Common Mistakes in Claiming Travel and Accommodation Costs
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 expenses for injured claimants, but errors often lead to claim rejections. Regional claimants must understand specific requirements to avoid pitfalls. Key mistakes include failing to document the necessity of travel, not submitting receipts, and missing deadlines. SIRA (State Insurance Regulatory Authority) assesses claims based on medical necessity, so evidence must clearly link expenses to treatment.
NSW CTP Rules for Travel and Accommodation Claims
Under the Motor Accident Injuries Act 2017, claimants can seek reimbursement for travel and overnight accommodation costs if medically necessary. SIRA's guidelines state that expenses must be 'reasonably incurred' and directly related to treatment. For regional areas, higher transportation costs are acceptable, but claimants must provide evidence of necessity. For example, a claimant must show that travel was required for specialist consultations not available locally.
Practical Steps and Critical Documentation
To avoid rejection, claimants must submit detailed records. Key evidence includes:
- Medical records confirming treatment dates and locations
- Receipts for travel (e.g., taxi fares, train tickets) and accommodation
- A letter from a medical practitioner explaining why travel was necessary
- Proof of income loss if travel impacted work
SIRA advises claimants to keep all documentation in a single file. A common error is not linking travel expenses to specific treatment dates. For instance, a claimant who travels for a follow-up appointment must provide evidence that the trip was essential for that visit.
Time Limits and Dispute Resolution
Claimants must notify their insurer within 52 weeks of the accident, as per the Motor Accident Injuries Act 2017 s 4.4. Delays beyond this period may result in lost entitlements. If a claim is disputed, claimants can request a review through SIRA's internal process. It's crucial to act promptly, as SIRA typically resolves disputes within 28 days of submission.
When to Seek Legal Advice
Complex cases, such as those involving multiple injuries or disputes over medical necessity, often require legal assistance. A solicitor can help navigate SIRA's requirements and ensure all documentation meets legal standards. For example, a claimant with a spinal injury requiring frequent regional specialist visits may need legal support to prove the necessity of travel.
Real-World Example
Consider a claimant in regional NSW who travels weekly for physiotherapy. They fail to submit receipts for all trips and only provide a general note from their doctor. SIRA rejects the claim, citing insufficient evidence. This highlights the importance of thorough documentation and direct links between travel and treatment.
Next Steps
CTP claims involving travel and accommodation require careful attention to SIRA's specific requirements. Regional claimants must ensure all evidence clearly demonstrates medical necessity and proper documentation. If you're unsure about your claim's validity or need assistance with documentation, complete the quick, no obligation enquiry form to request contact about your circumstances.