Car Accident Claims NSW: Your Complete Guide & How to Avoid Costly Mistakes
Injured in a car accident in NSW? You may be entitled to compensation for medical bills, lost income, and ongoing care. Plus, if someone else caused the accident, you could get a substantial lump sum payout to cover future wages, ongoing care and your pain and suffering.
Our complete guide covers everything you need to know about car accident claims in NSW, including:
- Who can make a claim.
- What expenses and losses are covered.
- How to maximise your compensation.
- Common mistakes that could reduce your payout (and how to avoid them).
If you’d rather chat with an expert NSW car accident lawyer now, just get in touch. We’ll review your case and explain your rights in plain English, completely free of charge.
What to do after a car accident in NSW
If you’ve just been in a car accident in NSW, following these steps can protect both your safety and your future claim:
- Check for injuries: Your first priority is health. Make sure you and your passengers are safe. If anyone is seriously hurt, call emergency services immediately.
- Move your vehicle safely: If your car is drivable, move it out of traffic to avoid blocking the road and causing further accidents.
- Collect witness details: Speak to anyone who saw the crash. Get their name, phone number, and, if possible, ask them to provide a short written or recorded statement. This can be crucial evidence for your claim.
- Take photos of the scene: Document everything with your phone, including vehicle damage, skid marks, road signs, traffic lights, and any visible injuries. The more details you capture, the stronger your claim.
- Exchange information with the other driver: Obtain their name, address, phone number, vehicle registration, and insurance details (both Compulsory Third Party (CTP) and property damage). If they aren’t the car’s owner, get the owner’s details too. Only share what’s legally required; you don’t have to give extra personal information.
- Report the accident to police: In NSW, you have 28 days to report a crash, but it’s best to do so immediately, especially if there are injuries or significant damage. Make sure to get the police event number for your records.
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Find out if you’re eligible for a car accident claim today.
Can I make a car accident injury claim?
It’s not just drivers who are eligible for a car accident claim in NSW. Anyone injured on the road can make a claim, including:
- Drivers involved in a crash.
- Passengers in any vehicle.
- Pedestrians, cyclists, or motorcyclists.
- Parents or guardians of children injured in a car accident.
- Witnesses to a fatal crash.
- Family members of someone who died in a motor vehicle accident.
If you’re unsure whether you qualify, reach out today for a free consultation. Our experienced car accident claim lawyers have a detailed knowledge of the NSW CTP scheme and explain your rights.
Common car accident injuries you can claim for
You can claim car accident compensation for any injury that happens on the road. Some of the most common examples include:
- Whiplash and other soft tissue injuries (neck, shoulder, or back pain).
- Fractures and broken bones.
- Head and brain injuries, including concussions and Traumatic Brain Injury (TBI).
- Spinal injuries, such as herniated discs or spinal cord damage.
- Internal injuries (organ damage, internal bleeding, chest trauma).
- Cuts, lacerations, burns, and scarring.
- Psychological injuries, including PTSD, depression, anxiety, and adjustment disorders.
Keep in mind, this isn’t a complete list. If you’ve been injured on the road or developed a condition because of a car accident, it’s likely you have a claim.
Car accident claim calculator: how much can I get?
The amount of compensation you receive after a car accident in NSW depends on the circumstances of the crash and the severity of your injuries.
- No-fault claims: Even if the accident was your own fault, you could be eligible for weekly payments to cover lost income and medical expenses. Also known as ‘at-fault’ claims, these provide a financial safety net while you recover.
- Common law damages claims: If another driver caused your accident and your injuries are significant, you may be able to claim a substantial lump sum to cover the long-term impacts of the crash.
Understanding which type of claim applies to you is key to maximising your compensation. Let’s explore both options in more detail.
What can I claim if I’m at fault in NSW?
In NSW, you can still claim compensation even if the accident was your fault. The amount you may receive depends on whether your injuries are classified as threshold (minor) or non-threshold (non-minor).
Threshold injuries are generally less severe and often include:
- Soft tissue injuries like whiplash or minor back pain.
- Mild psychological injuries that don’t meet the criteria for a recognised psychiatric condition, like post-accident stress.
