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' Compulsory Third Party (CTP) scheme, injured parties may claim travel and accommodation costs related to medical treatment and rehabilitation. These costs are funded through the Motor Accident Injuries Act 2017 (MAIA) and administered by the State Insurance Regulatory Authority (SIRA). This article explains what expenses are covered, how they are funded, and what evidence is needed to claim them.
What Travel and Accommodation Costs Are Covered?
CTP covers reasonable travel and overnight accommodation costs for treatment and rehabilitation if they are necessary for medical care. This includes:
- Transport to and from treatment appointments (e.g., taxi, bus, train)
- Overnight stays at a hospital, rehabilitation facility, or approved accommodation
- Meals during overnight stays
- Travel for specialist consultations or diagnostic tests
These costs are limited to what is reasonably required for treatment. For example, a person needing regular physiotherapy sessions may claim transport costs, but not discretionary travel.
How Are These Costs Funded?
CTP claims are funded through the Motor Accident Injuries Act 2017. Under this scheme:
- Travel costs are reimbursed at a rate set by SIRA, typically based on public transport fares
- Overnight accommodation is paid at standard hotel rates for the duration of treatment
- Claims must be submitted to SIRA with supporting documentation
Funding is available for treatment and rehabilitation that is medically necessary. For instance, a cyclist with a spinal injury requiring specialist care may claim travel costs to see a neurologist.
What Evidence Is Required?
To claim travel and accommodation costs, claimants must provide:
- Medical records confirming the need for treatment
- Proof of travel expenses (e.g., receipts, taxi invoices, train tickets)
- Evidence of overnight stays (e.g., hotel bills, accommodation confirmations)
- A treatment plan from a medical practitioner
Claimants should keep all documentation until the claim is resolved. For example, a pedestrian needing surgery may need to show a doctor's note confirming the necessity of travel for follow-up appointments.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for certain benefits. However, travel and accommodation costs for ongoing rehabilitation may be claimed beyond this period if treatment continues. If a claim is disputed, parties can request a review through SIRA or the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Advice
Claimants should seek legal advice if:
- They are unsure whether their expenses qualify
- Their claim is delayed or rejected
- They need help negotiating with insurers
Independent legal advice can help ensure all eligible costs are claimed. For example, a claimant with complex rehabilitation needs may need assistance proving the necessity of travel for specialist care.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.