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After a car accident, you might be overwhelmed, stressed, and unsure of what to do next. That’s why we’ve created this easy-to-follow guide to walk you through how car accident claims work in Sydney.
From the first steps after the crash to lodging your claim and understanding what compensation you could receive, our experienced lawyers break it all down in clear, simple terms.
Want to speak to someone instead? Our Sydney car accident lawyers are ready to listen. We offer free consultations and will explain your rights and next steps in plain English.
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Find out if you’re eligible for a car accident claim in Sydney today.
If you’ve been injured in a road accident in Sydney, you might be eligible for compensation. While the term ‘car accident claims’ is commonly used, you might also hear them called ‘motor accident’ or ‘traffic accident’ claims.
Our skilled Sydney car accident lawyers handle a wide variety of cases, such as:
You might still have a valid car accident compensation claim if:
Your child was hurt in a road-related incident.
You witnessed a fatal crash and developed a psychological injury as a result.
You lost a loved one due to a motor accident.
Don’t see your situation listed here? That doesn’t necessarily mean you can’t claim. To find out if you qualify, speak with one of our motor accident lawyers in Sydney. Your initial consultation is completely free.
How to find a car accident lawyer in Sydney
With 14 offices across NSW — including one in the heart of Sydney CBD — it’s never been easier to find an expert car accident lawyer.
We also offer phone and video consultations for all motor accident claims. And if you’re unable to travel, our lawyers can visit you at home or in hospital.
Retrieving locations...
How much car accident compensation can I get?
If you’ve been injured in a motor vehicle accident in Sydney, you may be entitled to compensation through the NSW Compulsory Third Party (CTP) insurance scheme. You might also hear it called ‘green slip’. This scheme covers things like medical treatment and lost wages, even if you were at fault.
But if someone else caused the accident, you might also be eligible for additional compensation through a common law damages claim.
Below, break down each of these car accident compensation claims in more detail.
What can I claim if I’m at fault for the car accident?
Even if you were at fault in a car accident, you may still be eligible for compensation under NSW’s CTP scheme. The amount you receive depends on how serious your injuries are — specifically, whether they’re classed as ‘threshold’ or ‘non-minor’.
A threshold injury is a minor physical or psychological impact from a car accident. This includes things like:
Soft tissue injuries: most commonly, muscle strain, whiplash, or a sore back.
Certain psychological injuries: acute stress disorder or adjustment disorder.
Mental injuries that are not recognised psychological illnesses: for example, if you experience distress and anxiety after a car accident, but they do not develop into a diagnosed anxiety disorder.
What can I claim for a threshold injury?
If you’re experiencing a threshold injury after a car accident, you can claim:
Lost income if you’re unable to work.
Medical and rehabilitation costs, like GP visits, physio, or specialist treatment.
Unfortunately, threshold injuries don’t qualify for compensation for pain and suffering (also called non-economic loss). Even though many people experience emotional distress after a crash, NSW law limits this type of payout to more serious injuries to keep CTP costs down.
Keep in mind, your threshold injury payments usually stop after 12 months unless your insurer agrees that further treatment is needed.
Non-minor injuries are significant physical injuries or recognised psychological conditions. Some of the most common examples following a car crash include:
Physical injuries: damage to the brain, nerves, tendons, or other body parts that require surgery. This can also include broken bones, fractures, or severe scarring.
Psychological conditions: most diagnosed mental health conditions, including commonly Post-Traumatic Stress Disorder (PTSD) or depression caused by the accident.
What can I claim for non-minor injuries?
If you have a non-minor injury, your claim can cover both economic and ‘non-economic’ loss. Also known as ‘pain and suffering’, non-economic loss is compensation for the negative impact of the injury on your life.
Depending on how serious your injuries are, your car accident payout might include:
Weekly payments to cover lost income.
Hospital, medical, and rehabilitation expenses.
Costs for home care and support services.
Typically, weekly payments last up to 24 months. But if you decide to pursue a common law damages claim, you could receive weekly payments for up to five years.
What can I claim if someone else caused the accident?
You may be entitled to make an additional common law damages claim if:
WPI is a medical assessment used to determine how much your injury has affected your ability to function in daily life. It’s measured as a percentage, where 0% means no lasting impairment and 100% reflects complete loss of bodily function.
