How to Claim Car Accident Injury Compensation in NSW

Published: 10 September 2026

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Step-by-Step: How to Make a CTP Claim in NSW

While we recommend seeking legal advice before moving forward with a claim, if you are confident in the process or wish to start compiling evidence, here is a general overview of the steps involved in making a car accident injury claim in NSW.

Note that if the injury is a result of a vehicle accident that is work-related, you will also need to make a workers compensation claim.

Step 1. Report the Accident to Police

You should report the accident to NSW Police within 28 days and obtain a police event number. This event number is needed to verify your claim with the CTP insurer. If a police officer was present at the scene, a separate report is generally not needed.

Step 2. Get Medical Attention Promptly

See a doctor as soon as possible after the accident, even if your injuries seem minor at first. Some injuries – including whiplash, spinal injuries, and psychological conditions – can worsen over days or weeks. Your medical records will become important evidence in your claim, so it is worth making sure every injury is documented from the start. Your doctor will also complete a SIRA Certificate of Capacity, which is used to support your claim for weekly benefits.

Step 3. Identify the CTP Insurer

Your claim needs to be lodged with the CTP insurer of the at-fault vehicle. If you have the other vehicle’s registration number, you can identify its insurer through the SIRA website or Service NSW.

What if it was a hit-and-run and I can’t find the at-fault driver?

If the vehicle was unregistered or unidentified, the claim is made against the Nominal Defendant instead, a scheme administered by SIRA that effectively steps into the shoes of a CTP insurer and is funded by a levy on all CTP policies in NSW. From a claimant’s perspective, the process generally mirrors a standard CTP claim. The main difference is you will need to prove you made reasonable efforts to identify the at-fault driver. Because these claims come with extra procedural steps and scrutiny, it’s especially worth getting legal advice early if you find yourself in this situation.

Step 4. Apply for Personal Injury Benefits

This is the formal claim form that kicks off the statutory benefits process. You should aim to lodge it within 28 days of the accident. If you do this within 28 days, the insurer will generally backdate your weekly payments and treatment coverage to the day after the accident. If you lodge between 28 days and 3 months after the accident, you may still receive benefits, but they may not be backdated to the day after the accident. Claims lodged after 3 months generally require a satisfactory explanation for the delay.

Here is the information you will need, as per SIRA’s website:

Details of the crash

When lodging a claim, the more details you provide, the better. Immediately after the crash, try to record:

1. names, addresses, phone numbers and licence details of any drivers involved in the crash
2. make, model and number plate of any cars involved in the crash
3. contact details of witnesses
4. time, date and exact location of the crash, including the nearest cross streets
5. whether police and/or ambulance services attended the crash scene
6. if you’re able to, photograph the crash scene, including specific locations, to support your claim.

Police event number

You will need a police event number to lodge a CTP claim. You can contact the Police Assistance Line on 13 14 44 for this information.

Details of injuries, medical certificate and treatment receipts

You will need a Certificate of Fitness to lodge a CTP claim. You can obtain this from a General Practitioner (GP), preferably using the SIRA Certificate of Fitness form.

You may be able to claim ambulance service and public hospital treatment costs as part of a CTP claim.

Remember to keep all receipts related to your medical treatment.

Proof of earnings

Provide proof of earnings, such as pay slips, from before and after the crash.

Common Issues:

Don’t have all the evidence or information listed above?

You can still begin a claim with an insurer and they will follow you up for further information.

Don’t know who the insurer is?

SIRA has an online‘Connect with the Insurer’ tool. You can also call SIRA’s CTP Assist service on 1300 656 919.

Need help with the process?

The process itself can be stressful and daunting if you are unfamiliar with or don’t wish to engage with the burdensome insurance process. SIRA has resources to help you navigate an insurance claim. A CTP claims injury lawyer can also take over the process for you, engaging the insurer on your behalf. Most operate on a No Win, No Fee basis, including our team.

