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).
Under NSW's Compulsory Third Party (CTP) scheme, injured road users in regional areas may claim travel and accommodation costs related to medical treatment. This guide explains what expenses are covered, how to document them, and the steps to take after an accident. SIRA administers the scheme, and claims must be submitted promptly to ensure eligibility.
What Travel and Accommodation Costs Are Covered?
SIRA covers reasonable travel and overnight accommodation expenses incurred to attend medical appointments or treatment for injuries caused by a motor vehicle accident. This includes:
- Transportation costs (e.g., taxi fares, bus tickets) for attending medical appointments
- Overnight stays at hotels or motels when treatment requires overnight stays
- Travel costs for family members accompanying injured road users
The NSW Motor Accident Injuries Act 2017 (s 4.4) specifies that these costs are payable as part of the CTP scheme, provided they are directly related to treatment. SIRA provides detailed guidelines on what constitutes a reasonable expense.
Practical Steps for Regional Injured Road Users
In regional NSW, where legal resources may be limited, injured road users should take these steps immediately after an accident:
- Document all travel and accommodation expenses with receipts, invoices, and records of payment.
- Keep medical records showing the need for travel, including appointment dates, treatment plans, and any correspondence with healthcare providers.
- Notify your insurer as soon as possible. SIRA requires claims to be submitted within 52 weeks of the accident, though this period may vary depending on the injury type.
- Record the accident details with photos, witness information, and a written account of the incident.
For example, a cyclist injured in a regional car park who needs to travel 200km for specialist treatment would need to document the travel cost, medical reports confirming the necessity of the trip, and any correspondence with the insurer.
How SIRA Handles Claims in Regional Areas
SIRA processes claims regardless of location, but regional road users may face challenges accessing legal advice. Key considerations include:
- Time limits: Claims must be submitted within 52 weeks of the accident, though this may be extended for complex cases.
- Dispute resolution: If a claim is denied, injured road users can request a review through SIRA or seek legal assistance. SIRA's guidelines state that disputes are resolved based on the evidence provided.
- Limited legal resources: In regional areas, injured road users may need to contact legal aid or community legal centers for guidance on submitting claims.
When to Seek Legal Advice
While SIRA provides resources for self-claiming, legal advice is recommended if:
- The injury involves long-term treatment or rehabilitation
- There are disputes over the reasonableness of travel/accommodation costs
- The claimant needs assistance navigating SIRA's application process
Legal professionals can help ensure all documentation meets SIRA's requirements and that time limits are adhered to.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.