If you have a threshold injury, you may be entitled to weekly payments to cover:
- Lost income: Up to 95% of your pre-injury earnings for the first 13 weeks, then up to 85% for weeks 14 – 52.
- Medical treatment: Insurers usually pay doctors or treatment providers directly. Some medical costs may have caps depending on your injury.
- Home support: Reasonable help around the house, either from professionals or family and friends.
To qualify, expenses must be necessary, reasonable, and directly related to your accident. You’ll also need receipts or invoices for each cost.
These payments typically stop after 12 months unless your insurer agrees to continue them. Note that threshold benefits do not cover non-economic loss, such as pain and suffering. NSW law limits these claims to help keep Compulsory Third Party (CTP) insurance affordable.
Non-threshold injuries are more serious and can include:
- Significant physical injuries, such as broken bones, nerve damage, or brain injuries.
- Recognised psychiatric conditions, including PTSD, depression, or generalised anxiety disorder.
If your injuries are classified as non-threshold, your compensation may cover:
- Lost income: Up to 95% of your pre-injury earnings for the first 13 weeks, then up to 85% between weeks 14 and 52.
- Medical treatment: both past and future, including continued treatment, medication, or specialist support.
- Home support: Reasonable help with household tasks, whether provided by professionals or family and friends.
- Future earnings: Compensation for lost income or reduced work capacity over the long term.
- Rehabilitation and recovery: Assistance with physiotherapy, occupational therapy, or other rehab services.
Weekly payments for non-threshold injuries can continue for up to 24 months. If you pursue a common law claim, these payments may be extended for up to five years, along with additional lump sum compensation for pain, suffering, and long-term impacts.
What can I claim if someone else caused the accident?
If someone else caused the accident, you may have a common law damages claim. To make a successful claim, you’ll need to show two things:
- The accident was at least partially someone else's fault, and
- Your injuries are more than minor.
To start a common law damages claim in NSW, your injuries need to be assessed for Whole Person Impairment (WPI). This is a way of measuring the long-term impact your injuries have had on your life.
The assessment is carried out by an independent medical specialist once your condition has stabilised, meaning it’s not expected to get better with more treatment or time.
During the assessment, the specialist considers things like the type of injury you’ve suffered, how serious it is, the effect it has on your ability to manage everyday tasks, and whether you’re still dealing with pain or ongoing symptoms.
The WPI percentage plays a key role in determining your eligibility for different types of car accident compensation:
| Your Situation | What You Can Claim |
| WPI of 10% or less | Economic losses only:
* Past lost income.
* Loss of future earning capacity.
|
| WPI over 10% | Economic losses (as above), plus:
* Pain and suffering.
* Loss of enjoyment of life.
* Disfigurement.
* Reduced life expectancy.
|
Pain and suffering, also called non-economic loss, is compensation for the overall impact your injury has on your life: physically, emotionally, and mentally. Unlike medical bills or lost income, there isn’t a set dollar amount for this type of compensation. This means you could receive a significant lump sum, but you’ll also need strong evidence to support your claim.
Generally, the more severe your injuries, the higher your potential payout for pain and suffering. NSW law also sets a maximum limit for this type of compensation. As of October 2024, the cap is $654,000 per claim.
It’s important to remember that pain and suffering is just one component of your total car accident compensation. Your claim may also cover lost income (both past and future), medical treatment, ongoing care, and other costs linked to your injury.
In fact, for many seriously injured people — especially those who had higher earnings before the accident — future lost income and long-term care can actually make up the largest portion of their total compensation.
To learn more about how this compensation works and what you could claim, check out our complete guide to car accident pain and suffering compensation.
How to claim compensation for a car accident
While every claim is slightly different, most follow a similar car accident claim process.
If the accident was your fault, you can lodge a claim directly with your own insurer. Make sure to include all relevant documents, such as GP reports, medical records and receipts for treatment, medications, or rehab.
If someone else caused the accident, the process is slightly more complex, but having an experienced car accident lawyer can make a big difference. Here’s how it works:
In a free consultation, we’ll explain all your entitlements and assess the strength of your case. We’ll also check if you’re eligible for a common law damages claim to maximise your compensation.
