Claiming Travel and Accommodation Costs After a Motor Accident in NSW
If you incurred travel or accommodation expenses because of a motor accident in New South Wales, you may be able to claim these costs under the Compulsory Third Party (CTP) insurance scheme. These claims are governed by the Motor Accident Injuries Act 2017 (MAIA), which allows for reasonable and necessary travel and accommodation expenses related to medical treatment for injuries sustained in the accident. However, a strict 3-year time limit applies from the date of the accident.
Legal Framework for CTP Travel and Accommodation Claims
Under the Motor Accident Injuries Act 2017 (MAIA), travel and accommodation costs are part of the treatment and care benefits available to injured persons. These benefits cover reasonable and necessary expenses incurred to access medical treatment, including travel to and from medical appointments, diagnostic tests, or rehabilitation services. Accommodation costs may be claimed if an overnight stay is medically required and not provided at the treatment facility.
The MAIA replaced the Motor Accidents Compensation Act 1999 (MACA) on 1 December 2017. Claims arising from accidents on or after that date are subject to the MAIA framework. For accidents before 1 December 2017, the MACA framework may apply, but only if the claim was not resolved under the new scheme.
Time Limits for Making a Claim
You must make a claim for travel and accommodation costs within 3 years of the motor accident date. This 3-year limitation period is set out in the MAIA and applies to all claims for benefits, including treatment and care benefits. The time limit begins on the date of the accident, regardless of when symptoms first appeared or when treatment commenced.
Failure to submit a claim within 3 years generally means you lose the right to claim under the CTP scheme. There are no automatic exceptions for delayed diagnosis, ongoing recovery, or administrative delays. The law does not allow for extensions to this deadline, except in rare cases where a court grants leave to proceed after the time limit due to exceptional circumstances.
What Expenses Are Covered and What Evidence Is Required
To claim travel and accommodation costs, you must show that the expenses were reasonable and necessary for medical treatment. This includes:
- Travel costs for attending medical appointments, diagnostic tests, or rehabilitation sessions.
- Reasonable accommodation costs for overnight stays if treatment is located far from home and return is not possible on the same day.
You must provide documentary evidence for all claims. This includes original receipts, travel itineraries, booking confirmations, and a letter or certificate from your medical practitioner confirming the medical need for travel to a specialist, diagnostic service, or rehabilitation program. Evidence of the distance travelled and the purpose of the journey may also be required.
Important Limitations on CTP Benefits
Under the MAIA, if a person’s only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks. This applies to all treatment and care benefits, including travel and accommodation costs, where the injury is classified as a threshold injury under the Act.
A threshold injury is defined in the MAIA as a soft tissue injury, including a spinal nerve-root injury that produces neurological signs other than radiculopathy. Radiculopathy requires specified clinical signs under the Motor Accident Injuries Guidelines. This means that if your only injuries are threshold injuries, and you have been receiving benefits for 52 weeks, further travel and accommodation claims may not be supported.
Practical Steps to Protect Your Claim
To ensure your claim is not barred by the 3-year deadline, begin documenting expenses as soon as they occur. Keep all original receipts, travel confirmations, and medical certificates. Do not delay claim submission until treatment is complete, as this increases the risk of missing the deadline.
If you have incurred travel or accommodation expenses but are uncertain about eligibility or the deadline, seek advice from a qualified professional. The law is complex, and decisions about documentation, eligibility, and time limits must be made carefully.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.