Posted on 09 Oct 2025

NSW Car Accident Claims Explained: Your Simple Step-by-Step Guide

What is a car accident claim in NSW?

A car accident claim is a type of insurance claim that provides financial support to anyone injured on the road in NSW. These claims are made through Compulsory Third Party (CTP) insurance, which is mandatory for all vehicles. You’ll also hear it commonly called a ‘Green Slip’ in NSW.

Depending on your situation, a car accident and injury claim can cover:

Lost income if you can’t work due to your injury (up to 95% of your pre-injury earnings for the first 13 weeks, then up to 85% for weeks 14–52).
Future loss of earning capacity.
Hospital and medical expenses.
Rehabilitation and ongoing treatment.
Professional or at-home care.
Support provided by friends or family.
Pain and suffering.

The exact amount of compensation you can receive depends on a range of factors, including how serious your injuries are and who was at fault for the accident.

To learn more about your potential compensation, head to our car accident claim calculator, which also includes practical tips on how to maximise your payout.

If you’d prefer to talk it through with an expert, reach out to our NSW car accident lawyers today. We’ll take the time to listen to your story and provide free advice about your potential compensation.

Can I make a car accident injury claim?

Even though we often talk about ‘car accident claims’, you can actually make a claim for any injury sustained on the road, no matter what type of vehicle was involved or who was at fault. This can include:

Drivers involved in a car crash.
Passengers in any vehicle.
Pedestrians hit by a vehicle.
Cyclists or motorcyclists involved in an accident.

Witnesses to a fatal crash.
Parents or guardians of children injured on the road.
Family members of someone who has died in a motor vehicle accident.

Not sure if you’re eligible? Our NSW car accident claim lawyers can review your situation, explain your rights, and guide you through the process — free of charge.

Start your free online claim check

Find out if you’re eligible for a car accident claim today.

Check your claim nowIt only takes 2 minutes.

What should I do if I’ve just been in a car accident?

Being in a car accident can be really stressful, but knowing what to do next can make a huge difference for your safety and your future claim. Here’s what to do:

Check for injuries: Take a moment to make sure you and your passengers are okay. If anyone is hurt or you’re unsure, call 000 straight away.
Get witness details: If anyone saw what happened, ask for their name and contact details. A quick note or short voice recording of what they saw can really help strengthen your claim later.
Take photos: Use your phone to capture the scene, including damaged vehicles, road conditions, signs, skid marks, and any visible injuries. The more detail, the better.
Exchange information: Swap details with the other driver, including their name, phone number, vehicle registration, and insurance information (CTP and property damage). If they don’t own the car, make sure you get the owner’s details too. You only need to provide what’s legally required — no extra personal info needed.
Report the accident: You have 28 days to report the crash to police in NSW, but it’s best to do it as soon as possible, especially if anyone was injured or the damage is serious. Make sure to get the police event number, as you’ll need a copy of the police report to make your car accident insurance claim.

How to claim compensation for a car accident in 9 steps

Making a car accident claim in NSW can feel overwhelming, especially if you’re still recovering. That’s why we’ve put together this simple 9-step guide to claiming compensation for a car accident in NSW. Keep in mind, every car accident claim process is slightly different, so yours may not follow these exact steps.

All registered vehicles in NSW must have Compulsory Third Party (CTP) insurance, also called a ‘Green Slip’. Unlike some states, NSW has six licensed CTP insurers: AAMI, Allianz, GIO, NRMA Insurance, QBE, and Youi.

If you caused the accident, you can still make a no-fault claim through your own insurer.

If someone else was at fault, notify their CTP insurer. If you’re unsure who their insurer is, use the State Insurance Regulatory Authority’s (SIRA) CTP Assist service at 1300 656 919 or the online ‘Connect with the Insurer’ tool.

In NSW, you have three options:

Lodge a claim directly with the at-fault insurer.
Claim through Service NSW using your MyServiceNSW account.
Complete an Application for Personal Injury Benefits form.

You’ll need to provide details like:

Personal information and employment history.
Police event number.
At-fault vehicle and insurer details.
Records of injuries, medical treatment, and time off work.

It’s crucial to fill this form out accurately, as errors can delay your claim or even result in it being denied.

Submit your form online, by mail, or by email. The insurer will acknowledge receipt within three days, give you a claim number and assign a claims officer. They’ll also explain the next steps for your car accident claim.

Once you lodge your claim, the claims officer will review all the evidence you’ve provided. They may contact your doctors, physiotherapists, or other treatment providers, and you’ll usually be asked to attend a medical examination. This assessment helps determine whether your injuries are threshold (minor) or non-threshold (non-minor).

Threshold injuries are generally less serious and often include things like:

Soft tissue injuries such as whiplash or minor back pain.
Mild psychological injuries that don’t meet the criteria for a recognised psychiatric condition.

In contrast, non-threshold injuries are more severe 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.

Your injury classification is important because it directly affects the type and amount of compensation you may receive under NSW CTP laws.

Within around four weeks of submitting your claim, the insurer will review all the information and let you know their decision. What happens next depends on who was at fault in the accident.

If you were at fault (no-fault claim)

The insurer will confirm what compensation you can receive for medical treatment, care, and any loss of income:

Threshold (minor) injuries: You may be entitled to weekly payments covering lost income, medical treatment, and reasonable help around the house.
Non-threshold (non-minor) injuries: Compensation can include everything available for threshold injuries, plus future lost income, reduced work capacity, ongoing medical costs, and rehabilitation or recovery support.

