Common Mistakes in Claiming Travel and Accommodation Costs
In rural and remote New South Wales, injured road users often face unique challenges when claiming travel and accommodation costs under the Compulsory Third Party (CTP) scheme. While the CTP scheme covers reasonable expenses for medical treatment, errors in documentation or understanding of eligibility can lead to claim disputes. This article explains the most common mistakes and how to avoid them.
NSW CTP Rules for Travel and Accommodation
Under the Motor Accident Injuries Act 2017, claimants are entitled to reimbursement for travel and overnight accommodation costs if the expenses are necessary for medical treatment. The New South Wales Motor Accident Claims Authority (SIRA) outlines that:
- Travel costs include transport to and from medical appointments, provided the journey is not routine. For example, a 200km trip for specialist treatment would qualify, but a daily commute to a local clinic would not.
- Accommodation costs cover overnight stays if travel to a medical facility requires overnight lodging. This applies even in remote areas where transport options are limited.
Key requirements include:
- The expense must be directly related to medical treatment.
- The cost must be reasonable and necessary for the treatment.
- Documentation must prove the necessity of the travel or accommodation.
Practical Steps to Avoid Claim Errors
To prevent disputes, claimants should:
Document Everything
Keep detailed records of all travel and accommodation expenses. This includes:
- Receipts for transport (e.g., bus tickets, taxi invoices, or fuel receipts for private vehicles).
- Medical records confirming the necessity of the travel (e.g., a doctor’s note stating that a specialist in a distant city is required).
- Accommodation invoices showing the cost of overnight stays.
In rural areas, limited transport options may make it harder to prove necessity. For example, if a claimant travels 500km by car to attend a specialist appointment, they must document the distance, the reason for the trip, and the cost of the journey.
Understand the 52-Week Limit
Under section 4.4 of the Motor Accident Injuries Act 2017, weekly benefits and treatment benefits are generally limited after 52 weeks if the injuries are only threshold injuries. This means that while travel and accommodation costs may still be claimable during this period, claimants must ensure their expenses are directly tied to medical treatment and not routine care.
Seek Clarification for Remote Areas
In areas with limited infrastructure, claimants may need to explain why alternative transport options were not viable. For example, if a claimant cannot travel by public transport due to lack of services, they must provide evidence of this limitation.
Time Limits and When to Seek Advice
CTP claims must be submitted within a reasonable time frame, although there is no strict statutory deadline. However, delays in documenting expenses or seeking clarification can lead to disputes. If a claimant is unsure whether their travel or accommodation costs qualify, they should contact SIRA or a legal professional promptly.
Example of a Common Mistake
Consider a claimant who travels 300km by car to attend a specialist appointment in a regional town. They keep a receipt for the fuel cost but fail to provide a medical note explaining why the specialist was necessary. In this case, the claim may be rejected because the necessity of the travel is not proven. Proper documentation would have included the specialist’s note confirming the requirement for the trip.
Next Steps
CTP entitlements depend on the specific circumstances of each claim. To ensure your travel and accommodation costs are covered, take care to document all expenses and seek advice if you are unsure about eligibility. Complete the quick, no obligation enquiry form to request contact about your circumstances.