Time Limits for CTP Travel and Accommodation Claims in Rural NSW
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 New South Wales law, claims for travel and accommodation costs under the Compulsory Third Party (CTP) scheme must be made within 52 weeks of the accident. This applies to all claimants, including those in rural and remote areas. The 52-week period is a statutory deadline set by the Motor Accident Injuries Act 2017, which governs CTP claims. If a claimant fails to submit their travel and accommodation expenses within this timeframe, they may lose the right to seek reimbursement for those specific costs.
How Rural and Remote Locations Affect CTP Claims
While the 52-week time limit applies uniformly across NSW, rural and remote claimants may face unique challenges. For example, accessing medical treatment in remote areas often requires longer travel times, which can delay the submission of claims. Additionally, claimants in these areas may need to arrange alternative transport or overnight stays, increasing the complexity of documenting expenses. SIRA guidelines emphasize that claimants must provide evidence of the necessity of travel and accommodation, such as medical reports or receipts, to support their claim.
Practical Steps for Claiming Travel and Accommodation Costs
To ensure a claim is processed, claimants should:
- Submit a claim form to the at-fault driver’s insurer within 52 weeks of the accident.
- Keep detailed records of all travel and accommodation expenses, including receipts, medical reports, and transport invoices.
- Provide evidence of the necessity of travel, such as a doctor’s note confirming the need for treatment in a distant location.
- Notify the insurer of any changes to their circumstances, such as additional medical appointments or travel requirements.
Disputes and When to Seek Advice
If an insurer rejects a claim for travel or accommodation costs, the claimant may need to dispute the decision. SIRA’s guidelines state that claimants should first request a review of the insurer’s decision in writing. If the dispute persists, they may need to seek legal advice to challenge the insurer’s interpretation of the CTP scheme.
A Hypothetical Example
Consider a claimant in a remote NSW town who requires specialist treatment in Sydney. The claimant travels by car for the appointment, incurs accommodation costs, and needs transport back. Under the CTP scheme, the claimant must submit a claim for these expenses within 52 weeks of the accident. If the claimant delays submitting the claim due to logistical challenges, the insurer may refuse payment, even if the travel was necessary.
Next Steps
Time limits and procedural requirements can significantly impact the success of a CTP claim. If you are in a rural or remote area and have questions about your travel or accommodation expenses, it is important to act promptly. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.