Overview of entitlements and the claims process under the NSW CTP insurance scheme
The Motor Accident Injuries Act 2017 (NSW) (the Act) governs the payment of benefits and damages for injuries from motor vehicle accidents in NSW. The Act also provides for regulation of claims, advice and disputes.
For people dealing with injuries sustained in a motor vehicle accident, in addition to this overview, this site sets out information on entitlements, making a claim, getting advice and disputing a decision.
The information on this site is intended as a guide only. You should always seek advice based on your specific circumstances and injuries.
If you are injured in a motor vehicle accident in NSW you are entitled to benefits and you may be entitled to damages.
Benefits includes payments for loss of income, medical and rehabilitation costs.
Benefits are payable to all injured parties, regardless of fault. However, the period for which benefits are payable is determined by fault and the level of injury.
Your eligibility to claim for damages is determined by your level of injury, regardless of fault. Damages are not payable for minor injuries.
Damages may include loss of earning capacity, pain and suffering and disfigurement.
The table below shows your entitlement to benefits and damages if you are injured in a motor vehicle accident.
|Maximum Benefits|| Claim Compensation for Damages
|Payment for Loss of Income and Earning Capacity||Payment of Treatment and Care Costs||
Loss of Past Income and Future Earning Capacity
|Pain and Suffering|
|Regardless of Fault
||6 months||6 months||No||No|
|More than Minor Injuries|
|At Fault||6 months||6 months||Yes||No|
|Not At Fault||2-3 years||Ongoing||Yes||No|
|More than 10% Permanent Impairment|
|At Fault||6 months||6 months||Yes||Yes|
|Not At Fault||2-5 years||Ongoing||Yes||Yes|
|Funeral Expenses||Reasonable funeral expenses|
Information in these tables is intended as a guide and for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. When making decisions about claiming, your insurance or any other matters, you must seek legal advice specific to your situation and you should not rely on these tables. While we use reasonable attempts to ensure the accuracy and completeness of the tables, we make no representation or warranting regarding the tables, to the extent permitted by law.