The insurer or other driver is disputing fault, the extent of monies owed, or the damages incurred?

This is common. The insurer is equipped with an experts claim team and lawyers who will generally try to minimise what the insurer is liable to cover. This is why it is highly recommended to engage your own lawyer. Having injury lawyers representing you can make a tremendous difference to maximising your outcome and streamlining the entire process, taking significant stress out of the incident. We recommend a free call with our team to walk you through your options and see how we can help – there’s no obligation to proceed but you will know where you stand regardless.  

Proceeding to lodge:

• The form for lodging is available on the SIRA website and can be submitted online or in writing to the insurer.
• Attach your Certificate of Capacity from your doctor.
• Keep copies of everything you submit

As per SIRA’s website, there are three ways to lodge your claim.

1. Contact the insurer most at fault so you can lodge your claim directly with them.
2. Claim though Service NSW using your MyServiceNSW Account. Ensure you add ‘Motor accident injury claims (CTP insurance) service’ under ‘My Services’.
3. Email or post your completed Application for Personal Injury Benefits form using registered post for tracking. Please include documents or information that to help the insurer to assess the claim, including your Certificate of Fitness, medical receipts and proof of earnings.

What Should I Ask the Insurer for When I Submit My Claim?

When you lodge your Application for Personal Injury Benefits, it’s worth being proactive rather than waiting for the insurer to volunteer information.

Ask the insurer to confirm in writing that your claim has been received and the date it was lodged, since this is what determines whether your weekly payments can be backdated.

Request a copy of their threshold injury decision once it’s made, along with the medical evidence they relied on to reach it – you’re entitled to see this, and it matters if you want to dispute the classification later. It’s also reasonable to ask what treatment and services have been pre-approved, so you’re not left paying upfront and seeking reimbursement, and to get a clear timeline for when your next payment or review is due.

If anything about the process feels unclear or the insurer’s explanation doesn’t add up, that’s a good moment to get legal advice before agreeing to anything in writing.

Step 5. The Insurer Assesses Your Claim

Once your application is lodged, the insurer will make decisions about liability and about whether your injuries are threshold or non-threshold. Statutory benefit payments – including weekly income support and approved treatment costs – should begin flowing while this assessment is underway. If the insurer disputes any aspect of your claim, you have the right to challenge that decision through internal review and, if needed, the Personal Injury Commission (an independent body that resolves disputes under the CTP scheme).

Understand that having your claim disputed is not uncommon. If you have already begun your claim and wish to engage a lawyer for some quick advice on a dispute, or if you feel you are receiving less compensation than you should be, you can get in touch with our team at no charge.

Step 6. Claim Common Law Damages (Where Eligible)

For those with non-threshold injuries who were not mostly at fault, a separate application for common law damages is made in addition to the statutory benefits claim. This covers past and future economic loss (income and earning capacity) as well as ongoing treatment expenses. The vast majority of common law claims resolve through negotiation with the insurer, without the need for a formal court hearing.

Key Time Limits to Know

Time limits are one of the most important things to be aware of in any CTP claim. Acting promptly not only protects your legal rights – it also helps preserve evidence, including witness recollections and CCTV footage. The key time frames to keep in mind are generally:

• Report to police within 28 days (unless police attended the scene).
• Notify the CTP insurer and lodge your Application for Personal Injury Benefits within 28 days to backdate statutory benefits to the day after the accident.
• Lodge the formal claim within 3 months of the accident – later claims require an explanation for the delay.
• Common law damages claims are subject to their own time frames – seek legal advice early so your options remain open.

Individual circumstances can affect these time frames, and different rules may apply in some situations. The safest approach is always to seek advice as soon as possible after an accident, rather than waiting to see how your injuries develop.

What If You Were Partly at Fault?

