How to file a motor accident injury claim in NSW
In NSW, you lodge a motor accident injury claim with the relevant CTP insurer within 28 days for immediate benefits (weekly payments and treatment) under the Motor Accident Injuries Act 2017 (NSW). You have 3 months to preserve your full rights and up to 3 years to bring a damages claim.
The framework
Motor accident claims in NSW are governed by the Motor Accident Injuries Act 2017 (NSW) for accidents after 1 December 2017, and the Motor Accidents Compensation Act 1999 (NSW) for earlier accidents. SIRA regulates the scheme.
The process
Report to police within 28 days
Under the Motor Accident Injuries Act 2017, you must report the accident to police within 28 days unless police attended the scene. A police event number is essential for your claim.
Seek medical treatment and keep records
See a doctor as soon as possible and keep all medical records, receipts, and Certificates of Fitness. Treatment and weekly benefits can be paid regardless of fault under Part 3 of the Act.
Identify the at-fault vehicle's CTP insurer
Use the SIRA "Find My Insurer" tool or Service NSW rego check to identify the CTP insurer. For uninsured or unidentified vehicles, the Nominal Defendant may cover the claim.
Lodge the Application for Personal Injury Benefits
Complete and lodge the Application for Personal Injury Benefits with the CTP insurer within 28 days to receive statutory benefits from the date of the accident. Lodging within 3 months preserves full benefits.
Receive statutory benefits
The CTP insurer pays weekly income support (first 13 weeks regardless of fault), medical treatment, and rehabilitation expenses under Part 3 of the Act.
Liability assessment
The insurer assesses liability for ongoing benefits beyond 26 weeks. Most entitlements beyond this point require either no-fault minor injury classification or proof that another driver was mostly at fault.
Minor injury dispute (if raised)
If the insurer classifies your injury as "minor" under Schedule 2 of the Act, benefits are limited to 6 months. You can dispute this classification through internal review and then the Personal Injury Commission (PIC).
Common law damages claim
For non-minor injuries caused by another's negligence, you may bring a common law damages claim 20 months after the accident. A 3-year limitation applies under section 6.32 of the Act.
Dispute resolution at the PIC
Disputes about liability, medical treatment, or damages are resolved by the Personal Injury Commission of NSW under the Personal Injury Commission Act 2020 (NSW).
Settlement or PIC determination
Most damages claims settle via negotiation, mediation, or settlement conferences. Unresolved matters proceed to PIC assessment or court. Settlement amounts for lost earnings and non-economic loss are capped under Part 4 of the Act.
Forms and templates
- Application for Personal Injury Benefits
- Certificate of Fitness (medical)
Common mistakes
- Not reporting the accident to police within 28 days
- Missing the 3-month claim window
- Not disputing a minor injury classification
- Signing a final settlement without legal advice
- Not keeping medical evidence and receipts
Get this process right with Quillio
Quillio can help prepare your Application for Personal Injury Benefits, draft a minor injury dispute, and summarise medical evidence for the Personal Injury Commission. See /practice-areas/personal-injury or start a free trial.
This guide is general information, not legal advice. CTP claims involve strict timeframes and complex categorisation. Seek advice from an accredited personal injury lawyer.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial