If you’re injured in a car accident in NSW, you can usually claim under the compulsory third party (CTP) green slip scheme, regardless of who was at fault. Drivers, passengers, pedestrians, cyclists and motorcyclists can all claim. Lodge your claim quickly: to receive back pay for lost income, you need to claim within 28 days of the crash. CTP can pay weekly income support (up to 95% of your pre-crash earnings for the first 13 weeks) and reasonable treatment and care. If you weren’t mostly at fault and your injury is more than a “threshold injury”, you may also be able to claim a lump sum for lost earnings and, if your permanent impairment is more than 10%, for pain and suffering. Common law claims must generally be made within 3 years.
This page is general information about the NSW CTP scheme for accidents from 1 December 2017, not legal advice. Different rules apply to earlier accidents and to accidents in other states. Speak to a lawyer about your situation.
Who can claim compensation after a car accident?
According to SIRA, anyone injured in a motor crash in NSW can apply for personal injury benefits, including income support, regardless of who was at fault. That includes:
- drivers, including at-fault drivers (for a limited period)
- passengers
- pedestrians
- cyclists and motorcyclists
- people injured by a vehicle that was uninsured or couldn’t be identified (through the Nominal Defendant)
- family members of someone who died in a crash, for some benefits such as funeral expenses
Fault matters more for the second type of claim, the lump sum damages claim (see below). For specific situations, see our guides to hit-and-run accidents, cyclists hit by a car and rideshare accidents.
What to do straight after a car accident
- Check for injuries and call 000 if anyone is hurt or in danger.
- Exchange details with the other drivers: name, address, licence, registration and insurer.
- Report the crash to police. Police must be told about crashes where someone is injured, and a police report is needed for a CTP claim. Get the event number.
- Collect evidence. Photos of the scene, vehicles and injuries, witness names and numbers, and any dashcam or CCTV footage.
- See a doctor as soon as possible, even if you feel okay. Some injuries take days to show.
- Lodge your CTP claim quickly, ideally within 28 days.
- Keep records of every medical appointment, receipt, payslip and day off work.
The time limits
| What | Time limit |
|---|---|
| Claim for personal injury benefits, to receive back pay for lost income | Within 28 days of the crash |
| Claim for personal injury benefits (outer limit) | Generally within 3 months of the crash [Lawyer: confirm] |
| Common law damages claim, to keep weekly payments going beyond 2 years | Lodge within 2 years of the crash |
| Common law damages claim | Within 3 years of the crash (later only with a satisfactory explanation) |
SIRA says that “to receive back pay following a motor crash, you need to submit your claim to the insurer within 28 days”, and that a claim for common law damages “must be made within 3 years of the date of the motor crash”. Missing a deadline can cost you payments you’d otherwise have received, so don’t wait.
How to make a CTP claim
You claim against the CTP insurer of the vehicle at fault. If you don’t know which insurer that is, or the vehicle wasn’t identified, you can still lodge your claim. According to SIRA, claims can be lodged through Service NSW, or by calling CTP Assist on 1300 656 919 for help. You’ll need:
- the police event number
- details of the vehicles involved and their registration
- a certificate of fitness from your doctor
- details of your employment and income, if you’re claiming for lost earnings
- authority for the insurer to access your medical and other records
The insurer will decide whether it accepts liability for your claim. It can start paying for treatment and income support while it makes that decision.
What you can claim: statutory benefits
Weekly income support
If your injuries stop you working, or reduce how much you can work, you may receive weekly payments. According to SIRA, you can receive:
- “Up to 95% of your pre-crash earnings for the first 13 weeks”
- “Up to 85% from 14 weeks, depending on your earning capacity”
Payments are capped at a maximum weekly amount that’s indexed each year.
Treatment and care
CTP can pay reasonable and necessary treatment and care costs, such as medical and hospital costs, physiotherapy, rehabilitation, medication, travel to treatment, and in serious cases attendant care and home modifications. Check with the insurer before treatment where possible, and keep every receipt.
How long statutory benefits last
- Threshold injuries (generally soft tissue injuries, such as whiplash, and minor psychological injuries): for accidents from 1 April 2023, weekly payments and treatment are available for up to 52 weeks. Before that, the limit was 26 weeks.
- Drivers wholly or mostly at fault: benefits are also limited to 52 weeks for accidents from 1 April 2023.
- More serious injuries, where you weren’t mostly at fault: weekly payments can generally continue for up to 2 years, and longer if you’ve lodged a common law damages claim within 2 years of the crash. Treatment can continue for longer.
Whether your injury is a “threshold injury” is often the most important question in a CTP claim. Insurers frequently classify injuries as threshold injuries, and that decision can be challenged. If your injury involves nerve damage, a fracture, or a psychiatric condition such as PTSD, it may not be a threshold injury. Get advice before you accept the insurer’s decision.
