Motor Vehicle Accidents (NSW) FAQ

The Motor Accident Injuries Act 2017 (MAIA) replaced the Motor Accidents Compensation Act 1999 for accidents from 1 December 2017. SIRA regulates insurers and administers the scheme. Older accidents are still governed by the 1999 Act.

Compulsory Third Party (CTP) insurance is included in vehicle registration in NSW. It covers injuries caused by the vehicle. Claims are made against the CTP insurer of the at-fault vehicle, or the claimant's own insurer if fault is unclear or the at-fault vehicle is unregistered.

Lodge a claim with the relevant CTP insurer within 28 days of the accident (or as soon as practicable). Use the standard personal injury claim form. Provide details of the accident, injuries, treatment, and lost earnings. Late claims may still be accepted but delays can affect entitlements.

Weekly payments for lost earnings (up to 95% of pre-accident weekly earnings for the first 13 weeks, then 80%), treatment and care expenses, and domestic assistance. These are available regardless of fault for up to 26 weeks, or longer if the injury is above the minor injury threshold.

A minor injury is a soft tissue injury or minor psychological injury that is not a recognised psychiatric illness. Minor injuries receive statutory benefits for a maximum of 26 weeks. Injuries above the minor threshold can receive ongoing statutory benefits and may access common law damages.

Yes, if your injury exceeds the minor injury threshold and another party was at fault. For non-economic loss (pain and suffering), you must meet a whole person impairment (WPI) threshold of greater than 10%. Economic loss claims have no WPI threshold but require proof of fault.

WPI is a medical assessment of permanent impairment as a percentage. It is assessed using the AMA Guides to the Evaluation of Permanent Impairment and the SIRA guidelines. A WPI above 10% is required for non-economic loss damages. Assessment usually occurs once injuries have stabilised.

Claims should be lodged within 28 days. There is a 3-year limitation period for court proceedings from the date of the accident. Late claims (beyond 28 days but within 3 years) can still access statutory benefits, but some entitlements may be reduced.

Claims involving unregistered or uninsured vehicles, stolen vehicles, or unidentified hit-and-run drivers are managed by the Nominal Defendant scheme. The claim is lodged with SIRA, which appoints an insurer to manage it.

Disputes about liability, medical treatment, or benefits are resolved through the Personal Injury Commission (PIC), which replaced the former DRS from 1 March 2021. The PIC handles medical assessments, merit reviews, and miscellaneous claims disputes.

A merit review is a review of an insurer's decision about statutory benefits by the Personal Injury Commission. Either party can apply. The PIC reviewer can affirm, vary, or set aside the insurer's decision. Further appeal lies to the PIC President.

If the claimant was partly at fault (for example, not wearing a seatbelt), damages may be reduced proportionally. Common law damages are reduced by the claimant's percentage of fault. Statutory benefits are not reduced for contributory negligence for the first 26 weeks.

Yes. Passengers can claim statutory benefits and common law damages. A passenger's claim is made against the CTP insurer of the vehicle they were in. If both drivers share fault, both insurers may be involved. Passengers are not affected by driver contributory negligence.

At-fault drivers can still receive statutory benefits (weekly payments and treatment) for up to 26 weeks if their injury is minor, or longer if the injury exceeds the minor threshold. At-fault drivers cannot claim common law damages.

Legal costs are regulated under the Motor Accident Injuries Act. For statutory benefits disputes, costs are generally not recoverable. For common law claims, regulated costs apply based on the amount recovered. SIRA publishes cost regulations that cap solicitor-client and party-party costs.

Reasonably necessary treatment related to the accident injury is covered. This includes medical, surgical, dental, hospital, ambulance, rehabilitation, physiotherapy, psychology, and pharmaceutical expenses. The insurer can approve treatment plans or dispute necessity.

A mandatory settlement conference is required before common law court proceedings can commence. Both parties attend and attempt to resolve the claim. If settlement is not reached, the claimant can file court proceedings. The conference must occur within prescribed timeframes.

For the first 13 weeks, weekly payments are 95% of pre-accident weekly earnings (PAWE). From weeks 14-78, payments reduce to 80% of PAWE. Beyond 78 weeks, payments may continue for those with injuries above the minor threshold, subject to work capacity assessments.

Yes, you can choose your treating medical practitioners. However, the insurer may require you to attend an independent medical examination (IME) with a doctor of their choosing. Treatment must be reasonably necessary and related to the accident injuries.

There is no fixed cap on economic loss. Non-economic loss (pain and suffering) is subject to a statutory cap that is indexed annually — currently over $700,000 for the most severe injuries. The amount awarded depends on the severity of impairment assessed as a proportion of the maximum.