If someone else caused the accident

The insurer will issue an initial liability decision. This confirms whether they accept responsibility for the crash and whether you’re entitled to compensation.

If they accept liability, your medical costs and lost income are generally covered while your claim progresses.
If they deny liability, an experienced NSW car accident lawyer can step in to challenge the decision and help protect your full entitlements.

The insurer will periodically review your recovery to see how your injury is progressing. If your condition has improved, your weekly payments may be reduced or even stopped.

But if you feel the insurer is trying to cut off your payments too soon or push you back to work before you’re ready, don’t navigate it alone. Our lawyers can step in to challenge the decision and ensure you receive the financial support and time you need to recover properly.

If your injuries are serious or likely to have long-term effects, you’ll need to undergo an independent medical assessment to determine your Whole Person Impairment (WPI).

WPI measures the permanent impact of your injury and is assessed by a medical expert once your condition has stabilised, meaning it’s unlikely to improve further with treatment or time.

Your WPI percentage is important because it helps determine your eligibility for different types of compensation under NSW’s CTP scheme:

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.

Once your injury has stabilised, meaning it’s unlikely to improve with further time or treatment, the insurer will calculate your total compensation. Depending on your situation, this can include:

Medical treatment and rehab costs.
Lost income and reduced work capacity.
Home support and care.
Pain and suffering.

What is pain and suffering compensation in NSW?

Pain and suffering, also called non-economic loss, is designed to recognise the overall impact your injury has on your life. Unlike medical bills or lost income, there isn’t a fixed dollar amount, which means the payout can vary significantly depending on your circumstances.

The more serious your injury, the higher your potential pain and suffering compensation. However, NSW law also puts a cap on how much you can receive. As of October 2024, the maximum pain and suffering payout is $654,000.

It’s important to remember that pain and suffering is just one component of your total compensation. For people with serious injuries or those who earned a lot before the accident, future lost income and long-term care often make up the largest portion of their compensation.

For a deeper dive into how pain and suffering works and what you could claim, check out our complete guide to car accident pain and suffering compensation.

Can I still claim if I’m partly at fault?

Yes, you can — being partly at fault doesn’t automatically stop you from claiming for a car accident in NSW. However, your payout might be reduced if your actions contributed to your injuries. This is called ‘contributory negligence’.

Common examples include:

Not wearing a seatbelt.
Riding a bike or motorbike without a helmet.
Sitting in an unsafe spot, like the back of a van.
Being in a car with someone under the influence.
Using a phone while driving.

If you think the insurer might try to claim contributory negligence, it’s a good idea to speak with an experienced NSW car accident lawyer.

We know how these arguments work and can gather evidence to show that you weren’t negligent — or that your share of responsibility should be minimal. That way, we make sure you get as much compensation as possible.

How long after an accident can you claim?

NSW has strict time limits for making car accident insurance claims, so it’s important to act quickly:

Police report: You need to report the accident within 28 days.
Making a claim: You have three months to lodge your claim with the insurer.

If you’ve missed the car accident claim time limit, don’t panic — you may be able to apply for an exception.

An experienced NSW car accident lawyer can explain what exceptions you qualify for and apply on your behalf. Over the years, we’ve helped many clients with delayed claims secure the compensation they deserve.

When should I speak to a car accident claim lawyer?

While lodging a car accident claim in NSW might seem straightforward, insurers are often looking for reasons to reduce payouts or deny claims altogether. Once you accept their offer, you usually can’t change it, so getting it right the first time is crucial. That’s where an experienced car accident lawyer can make a real difference.

You should consider speaking with a lawyer in these situations:

You need help with your claim form: If you’re unsure what to include or how to compile your medical records, income details, and accident information, a lawyer can handle it for you.
Liability is unclear: If it’s not obvious who was at fault, or you suspect the insurer might deny responsibility, legal guidance can prevent mistakes that could hurt your claim.
You want to dispute fault: If you’ve been found at fault (or partly at fault), a lawyer can review your case and advise whether there are grounds to challenge the insurer’s decision.
You haven’t met the WPI threshold: If your Whole Person Impairment (WPI) assessment falls below the required threshold, a lawyer can request a reassessment on your behalf. We specialise in helping people injured on NSW roads reach the 10% WPI threshold, unlocking access to compensation for future lost income and pain and suffering — two of the most significant parts of your car accident payout.
You’ve received a settlement offer: Never accept an insurer’s compensation offer without legal advice. A lawyer can check whether it fairly reflects the full impact of your injuries, ongoing care needs, and lost income. If necessary, we’ll negotiate for more — or take your case to court.
The insurer has denied liability: If your claim has already been rejected, don’t give up. Expert car accident claim lawyers know how insurers operate and can help overturn unfair decisions.

Can I get free help with my car accident claim?

Absolutely! We believe everyone should have access to expert legal support after a car accident, no matter their financial situation. That’s why we provide free consultations for all people injured on NSW roads. It costs you nothing to find out where you stand, and there’s no obligation to proceed after this chat.

If you do decide to work with us, we offer No Win-No Fee car accident claims. This means we cover every upfront cost, and there’s nothing to pay unless we win your claim. If we’re unsuccessful, you’ll never receive a bill from us.