How Treatment Costs Are Funded After a U-turn Collision in NSW
If you sustained injuries in a motor vehicle accident involving an illegal or unsafe U-turn in Greater Sydney, you may be entitled to have your treatment costs funded under the NSW Compulsory Third Party (CTP) insurance scheme. This funding is available regardless of who was at fault, provided the accident occurred on a public road and involved a motor vehicle registered in NSW. The scheme is administered by the State Insurance Regulatory Authority (SIRA) and operates under the Motor Accident Injuries Act 2017. Funding covers medical and allied health treatment directly related to injuries from the accident, including physiotherapy, chiropractic care, psychological support and specialist consultations.
What Treatment Costs Are Covered
Under the CTP scheme, treatment and care benefits cover the reasonable and necessary costs of treatment for injuries sustained in a motor accident. This includes services provided by medical practitioners, physiotherapists, psychologists, and other allied health professionals. For injuries resulting from a U-turn collision, the same rules apply as for any other motor vehicle accident. The treatment must be directly related to the accident and must be recommended by a qualified health professional. Funding is not limited to a specific type of injury, but the treatment must be clinically justified and documented. Common treatments following U-turn collisions include spinal assessments, imaging (such as MRI or CT scans), pain management, and rehabilitation programs.
How SIRA Determines Funding for Treatment
SIRA does not assess claims on a case-by-case basis for every treatment request. Instead, funding is determined through a structured process. After reporting the accident to your insurer or the CTP insurer of the vehicle involved, you must obtain a treatment plan from a medical practitioner. This plan must detail the nature of the injury, the proposed treatment, and its expected duration. The insurer will assess whether the treatment is reasonable and necessary under the Motor Accident Injuries Regulation 2017. If approved, the insurer will fund the treatment directly or reimburse you for out-of-pocket expenses. The insurer may request supporting medical evidence, including diagnostic reports, progress notes, and treatment records, to verify the claim.
Practical Steps and Evidence That Matter
To secure funding for treatment costs, you should take the following steps as soon as possible:
- Seek medical attention immediately after the accident, even if injuries are not immediately apparent.
- Report the accident to the police if it involved a U-turn that was deemed illegal or dangerous, as a police report may support the claim.
- Obtain a written treatment plan from a medical practitioner, including a diagnosis and recommended treatment.
- Preserve all records: medical reports, receipts for treatment, correspondence with insurers, and photographs of the accident scene or vehicle damage.
- Notify your insurer or the CTP insurer of the vehicle involved within a reasonable time, although there is no strict deadline for reporting a claim.
A hypothetical example: A pedestrian in Sydney’s inner west was struck by a car making an illegal U-turn across a busy intersection. The driver was found to have been distracted and failed to yield. The pedestrian sustained a minor spinal injury and required six weeks of physiotherapy. The treatment was approved under the CTP scheme because it was medically necessary and directly linked to the accident.
Time Limits and Dispute Options
There is no fixed time limit for commencing a claim for treatment and care benefits, but delays may affect the insurer’s ability to investigate and approve funding. If a claim is denied, you may request a review from the insurer or apply to the Civil and Administrative Tribunal (NCAT) for a determination. You must notify the insurer in writing of your intention to dispute a decision. The insurer must respond within 28 days. If unresolved, you may seek a formal review through NCAT, which has jurisdiction to assess whether treatment was reasonable and necessary.
When to Seek Independent Advice
While the CTP scheme covers treatment costs for injuries from U-turn collisions, the process can be complex, especially if the insurer disputes the need for treatment or the cost of services. You may benefit from independent legal advice if:
- The insurer refuses to fund treatment without a clear explanation.
- The treatment plan is not approved despite medical evidence.
- You are unsure whether a treatment is eligible under the scheme.
- You have ongoing injuries that require long-term care.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.