Successful claims rely on solid proof of both your injuries and the other driver’s fault. We work with trusted medical and liability experts to collect all necessary evidence. And the best part? We cover all the costs of this evidence, so you’re never a cent out of pocket.
Once your evidence is complete, we lodge your CTP claim with the at-fault driver’s insurer. If eligible for a common law claim, court proceedings can begin at this stage.
After lodging, the insurer will review your claim. If accepted, weekly payments typically start within 14 days. If your claim is denied or the offer is too low, we handle the appeal immediately to protect your rights.
For common law claims, you’ll attend a mandatory pre-court mediation. We handle negotiations, aiming for a fair settlement without the stress of court. But if mediation fails, we’re prepared to take your case to court and fight for the compensation you deserve.
How long does a car accident claim take?
After you submit your car accident claim, the insurer has four weeks to confirm whether your claim has been accepted or rejected. If it’s accepted, payments must begin within 14 days.
After this, the insurer has three months to issue a liability notice, which confirms two key points:
- Whether your injuries are classified as threshold or non-threshold.
- Who they believe was responsible for the accident.
If you are making a common law damages claim, the process usually takes a bit longer: 12 to 18 months, depending on factors such as the complexity of your injuries, the treatment required, and how long it takes for your condition to stabilise.
To get a clearer idea of how long your claim might take, contact us today. Once we understand the specifics of your situation, we can provide a more accurate timeline tailored to your case.
What evidence do I need for a car accident claim?
Strong evidence is the foundation of every successful car accident claim in NSW. The more detail you can provide, the easier it is to prove your injuries, establish fault, and maximise your compensation.
Here’s just some of the evidence you may need for your claim:
- Accident scene evidence: photos of the scene, vehicles, and any injuries, as well as witness details.
- Police report: A copy of the police report and the event number.
- Medical evidence: GP and hospital records showing your initial diagnosis, specialist reports, referrals and evidence of ongoing care needs (rehab, medication, counselling, home help).
- Evidence of lost income: Payslips, tax returns, or employer statements to prove lost income.
- Receipts: Whether for out-of-pocket medical expenses, medication, transport, or home modifications.
- Personal record: A diary or journal noting your symptoms, pain levels, and how your injury affects your daily life.
We know that gathering this evidence can feel overwhelming, especially when you’re still recovering from an accident. That’s where our experienced NSW car accident lawyers step in.
We know exactly what insurers need to see to establish liability and demonstrate the full impact of your injuries. Your lawyer will handle collecting, organising, and presenting all the essential evidence for you, ensuring your claim is as strong as possible.
Common mistakes that could reduce your payout
Making a car accident claim in NSW can be complex, and even small mistakes can reduce your compensation. Here are the most common errors to avoid, along with tips to protect your claim:
- Failing to get medical attention immediately: Medical records not only ensure you receive the treatment you need but also serve as critical evidence linking your injuries to the accident. Delays in seeking care can make it harder to prove the full extent of your injuries.
- Not collecting evidence at the scene: If it’s safe to do so, gather evidence like witness details and photos of all vehicles, visible injuries, skid marks, traffic signs, and the surrounding area. Failing to document the scene thoroughly can weaken your claim or make it harder to establish fault.
- Ignoring your doctor’s treatment plan: Follow all prescribed treatments and rehabilitation recommendations. Skipping appointments or ignoring medical advice can suggest your injuries aren’t serious, which can negatively affect your payout.
- Not keeping detailed records: Document all accident-related costs and impacts, including medical bills, lost income, travel expenses for appointments and any additional support you’ve needed. These records demonstrate how the accident has affected your life, helping ensure you receive full compensation for all your losses.
- Giving statements to insurers without legal advice: Never provide a recorded statement to the other party’s insurer or sign any documentation without consulting a lawyer. Insurers can use your words to minimise your claim, even if you’re being truthful.
- Sharing accident details on social media: Avoid posting anything about your accident, injuries, or recovery. Insurers often monitor social media and may use posts to dispute your claim or argue your injuries aren’t as serious as stated.
- Settling too quickly: Do not rush to accept a settlement offer. Car accident injuries can take time to fully stabilise, and early settlements may leave you undercompensated for long-term medical needs or lost income. Always seek legal advice before agreeing to any payout.