The higher your WPI rating, the more serious your injury is considered under the law, and the more types of compensation you may be eligible to claim.
If your WPI is 10% or lower, you may be eligible to claim compensation for your ‘economic’ losses, including:
Past income loss (wages lost while recovering).
Future loss of earning capacity (if your injury affects your long-term work prospects)
Future medical expenses.
Ongoing care and support.
Common examples of injuries rated 10% WPI or less include:
Whiplash.
Fractures that heal with minimal long-term issues.
Minor cosmetic scarring.
Mild joint sprains or soft tissue injuries.
If your injury is assessed at more than 10%, you can also claim for both economic and non-economic losses, such as:
Lost income (both past and future).
Future medical treatment.
Professional care.
Loss of amenities of life.
Reduced life expectancy.
Disfigurement.
Pain and suffering.
The amount you receive will ultimately come down to your personal circumstances, including things like your WPI score, how much your life has been impacted day-to-day, and any expenses you’ve already paid.
Examples of injuries above 10% WPI
Injury
Estimated WPI
Fractured arm that heals with some permanent reduction in movement
11% – 15%
Knee injury requiring reconstructive surgery
15 – 20%
Moderate traumatic brain injury with lasting memory or concentration problems.
20 – 30%
Loss of use of a limb (e.g. arm or leg) due to complex fractures or nerve damage.
40 – 50%
Paraplegia (loss of function in both legs).
50 – 70%
Extremely severe burns with major functional loss and ongoing pain.
80 – 90%
Total quadriplegia with no movement or sensation below the neck.
90 – 100%
Unsure what you’re entitled to claim? Our car accident compensation lawyers in Sydney can assess your situation and explain your potential entitlements — completely free of charge.
What happens if I have multiple injuries?
In Sydney, you can claim for multiple injuries from a car accident.
However, when it comes to determining your Whole Person Impairment (WPI), the injuries are not simply added together. For example, a back injury assessed at 8% WPI and a shoulder injury at 5% WPI do not automatically equal 13% WPI.
Instead, your assessor will use the Australian Medical Association Guidelines to determine an overall WPI based on how your injuries interact.
Even if your injuries are classed as ‘threshold’ on their own, they can still add up to a combined WPI of more than 10%. That’s why it’s so important to have every injury properly assessed — even the ones that might seem minor at first.
Our Sydney car accident solicitors are highly experienced with the WPI system and know exactly how to present your case. We specialise in helping clients combine multiple injuries to reach the 10% WPI threshold, unlocking access to much more compensation.
What if I’m partly to blame for the car accident?
If you did something that may have contributed to the accident or made your injuries worse, it could reduce the amount of compensation you receive. This is called ‘contributory negligence’.
It won’t stop you from making a claim, but it might lower your final payout depending on how much responsibility you’re found to share.
Some common examples include:
Not wearing a seatbelt or allowing your passengers to go without one.
Riding a bicycle or motorcycle without a helmet.
Sitting or travelling in an unsafe spot, like the back of a van.
Being in a car with a driver who’s under the influence of drugs or alcohol.
Using your phone behind the wheel, whether it’s texting, calling, or scrolling.
These situations don’t automatically mean you’ll be blamed for the accident. But it’s important to know that insurers often try to argue contributory negligence to reduce what they have to pay.
If you think this might be raised in your claim, it’s important to speak to a Sydney car accident lawyer early on. We’ll help you challenge unfair accusations and build the strongest case possible to protect your payout.
How to make a car accident claim in Sydney
No two car accident claims in Sydney are the same, and the process can vary depending on whether you caused the accident and how complex your claim is.
If you were at fault for the car accident, the process is usually pretty straightforward. You’ll need to submit your claim to your CTP insurer, along with supporting documents such as medical reports, treatment receipts, and proof of any time off work.
If the accident was caused by someone else, things work a little differently:
When you reach out for your free consultation, you’ll speak directly with one of our car accident compensation lawyers in Sydney. This is your chance to share your story, discuss your injuries, and explain how the accident has impacted your daily life.
From there, we’ll clearly explain your legal options and outline the types of compensation you might be entitled to.
If you choose to move forward, the same lawyer will manage your case from beginning to end, providing personalised and straightforward support throughout the entire process.
