If you've been injured in a collision with an uninsured driver in New South Wales, you may still be eligible for funding to cover your treatment costs through the Compulsory Third Party (CTP) scheme. This article explains how victims of uninsured driver accidents can access funding for medical expenses, the SIRA guidelines that apply, and the steps you need to take to claim treatment costs in Greater Sydney.
How Funding Works for Uninsured Driver Accidents
Under the Motor Accident Injuries Act 2017, the CTP scheme covers injuries caused by motor vehicles, regardless of whether the at-fault driver has valid CTP cover. When a driver is uninsured, the CTP insurer (usually the state’s Nominal Defendant) still funds eligible treatment costs under the scheme. This includes medical bills, physiotherapy, and other necessary care.
SIRA (State Insurance Regulatory Authority) oversees the CTP scheme and provides guidelines on what costs are covered. For example, treatment costs must be directly related to the accident and approved by a medical practitioner. The insurer will typically pay for treatment until the claim is resolved, but time limits and benefit caps may apply depending on the injury type.
Practical Steps to Access Funding
To claim treatment costs after an uninsured driver accident, you must:
- Notify the CTP insurer (usually the Nominal Defendant) within 52 weeks of the accident.
- Provide medical records confirming your injuries are related to the accident.
- Submit a claim form through SIRA’s online portal or by post.
- Cooperate with the insurer’s assessment of your treatment needs.
Evidence such as medical reports, accident details, and witness statements are critical. If you’re unsure whether your costs qualify, contact SIRA directly for clarification.
Time Limits and Dispute Options
You have 52 weeks from the accident date to notify the CTP insurer of your claim. If you fail to meet this deadline, you may lose the right to claim weekly benefits or treatment funding. However, exceptions can be made in exceptional circumstances, such as illness or unforeseen delays.
If the insurer disputes your claim, you can request a review through SIRA or seek independent medical advice. In some cases, a legal professional may help challenge a decision, but this is not always necessary.
Example of Funding in Action
Consider a pedestrian injured in a hit-and-run accident in Sydney. The at-fault driver had no CTP cover, but the CTP insurer still covers the victim’s treatment costs. The injured person submits medical records showing a fractured wrist and a doctor’s note confirming the injury relates to the accident. SIRA approves the claim, and the insurer pays for physiotherapy and medical bills until the claim is resolved.
When to Seek Advice
While many claims are resolved through SIRA, complex cases, such as disputes over injury severity or funding delays, may require legal assistance. Always keep copies of all correspondence with the insurer and seek advice if you’re unsure whether your claim meets the criteria.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.