A car accident can happen in a matter of seconds. But the decisions you make in the days and weeks that follow can have a lasting impact on your ability to claim compensation. Knowing your obligations and acting quickly can make all the difference.

Key Takeaways

  • Lodge your claim form within 28 days to receive back pay for lost income from the date of the accident; the hard deadline is 3 months
  • Report the accident to NSW Police within 28 days if officers didn’t attend the scene and keep your event number
  • Obtain a Certificate of Capacity from your doctor as soon as possible to support your claim
  • Statutory benefits including weekly payments and medical expenses are paid on a no-fault basis for the first 52 weeks
  • After 52 weeks, ongoing benefits depend on fault, injury severity, and whether your injury is classified as a non-threshold injury
  • Time limits are strict. Getting legal advice early protects your rights

The Claim Form

The first step after a motor accident injury is completing a claim form and submitting it to your Compulsory Third Party (CTP)/green slip insurer. The form can be downloaded directly from SIRA’s website (Motor Accident Personal Injury Claim Form).

The claim form should be lodged with the employer as soon as possible to enable the insurer to consider the claim and to commence benefits, but otherwise should be lodged within six months of the accident.

Once lodged, the insurer will review your claim and, if approved, begin paying statutory benefits. These include weekly payments if you are unable to work due to your injuries, and ongoing medical expenses that are reasonable, necessary, and related to the accident.

Statutory benefits are paid on a no-fault basis for the first 52 weeks, meaning you do not need to prove another driver was at fault to receive them.

Shortly before the 52-week period expires, the insurer will reassess your circumstances. Ongoing statutory payments beyond 52 weeks will only continue if all three of the following apply:

  • Your injury is classified as a non-threshold injury (i.e. not a minor soft tissue or minor psychological injury as defined under the legislation)
  • Another driver was at fault for the accident
  • You did not contribute more than 61% to the accident

READ MORE: Motor Accident Compensation NSW — What You Can Claim After a Car Accident

Certificate of Capacity

After the accident, seek medical attention as soon as possible, even if you weren’t taken to hospital. 

Whether you see your GP or are treated at a hospital, ask your doctor to complete a Certificate of Capacity (also known as a Certificate of Fitness for Work). 

According to the Law Society of NSW, this certificate informs the insurer of your injuries, your treatment plan, and your fitness for work. 

It is a key document in supporting your claim. The certificate can be downloaded here: Certificate of Capacity / Certificate of Fitness for Work.

Notifying the Police

As confirmed by SIRA’s Motor Accident Guidelines, you are required to report the accident to the NSW Police Force within 28 days, unless a police officer attended the scene. If the police did not attend, you can report the accident by visiting your local police station or by calling the Police Assistance Line on 131 444.

When you report the accident, you will be issued a police event number. Keep this safe, as it will need to be included in your claim form.

READ MORE: Time Limits for Public Liability Claims in NSW: Don’t Let a Deadline Cost You Your Claim

The process of motor accident claims in NSW involves strict time limits and complex legislation. Missing a deadline even by a short period can affect your entitlements.

The car accident lawyers at Whitelaw McDonald Lawyers has the expertise to guide you through the process and protect your rights from day one.

Not sure if you have a claim? Use our free claim check tool to find out in minutes, or call us today for a no-obligation consultation:

  • Newcastle (02) 4941 8999
  • Central Coast (02) 4343 7000 
  • Sydney (02) 9238 2120 
  • Coffs Harbour (02) 6659 2077
CONTACT US
NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.