To support your CTP claim in Sydney, you’ll need solid expert evidence. For fault-based claims, this means proving both your injuries and that the other party was responsible — without this proof, your claim could be rejected.
That’s where our national network of medical and liability experts comes in. We’ll build a strong, evidence-backed case on your behalf. Plus, we cover all upfront expert costs, so you won’t pay a thing unless we win your case.
Armed with strong evidence, your Sydney car accidents lawyer will then help you lodge a CTP claim against the other party’s insurer. If you qualify for a common law damages claim, your lawyer will also begin court proceedings at this point.
Once your claim is submitted, the insurer will confirm whether it has been accepted. If it’s approved, you’ll start getting weekly payments straight away. But if your claim is denied or the insurer is offering less compensation than your injuries are worth, we’ll appeal the decision on your behalf.
For common law claims, you must attend a pre-court mediation with the insurer. But don’t stress — your lawyer will manage the entire process and negotiate to get you the best possible outcome.
With our decades of experience in car accident claims, your case will probably settle at mediation. But if the insurer won’t pay what your claim is worth, we won’t hesitate to take your claim to court.
Can I get help from a car accident lawyer for free?
Yes, our Sydney car accident lawyers offer free advice on all claims, so it costs you nothing to find out where you stand.
If you choose to go ahead with your claim, you’re protected by our genuine No Win No Fee guarantee. Here’s what that means for you:
No upfront costs: we cover everything upfront, from medical reports and expert assessments to court fees and administrative expenses.
A true No Win No Fee model: unlike some firms that only waive their legal fees, we pay all costs. So, if your claim isn’t successful, you don’t pay a cent.
Lower legal fees: if your claim wins, our fees are capped at just 30% of your compensation, much less than the 50% cap many others charge. Plus, we usually recover legal costs from the insurer, meaning you get to keep more of your payout.
Transparent pricing: before we start, you’ll get a clear, upfront quote detailing all possible costs.
Want to know how much your claim might cost? Contact our traffic accident lawyers in Sydney today for a free consultation.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Here’s what to do straight after a car accident in Sydney:
See a doctor: even if you feel okay, it’s smart to get checked. Some injuries take time to appear, and early medical records will support your claim.
Speak to witnesses: if anyone saw what happened, grab their name and contact details. Their version of events could be crucial in proving fault.
Take photos: use your phone to snap pictures of everything — vehicle damage, injuries, skid marks, traffic signs, and the general scene.
Report the accident: in Sydney, you must report the crash to police within 24 hours. You can usually do this online or at your local station.
Get legal advice early: a Sydney car accident lawyer can help you understand your rights, flag what you’re entitled to claim, and steer you away from common mistakes that could weaken your case down the line.
Getting your injuries classified correctly is one of the most important steps in a Sydney car accident claim. It affects what types of compensation you can access and how much you’re ultimately entitled to. That’s why it’s crucial to make sure every injury is properly identified and accurately assessed.
If your insurer classifies your injuries as ‘minor’ and you disagree, you have the right to challenge that decision. The first step is to request an internal review, which you must do within 28 days of receiving the liability notice. At this stage, you can submit updated medical evidence or new information to support your case.
If the outcome of the internal review isn’t in your favour, you can take it further by lodging an appeal with the NSW Personal Injury Commission.
We strongly recommend speaking to a motor vehicle accident lawyer before lodging a review. In many cases, getting just one injury reclassified as ‘non-minor’ can unlock access to far greater compensation, including for pain and suffering. While it’s not easy to get an insurer to change its mind, a good lawyer for car accidents understands how insurers work and will compile strong evidence supporting your appeal.
Working out who’s responsible for the crash is one of the most important steps in a car accident claim. In Sydney (and across NSW), compensation is usually paid by the insurer of the person who caused the accident. That means correctly identifying who was at fault is key to getting your claim approved.
Sometimes, more than one party might share the blame. Depending on how the accident happened, liability could sit with:
Another driver (including a taxi or rideshare driver).
A vehicle owner or employer, like a delivery or transport company.
A government body or local council, if unsafe roads were a factor.
A pedestrian or passenger whose actions contributed to the crash.
Want to know how fault is determined in your situation? Keep scrolling for real-world examples of how liability is usually assessed in different accident scenarios.
Accident scenario
Who's typically at fault?