Being partly at fault does not automatically disqualify you from the scheme. For the first 52 weeks, statutory benefits are generally available regardless of fault. Where your own contribution to the accident is relevant, it may reduce any common law damages award proportionally – but it does not necessarily rule out a claim altogether. If you were wholly or mostly at fault, statutory benefits are generally available for up to 52 weeks, after which they cease. Getting legal advice early helps you understand exactly where you stand.

Do You Need a Lawyer?

You are not required to have a lawyer to make a statutory benefits claim. However, legal advice can be genuinely valuable – particularly when the insurer classifies your injury as threshold rather than non-threshold, disputes liability, or reduces your benefits. Legal advice is also important if you are considering a common law damages claim, which involves more complex legal and medical considerations.

At Whitelaw McDonald Lawyers, we act on a No Win, No Fee basis for car accident compensation claims. We are available NSW-wide, and we offer a free, no-obligation first conversation so you can understand your options without any pressure or cost.

Speak with One of Our Car Injury Compensation Lawyers

No Win, No Fee lawyers available NSW-wide can help you make your claim or provide no-obligation, free legal advice so you know where you stand.

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Speak to a Car Accident Lawyer Today

If you have been injured in a motor accident in NSW, the earlier you take action the better – for both your claim and your recovery. Evidence fades, time limits apply, and benefit entitlements can erode the longer you wait. Our Car accident lawyers  team is here to help you navigate the process clearly, without jargon, and without any upfront cost to you. Contact Whitelaw McDonald for a free, no-obligation assessment of your specific situation.

Who Is Covered?

The CTP scheme is broader than many people realise. It covers drivers (including those who were partly or wholly at fault), passengers, pedestrians, cyclists, motorcyclists, and the family members of someone seriously or fatally injured. Being at fault does not automatically stop you from accessing the scheme – it affects what you can claim and for how long, but fault alone does not exclude you.

If the at-fault vehicle was unregistered, uninsured, or simply drove away without being identified (a hit-and-run), you are not left without options. The Nominal Defendant scheme acts as a safety net, stepping in as the insurer in these situations. Claims through the Nominal Defendant follow a similar process to a standard CTP claim, but there are stricter requirements – particularly for unidentified vehicles, where you must be able to show you made genuine efforts to identify the vehicle involved. Getting legal advice early is especially important in these situations.

Two Layers of Compensation

The NSW CTP scheme works in two layers, and understanding the difference between them is key to understanding your entitlements.

Layer 1 – Statutory Benefits: These are payments available to most injured people regardless of fault for the first 52 weeks after the accident. Statutory benefits generally cover weekly income payments if you are unable to work or are on reduced hours, and medical and treatment expenses that are reasonable and necessary. You do not need to prove that anyone else was at fault to access these benefits.

Layer 2 – Common Law Damages: For more serious cases, where you were not mostly at fault and your injuries are classed as “non-threshold” (see below), you may be eligible to pursue a common law damages claim. This is a larger claim for past and future loss of income and earning capacity, as well as ongoing treatment expenses. Most claims resolve through negotiation rather than going to a formal hearing.

Threshold Injuries vs Non-Threshold Injuries

One of the most important classifications in any NSW CTP claim is whether your injury is a “threshold” injury or a “non-threshold” injury. This distinction shapes how long your benefits last and whether a larger common law claim is available to you.

A threshold injury is broadly a soft tissue injury – that is, an injury to muscles, tendons, ligaments, or similar connective tissue, such as whiplash or a muscle strain – or a minor psychological injury. These injuries are those where, for most people, a sustainable recovery is expected within a reasonable period of time.

A non-threshold injury is something more serious – for example, fractures, nerve injuries, head injuries, or a complete rupture of a tendon, ligament, or cartilage. If your injuries are classed as non-threshold and you were not mostly at fault, your statutory benefits can continue beyond 52 weeks and you may also be eligible for a common law damages claim.

The classification is not always straightforward. Insurers can and do classify injuries differently to how you might expect, and the classification can be disputed. This is one of the reasons early legal advice matters.