Who pays after a crash in New South Wales
Road injury claims in New South Wales go through NSW CTP scheme under the Motor Accident Injuries Act 2017, regulated by SIRA. It is a hybrid scheme: statutory benefits are paid for up to 52 weeks regardless of fault, then continue only if you were not mostly at fault and your injury is not a “threshold injury” (soft tissue or minor psychological injury).
What to do and when
Lodge the application for personal injury benefits with the at-fault vehicle’s CTP insurer (or the Nominal Defendant for unidentified or unregistered vehicles) within 28 days to get benefits backdated, and within 3 months in any case. A common law damages claim must be made within 3 years.
What you can claim
Lump sum damages are only available if your injury is non-threshold and someone else was at fault. Damages for pain and suffering need more than 10% whole-person impairment. Treatment and care stay as statutory benefits rather than lump sums.
Beyond that, claims cover past and future loss of income, medical and rehabilitation costs, care, travel and equipment. Lifetime Care and Support covers catastrophic injuries regardless of fault. Since April 2023 insurers have 9 months to decide the threshold injury question and claimants no longer wait 20 months to make a common law claim.
Passengers, pedestrians, cyclists and motorcyclists
You do not need to have been driving, or to hold insurance yourself, to claim. Passengers, pedestrians and riders injured by a negligent driver claim against that driver’s policy, and schemes that pay no-fault benefits cover them too.
If the driver was unregistered or drove off
Every state has a nominal defendant or equivalent that stands in for an unidentified or uninsured vehicle. These claims have shorter notice periods, so report the crash to police straight away and get advice early.
What you can claim
- Medical, hospital, ambulance and rehabilitation costs, past and future
- Lost wages and lost future earning capacity, including superannuation
- Pain, suffering and loss of enjoyment of life, where the state threshold is met
- Care provided by family or paid carers, and domestic help
- Travel to treatment, equipment, and home or vehicle modifications
Evidence to keep
Claims are won on what can be proved. Keep:
- Police report number and the other driver’s details
- Photos of the scene, vehicles and your injuries
- Dashcam and CCTV, which is often overwritten within weeks
- Names of witnesses
- Every medical visit from day one, including GP notes
- Pay slips and a record of days missed
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Sydney who handles car accident matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I have to report the crash?
Yes. A police report is a practical requirement for every CTP claim, and in most states a legal one where anyone is injured. Report it the same day if you can.
Can I claim if I was a passenger?
Yes. Passengers claim against the at-fault driver’s policy, including where the driver of the car they were in was the one at fault.
What if I was partly at fault?
In fault-based states your damages are reduced in proportion to your share of the blame, but not lost. No-fault schemes pay statutory benefits regardless.
What if the other driver was uninsured or drove off?
Every state has a nominal defendant or equivalent that stands in for unidentified or unregistered vehicles. Notice periods for these claims are shorter.
How long do I have in New South Wales?
Lodge the application for personal injury benefits with the at-fault vehicle’s CTP insurer (or the Nominal Defendant for unidentified or unregistered vehicles) within 28 days to get benefits backdated, and within 3 months in any case. A common law damages claim must be made within 3 years.
What is my claim worth?
Lump sum damages are only available if your injury is non-threshold and someone else was at fault. Damages for pain and suffering need more than 10% whole-person impairment. Treatment and care stay as statutory benefits rather than lump sums.
In more detail
Full guide to car accident claims in New South Wales
Have you been involved in a no-fault motor vehicle accident in Sydney or anywhere else in New South Wales? If so, our car accident lawyers can help you make a successful risk free claim for compensation.
Please note: You are viewing content for NSW. If your MVA took place in QLD or VIC, WA or ACT you may not have the same rights.
Claiming compensation for your motor vehicle accident
In New South Wales victims of road accidents may be able to access compensation through the Compulsory Third Party (CTP) insurance scheme. If you've been injured in a car or motor vehicle accident for which you were not at fault you may be able to claim compensation for costs associated with:
- medical treatment and rehabilitation
- lost income
- domestic assistance
- pain and suffering
- legal costs
- and more
If you believe you were at fault for the accident in which you suffered an injury you may be eligible for a payment of upto $5000 to cover any medical and loss of income within the first 6 months after your accident.
We are here to help you make a successful compensation claim. Our highly motivated car accident lawyers in Sydney and NSW have the local knowledge and experience needed to make sure you get the compensation you deserve for you or your loved one.
Did your accident happen travelling to or from work?
How our car accident lawyers can help
The law surrounding car accident compensation can be extremely complex, however, our specialists are well versed when it comes to navigating the compulsory third party insurance scheme so you'll be in good hands.
Some of the things you can expect when you instruct us to find you a solicitor include:
- Free and immediate legal advice tailored to your situation
- your matter to be handled quickly and efficiently
- arrange all the necessary medical assessments
- maximum compensation
Your lawyer will be with you every step of the way and do everything in their power to achieve a successful outcome
To start your claim or just find out where you stand, please call us on 1800 106 107. Our advice is free and comes with no obligations so if you don’t feel ready to start proceedings yet that’s absolutely fine.
What types of motor accident claims do we handle?
Millner and Knights experts representing clients in Sydney and greater New South Wales specialise in all types of road accident injury claims.
Car accident compensation
Our handpicked panel of car accident lawyers have helped New South Wales accident victims recover millions of dollars in compensation for their injuries. We can also help you get back on the road with an accident replacement vehicle if you are unable to drive yours after the accident.
No matter what type of injuries you sustained in your car crash, our we can help. We handle all types of car accident compensation claims according to our guarantee.
If you’re wondering whether or not you have a case? Or you feel uncertain about the circumstances surrounding your accident we can quickly help you make light of your situation.
Motorcycle accident compensation
If you have been involved in a motorcycle accident through no fault of your own could be owed compensation.
Regardless of the severity of your injuries, or whereabouts in the state your accident took place our team of local specialists can help. When you contact us, we will perform a quick assessment based on our strict eligibility criteria to let you know whether or not you qualify to make a claim with us. If our lawyers deem your claim has merit and you wish to proceed, we will launch the necessary legal proceedings for you.
Important information for NSW road accident injury victims
In March 2017, the New South Wales parliament passed the Motor Accident Injuries Act 2017 which introduced the states new CTP scheme. Under the new scheme injured people are now eligible for statutory benefits for up to 6 months (26 weeks) which includes a percentage of their pre-injury earnings, medical treatment, rehabilitation and care.
Compensation for pain and suffering
Since the implementation of the new scheme victims with relatively serious injuries are now only eligible for pain and suffering compensation if they are able to prove Whole Person Impairment (WPI) of over 10%. This means the rights of many innocent car crash victims have been significantly reduced.
Comment from the NSW Bar association
‘The New South Wales Bar Association cannot support these aspects of the new system which undermine the legal rights of people injured in motor accidents. We urge the Government to reconsider its position and adhere to the Minister’s promise of providing adequate compensation to accident victims.’
So what now?
If you have been assessed as having less than 10% WPI we may still be able to help. Our expert panel of car accident lawyers acting in Sydney and NSW have on numerous occasions successfully challenged unfair medial assessments of below 10% WPI.