You were rear-ended at a red light
Driver who hit you from behind
Someone ran a red light and hit your vehicle
Driver who ran the red light
Another driver failed to give way at an intersection
Driver who failed to give way
You merged without checking blind spot
You may be at fault (or shared fault)
You were hit while legally parked
Other driver
You and another car reversed into each other
Shared fault (often 50/50)
A car pulled out of a driveway and hit you
Driver exiting the driveway
You were speeding and hit another car
You may share fault
You were hit as a pedestrian crossing legally
The driver who failed to yield
Cyclist hit by a turning vehicle at a roundabout
The turning vehicle (failing to give way)
If you’ve been hurt in a car accident in Sydney (or anywhere in NSW), there are strict time limits for making a claim, so acting quickly is important.
In most cases, you’ll need to report the accident to police within 28 days, and then lodge your Application for Personal Injury Benefits within 3 months of the crash. This application is submitted to the Personal Injury Commission and starts the process of getting compensation for things like medical bills and lost income.
If you’ve missed the deadline, you still have options. There are legal exceptions for late claims in certain situations, especially if you were seriously injured or unable to lodge your claim on time.
Unsure where you stand? Our Sydney car accident lawyers can review your case and let you know if you’re still eligible — completely free of charge. Reach out today and get clarity on your options.
Most car accident claims in Sydney are resolved within 12 to 18 months, though the timeline can vary depending on your individual situation. Factors like the severity of your injuries, how much treatment you need, and whether your condition has stabilised all play a part.
‘Stabilised’ simply means your injuries have reached a point where they’re not expected to significantly change with further medical care. It’s usually best to wait until you’ve reached this point before settling your claim. That way, you’re not short-changing yourself on future medical costs or lost income.
For a better idea of how long your claim might take, get in touch for a free consultation. Our Sydney car accident lawyers will walk you through what to expect based on your specific circumstances.
Yes, you can still make a compensation claim in Sydney even if the at-fault driver was unregistered, uninsured, or a hit-and-run driver whose identity is unknown. In these cases, your claim is managed through the government-run nominal defendant scheme, which exists to provide compensation when no insurer is available.
The nominal defendant scheme ensures that injured people aren’t left without support just because the at-fault driver failed to follow the rules. It steps in to cover your medical expenses, lost income, and other entitlements, just like a normal insurer would.
Nominal defendant claims are time-sensitive and highly technical. Strict deadlines and paperwork requirements mean even a small delay or error can put your claim at risk.
To give yourself the best chance of success, it’s important to speak with a Sydney car accident lawyer who understands how nominal defendant claims work. We’ll manage the process from start to finish, so you can focus on your recovery.
If your NSW CTP claim benefits have been reduced or cut off, it’s usually because:
The insurer believes you’ve recovered.
You have a minor injury, and the 12-month benefit limit has passed.
You have a non-minor injury, but your 24-month payment period has ended.
The insurer found you mostly at fault, ending benefits after 26 weeks.
You have two main options:
Request an Insurer Internal Review (IIR): challenge the decision by responding to the insurer’s reasons and providing updated evidence. You typically have 28 days to do this.
Go to the Personal Injury Commission (PIC): if the IIR doesn’t resolve the issue, PIC can mediate or make a binding decision.
If your benefits have been stopped or downgraded, get legal advice straight away. Strict timeframes apply to both internal reviews and PIC applications, and missing a deadline could leave you without the support you’re entitled to.
We’ve helped hundreds of people across NSW get their benefits reinstated or secure much larger lump sum payouts through a common law claim. Get in touch today for a free chat about your options.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco is the place to go for a lawyer that cares. You're in safe hands.
They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.
Monaco explain things in a way you would understand, instead of lingo insurance and other companies like to use. Monaco Solicitors are amazing! So to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!
I'm glad my friend recommended Monaco. I was happy with the result.
Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
What makes us the best car accident lawyers in Sydney?
If you’ve been hurt in a car accident, most law firms will help you access standard CTP benefits. At Monaco, we go further. Our Sydney car accident lawyers combine legal strategy with solid medical evidence to help you secure the maximum compensation — not just the basics.
When you work with us, you can expect:
A clear, personalised assessment of your claim with practical advice.
A strong case backed by expert medical evidence.
Firm advocacy that pushes back against the insurer’s arguments.
Careful preparation to ensure every legal requirement and deadline is met.
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Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