What you can claim: common law damages (a lump sum)
If you weren’t mostly at fault and your injury is more than a threshold injury, you may be able to claim a lump sum. According to SIRA, damages can cover:
- Economic loss: past lost earnings, future loss of earning capacity, and some other costs, such as accommodation or travel needed because of the injury
- Non-economic loss (pain and suffering, loss of quality of life, reduced life expectancy and disfigurement): this “can only be claimed if the degree of permanent impairment caused by a motor crash is more than 10%”
Your damages can be reduced if you contributed to your injuries, for example by not wearing a seatbelt or travelling with a driver you knew was intoxicated.
Settling a damages claim
Your claim is usually valued once your injuries have stabilised, so the long-term effects are known. Settlement offers are often negotiated, and disputes about liability, impairment or the amount can go to the Personal Injury Commission. Don’t accept an offer without understanding what your claim is worth.
If your claim is denied or disputed
You can ask the insurer for an internal review of many decisions, such as whether your injury is a threshold injury, whether you were mostly at fault, or how your weekly payments were calculated. SIRA says there’s a 28-day window to request an internal review. If the review doesn’t resolve it, the dispute can go to the Personal Injury Commission. The CTP Legal Advisory Service and CTP Assist can also provide information.
Common mistakes to avoid
- Delaying the claim. Missing the 28-day window can mean losing back pay.
- Not reporting the crash to police or not getting the event number.
- Not seeing a doctor early, or downplaying symptoms. Gaps in medical records are used against claimants.
- Accepting a “threshold injury” decision without question. It can limit your benefits to 52 weeks and rule out damages.
- Admitting fault at the scene or in statements before you know the full picture.
- Settling too early, before your injuries have stabilised.
- Posting about the accident or your activities online.
Car accidents at work
If you were driving for work, or in some cases travelling to or from work, you may have a workers compensation claim as well as, or instead of, a CTP claim. The two schemes interact, and which one pays first depends on the circumstances. See our guide to workers compensation in NSW.
What if my car is damaged?
CTP covers injuries, not damage to vehicles or property. Vehicle damage is claimed through your own comprehensive insurance, or from the at-fault driver or their property insurer. See what to do if your car is damaged and you’re not insured.
Do you need a lawyer?
For a simple statutory benefits claim, many people deal with the insurer directly, with help from CTP Assist. Legal advice is worth getting if your injury may be more than a threshold injury, the insurer says you were at fault, your payments are reduced or stopped, or you may have a damages claim. Legal costs in CTP claims are regulated, so ask how fees work at your first meeting.
Evidence that strengthens your claim
- The police event number and the names of the officers who attended
- Photos and video of the scene, the vehicles, road conditions and your injuries
- Dashcam or CCTV footage. Ask nearby businesses quickly, because footage is often overwritten within days
- Witness details, and short written accounts while memories are fresh
- Medical records from your first visit onwards, including your GP, hospital, specialists and physiotherapist
- Proof of income, such as payslips, tax returns and a letter from your employer about time off work
- A diary of your symptoms, treatment, time off work and how your injuries affect your daily life
How long does a CTP claim take?
Statutory benefits start once the insurer accepts your claim, and can be paid while your claim continues. A damages claim usually takes longer, because it generally can’t be properly valued until your injuries have stabilised, often a year or more after the crash. Disputes about whether you were at fault, or whether your injury is a threshold injury, can add time. Meanwhile, keep attending treatment and keep your records up to date.
If someone died in a car accident
If a family member died in a crash, you may be able to claim funeral expenses, and dependants may be able to claim for loss of financial support. Family members who suffer a recognised psychological injury may also have a claim. These claims have their own rules, so get advice early.
The bottom line
Almost anyone injured in a NSW car accident can claim CTP benefits, regardless of fault. Lodge your claim within 28 days to get back pay. Weekly payments start at up to 95% of your earnings, and treatment is covered. If you weren’t mostly at fault and your injury is more serious, you may also be entitled to a lump sum, but you need to claim within 3 years.
McDonnell Schroder Solicitors & Conveyancers has helped people injured on Western Sydney roads for more than 50 years. Your first consultation is free. Call (02) 9622 1155 or see our car accident claims page.
Frequently asked questions
Can I claim if the accident was my fault?
Yes, for a limited time. Drivers who were wholly or mostly at fault can receive weekly payments and treatment for up to 52 weeks (for accidents from 1 April 2023), but generally can’t claim a lump sum.
How long do I have to claim after a car accident?
Claim within 28 days to receive back pay. Common law damages claims must generally be made within 3 years of the crash.
What is a threshold injury?
Generally a soft tissue injury, like whiplash, or a minor psychological injury. Threshold injuries get benefits for up to 52 weeks and can’t be the basis of a damages claim. The insurer’s decision can be challenged.
How much compensation will I get?
It depends on your injuries, your earnings, whether you were at fault, and your level of permanent impairment. Non-economic loss can only be claimed if your permanent impairment is more than 10%.
What if the other driver was uninsured or drove off?
You can still claim, through the Nominal Defendant. Report it to police and get advice. See what to do after a hit and run.