Avoiding these common mistakes can make a huge difference in the success of your NSW car accident claim. For expert guidance and peace of mind, it’s always best to get free advice from an expert car accident lawyer before taking any action.
What is the car accident claim time limit?
In NSW, strict time limits apply for car accident claims:
- Police report: You must report the accident within 28 days.
- Personal Injury Benefits: You have three months to submit an Application for Personal Injury Benefits to the Personal Injury Commission.
If you’ve missed a deadline, don’t worry, it doesn’t automatically prevent you from claiming. Our experienced car accident lawyers know the exceptions and can apply for an extension on your behalf. We’ve successfully helped many clients with delayed claims get the compensation they’re entitled to.
What if my car accident claim is denied?
Unfortunately, valid car accident claims can (and do) get denied for many reasons. These include:
- Time limit issues: Not reporting the accident to the police within 28 days, or failing to submit your Application for Personal Injury Benefits within 3 months.
- Disputes about fault: The insurer may claim you were fully or partly responsible for the accident, reducing what you can recover.
- Insufficient evidence: If medical reports, witness statements, or accident details are incomplete, insurers often deny claims rather than investigate further.
- Pre-existing conditions: Sometimes, insurers argue your injuries were caused by a previous condition, not the accident.
Having your car accident claim denied can feel extremely stressful, especially when you’re already dealing with injuries, medical bills, and lost income. But a denied claim isn’t the end of the road.
In NSW, there is a clear dispute resolution pathway, and an experienced lawyer can guide you through each stage to give your claim the best chance of success.
How to dispute an insurer’s decision in NSW
Step 1: Request an internal review
If your insurer rejects your claim or limits your benefits, you can ask them to conduct an internal review of their decision. This must be done within 28 days of receiving the letter denying your claim.
While you can lodge this review on your own, many people find that insurers rarely change their position without strong new evidence and pressure from a lawyer. We can step in at this stage to:
- Review the insurer’s reasoning and identify legal or factual errors.
- Gather fresh medical or liability evidence to strengthen your case.
- Draft persuasive submissions to challenge the insurer’s decision.
Step 2: Escalate to the Dispute Resolution Service (DRS)
If the insurer still won’t budge after an internal review, the next step is the Dispute Resolution Service (DRS) run by SIRA (the State Insurance Regulatory Authority). This independent body can resolve disputes about fault, injury classification (threshold vs non-threshold), and entitlements to weekly benefits or lump sum compensation.
If your dispute progresses to this stage, we strongly suggest getting a lawyer, even if you made your initial appeal without one. We will:
- Prepare and lodge your application with the DRS.
- Represent you in all negotiations and hearings.
- Call on medical specialists and accident reconstruction experts to back your claim.
- Handle all communication with the insurer so you’re not pressured or misled.
Insurers have teams of specialists working to reduce payouts, and without legal representation, it’s easy to feel outnumbered. With a dedicated NSW car accident lawyer on your side, you’ll have someone who knows the NSW CTP scheme inside out, can spot insurer tactics, and will fight to get you the full compensation you’re entitled to.
If your car accident claim has been denied, don’t give up. With the right legal support, many denied claims are successfully overturned, leading to significant payouts for injured people across NSW.
Can I make a No Win-No Fee car accident claim?
Yes, we offer No Win-No Fee car accident claims for anyone injured on the road. How it works depends on the type of claim:
- No-fault claims: In NSW, lawyers cannot charge for helping with basic CTP claims. This means we can help you for free, without the need for a formal No Win No Fee arrangement.
- Common law damages claims: If someone else caused your accident and you’re seeking additional compensation, the at-fault driver’s insurer usually covers most of the legal costs. Any costs not covered by the insurer will be explained by your lawyer upfront. With our No Win-No Fee guarantee, you won’t pay a cent unless your claim is successful.
Here’s what makes us different from other No Win-No Fee lawyers:
- No upfront costs: We cover all fees related to your claim, including filing and expert reports.
- Truly No Win No Fee: If your claim isn’t successful, you pay nothing.
- Fee cap of 30%: Our legal fees will never exceed 30% of your compensation.
- Keep more of your payout: In most successful claims, we recover our costs from the insurer, so you keep more (or all) of your compensation.
