenses for travel to and from medical appointments, including public transport fares, taxi receipts, and carer travel time.
- Overnight accommodation: Costs for overnight stays at hospitals, rehabilitation centres, or other approved treatment facilities.
- Caregiver-related travel: Expenses incurred by carers to accompany the injured person to medical appointments or for essential care.
These costs are typically limited to the 52-week statutory benefit period unless the injury meets the threshold for long-term impairment. SIRA (State Insurance Regulatory Authority) oversees claims and determines eligibility based on medical evidence and the injured person's circumstances.
How to Document Travel and Accommodation Expenses for CTP Claims
Families seeking compensation must provide clear evidence of all travel and accommodation costs. Key documentation includes:
- Medical records: Confirming the need for travel (e.g., specialist appointments, therapy sessions).
- Receipts and invoices: For transport fares, accommodation bookings, and carer-related expenses.
- Accident reports: Including details of the incident that led to the injury.
- Witness statements: From family members or carers detailing the necessity of travel or overnight stays.
- Income records: To establish the injured person's financial needs and the impact of the injury on their ability to work.
SIRA requires all claims to be supported by contemporaneous records. Families should retain all documentation until the claim is resolved.
The Role of SIRA in Assessing Caregiver Costs in Western Sydney
SIRA evaluates claims based on the Motor Accident Guidelines, which define what constitutes a 'threshold injury' and the criteria for long-term impairment. In Western Sydney, carers may need to demonstrate:
- Medical necessity: That the travel or accommodation was essential for treatment.
- Financial impact: How the injury has affected the injured person's ability to work or manage daily tasks.
- Caregiver availability: Proof that family members or carers were required to take time off work or reduce their hours to provide care.
SIRA may also consider the location of medical facilities. For example, if a family in Western Sydney needs to travel to a specialist in Sydney CBD, the cost of transport will be assessed based on the distance and mode of travel.
Practical Steps for Families in Western Sydney
- Notify the at-fault driver's insurer immediately after the accident. Most CTP claims must be reported within 52 weeks of the incident.
- Seek medical attention promptly to document the injury and its impact on daily life.
- Keep a detailed diary of all travel and accommodation expenses, including dates, purposes, and costs.
- Consult a solicitor if the insurer disputes the claim or refuses to cover certain costs.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident. If the injured person requires ongoing care, claims can be extended beyond this period, but only if the injury meets the threshold for long-term impairment.
If the insurer rejects a claim, families can:
- Request a review through SIRA's internal dispute process.
- Seek independent legal advice to challenge the decision.
When to Seek Legal Advice
Families should consult a solicitor if:
- The insurer refuses to cover travel or accommodation costs.
- The injured person's condition worsens, requiring additional care.
- The claim is disputed or delayed.
Legal professionals can help families navigate SIRA's requirements and ensure they receive all entitled benefits.
Next Steps for Families in Western Sydney
Understanding what travel and accommodation costs are covered under NSW CTP claims is essential for families supporting injured loved ones. While the scheme provides important support, the process requires careful documentation and timely action.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.