What travel and accommodation costs are covered under NSW CTP claims?
Under the Motor Accident Injuries Act 2017, a person who has suffered injury in a motor accident may be entitled to claim reasonable travel and accommodation expenses incurred to access medical treatment. These costs are considered part of the treatment and care benefits available under the Compulsory Third Party (CTP) scheme. The travel must be directly related to receiving treatment for injuries arising from the accident, and the accommodation must be necessary because the treatment is located a distance from the claimant’s home. Examples include travel to a specialist clinic, rehabilitation centre, or hospital for ongoing care. The claimant must demonstrate that the travel was not avoidable and that the accommodation was required for a stay of at least one night, such as when a patient must remain overnight for treatment or recovery.
How are travel and accommodation disputes resolved under NSW CTP law?
If a CTP insurer denies a claim for travel or accommodation costs, or offers a lesser amount than the claimant believes is reasonable, the claimant may seek resolution through formal dispute resolution processes. The primary mechanism is an internal review with the insurer. The claimant must provide a written request for review within 28 days of receiving the insurer’s decision. The insurer is required to reconsider the claim within 21 days and must notify the claimant of the outcome in writing. If the insurer upholds the original decision, the claimant may then apply to the Personal Injury Commission (PIC) for a review. The PIC is the independent body established under the Motor Accident Injuries Act 2017 to resolve disputes about CTP claims, including those involving travel and accommodation.
What dispute resolution options are available across NSW?
The Personal Injury Commission is the main forum for resolving disputes about travel and accommodation costs in CTP claims across NSW. The PIC offers several pathways depending on the nature of the dispute. For disputes about the reasonableness or necessity of travel or accommodation, the PIC may conduct a review of the evidence, including medical reports, travel itineraries, receipts, and accommodation booking confirmations. The claimant may also request a medical assessment if the insurer disputes the medical need for travel. The PIC has the authority to determine whether the costs are reasonable and necessary under the Motor Accident Injuries Act 2017 and to order the insurer to pay the approved amount. In cases involving a disagreement about the medical necessity of travel, the PIC may refer the matter to a medical practitioner for an independent assessment.
Practical steps and evidence that usually matter
To support a claim for travel and accommodation, the claimant should collect and preserve the following evidence: copies of travel receipts (including transport tickets, fuel logs, or ride-share records); accommodation invoices showing the date of stay, location, and cost; a medical practitioner’s written statement confirming the need for travel to a specific treatment provider; and a record of the distance between the claimant’s home and the treatment location. A letter from the treatment provider confirming the scheduled appointment and the necessity of travel may also be useful. If the claimant was required to travel for a medical assessment, a copy of the appointment confirmation and a note from the medical team explaining the purpose of the visit can strengthen the claim. The claimant should also keep a record of all correspondence with the insurer, including emails and letters, to demonstrate the timeline of the dispute.
Time limits and when to seek advice
There are time limits for disputing travel and accommodation costs under the CTP scheme. A claim for review must be made within 28 days of receiving the insurer’s decision. If the claimant does not apply to the PIC within this timeframe, they may lose the right to challenge the decision. The PIC may allow a late application if there is a reasonable explanation for the delay, but this is not guaranteed. The insurer may still maintain its position, and the PIC will make a determination based on the evidence provided. If the PIC upholds the insurer’s decision, the claimant may seek further review through the NSW Civil and Administrative Tribunal (NCAT), but only in limited circumstances and subject to a separate application process.
Hypothetical example: A claim for travel to a specialist rehabilitation clinic
A 45-year-old woman was injured in a motor vehicle accident in Sydney in August 2026. She required ongoing physiotherapy at a specialist rehabilitation centre located in Wollongong, 90 kilometres from her home. She travelled twice a week for six weeks and stayed overnight on three occasions to attend intensive sessions. The insurer initially approved travel costs but denied the accommodation expenses, stating they were not necessary. The claimant provided a letter from the clinic confirming that overnight stays were required for recovery and to ensure she could attend the full treatment session. She also submitted receipts for three hotel stays and a travel log. She requested an internal review, which was denied. She then applied to the Personal Injury Commission, which reviewed the evidence and ordered the insurer to pay the approved accommodation costs. The Commission found that the travel and accommodation were reasonable and necessary under the Motor Accident Injuries Act 2017.
When to seek independent advice
Disputes about travel and accommodation costs can be complex, particularly when medical necessity is in question or when the insurer challenges the reasonableness of the expenses. It is advisable to seek independent advice before initiating a formal dispute. A legal practitioner with experience in CTP claims can help assess whether the evidence supports the claim, advise on the appropriate dispute pathway, and assist in preparing a submission to the PIC. The claimant should not alter or fabricate records to support the claim. Instead, they should ensure all original documents are retained and submitted in a clear, organised format. The PIC will not consider claims that rely on incomplete or misleading evidence.
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