- Transparent pricing: You’ll get a written breakdown of fees before we start, so there are no last-minute surprises.
How can a car accident lawyer boost my compensation?
If you’ve been injured in a car accident in NSW, it’s relatively easy to get basic CTP payments. But often, these don’t cover the full cost of your medical care, time off work, and pain and suffering. A skilled car accident lawyer can go beyond basic compensation to secure the full compensation you deserve.
Here’s how we boost your payout:
- Clear advice upfront: We explain your rights and entitlements at no cost, so you can make an informed decision about your claim.
- Strong evidence proving fault: Using expert evidence and proven legal strategies, we establish fault even in the most complex liability scenarios.
- Every area of loss: We assess how your injury affects your life physically, emotionally, and financially, so you’re compensated for the full impact of the accident.
- Additional claims: As part of our comprehensive service, we’ll find all your other car accident entitlements, including Total and Permanent Disability (TPD) benefits.
- Negotiate and stand up to insurers: With experience and industry recognition, we fight insurers to ensure you receive what you’re entitled to.
Frequently asked questions
In NSW, CTP insurance is commonly called a ‘green slip’. Unlike some other states where CTP is managed by a single government-run insurer, NSW uses a competitive system with six licensed insurers: AAMI, Allianz, GIO, NRMA Insurance, QBE and Youi.
Every CTP green slip provides the same minimum level of cover, since all policies are regulated by the NSW government. This means your basic entitlements don’t change depending on which insurer you’re with.
That said, some insurers offer optional extras or added benefits, so it’s worth reviewing your green slip policy carefully. Knowing what’s included can make a real difference when you’re lodging a car accident claim.
Yes, it’s still possible to claim if you were partly at fault for the accident. When making a car accident claim in NSW, the amount of compensation you receive can be reduced if your own actions are found to have contributed to your injuries. This is known as ‘contributory negligence’.
Some common examples include:
- Not wearing a seatbelt or letting your passengers travel without one.
- Riding a motorbike or bicycle without a helmet.
- Sitting in an unsafe position, such as the back of a ute or van.
- Driving, riding, or knowingly travelling with someone under the influence of alcohol or drugs.
- Using your phone illegally or engaging in other dangerous distractions while driving.
Being accused of contributory negligence doesn’t mean you lose your right to claim altogether — it just means the insurer may try to reduce your payout based on your level of responsibility.
That’s where having an experienced NSW car accident lawyer makes all the difference. We know the tactics insurers use to argue contributory negligence, and we’ll build strong evidence to minimise the impact on your compensation.
In NSW, it’s important to report a car accident to the police within 28 days. But if you missed this window, it doesn’t automatically prevent you from making a claim. You may still be able to apply for an exception to the time limit.
Exceptions can include situations such as:
- Injuries weren’t immediately apparent: You only noticed soft tissue injuries, whiplash, or other symptoms after a few days or weeks.
- Delayed awareness of fault: You didn’t realise the other driver was at fault until after the reporting period.
- Extenuating circumstances: Hospitalisation, family emergencies, or other serious events prevented you from reporting the accident on time.
- Police delays or errors: There were delays in the police filing process, or the report wasn’t properly logged.
Our experienced car accident claim solicitors can assess your situation and apply for an exception on your behalf. This greatly increases your chances of getting your claim approved, even if the standard police reporting deadline has passed.
Finding the right legal support for your car accident claim can make a big difference to your compensation. Look for lawyers who specialise in NSW motor accident claims, because the rules and entitlements vary between states. A lawyer without local experience might overlook some types of compensation you’re eligible for.
At Monaco, our team focuses exclusively on NSW-based car accident claims, giving you expert guidance every step of the way.
When comparing car accident claim lawyers, consider asking questions like:
- How many NSW car accident claims have you handled?
- Do you handle both no-fault CTP and common law damages claims?
- Will you manage all the evidence collection and negotiations for me?
- Does your No Win No Fee guarantee cover every cost related to my claim?
- Can you give an estimate of how long my claim might take?
- How will I stay updated about the progress of my claim?
Asking these questions helps you choose a lawyer who is experienced, transparent, and fully equipped to maximise your compensation.
