Unfortunately, motor vehicle accidents are extremely common in New South Wales. For that reason, NSW has strong laws to protect anyone who is hurt in a car accident in the state.
If you’re injured in a car accident in NSW, you can claim benefits – whether you were at fault or even if no one was at fault. Between 2023 and 2024, NSW had 12,945 motor accident claims, totalling around $1.44 billion.
While it’s good to know you’re protected, personal injury laws can be complex and every case is different. In this article, we’ll tell you what to do if you’re injured in a car accident while driving in NSW.
What to do in a car accident in NSW
Of course, in any car accident, you should first make sure that you and others are safe, and call an ambulance if people need medical attention.
When you’re able to, you should follow these steps if you need to make a motor vehicle accident claim.
- Record details of the other vehicles involved in the accident – driver name, licence plate number, insurance details, etc.
- Take photos of the accident and your resulting injuries if you can.
- Get medical treatment as soon as possible. Your doctor will record important details about the extent of your injuries, what treatment you need and how long it will take you to recover. Ask for a medical certificate showing your fitness for work.
- Report the accident to the police as soon as possible if they didn’t attend the accident scene. The police will give you an ‘event number’, which will provide evidence that the accident occurred when you make a claim.
- Report the accident to your car insurance company.
- Collect photographs of damage, witness statements, medical receipts and other evidence to support your claim.
- Seek help from a legal professional to discuss your case and find out all your options for claiming benefits while you recover from your injuries.
Whose insurance covers an accident in NSW?
In NSW, drivers must have compulsory third party insurance (known as CTP or a ‘green slip’) before they can register a vehicle. This covers the driver if they hurt or kill someone in a car accident.
This is a no fault scheme that covers you or anyone driving your car if your car injures:
- anyone else – pedestrians, passengers, cyclists, motorcyclists and drivers
- you, if the accident occurs in NSW.
CTP can cover the cost of medical treatment, lost income and even ongoing care where needed. It can provide compensation to the family if the driver passes away. However, it doesn’t cover damage to vehicles or other property.
The State Insurance Regulatory Authority (SIRA) regulates motor accident CTP insurance in NSW.
Making a car accident claim in NSW
When you make a claim for injuries caused by a car accident in NSW, you’ll claim against the green slip insurer of the at-fault driver. This includes if you were a passenger in the at-fault vehicle.
Therefore you need to know the insurer of the vehicle you believe is at fault. In NSW, you can go to the SIRA website and enter details about the other vehicle and they can help you find that information.
If the other car is uninsured or unregistered, you can still claim through the Nominal Defendant, a statutory body that provides compensation for people injured in car accidents by uninsured or unidentified drivers. In NSW, the Nominal Defendant is SIRA.
What you can claim for
The amount you may receive for your claim depends on your injuries, which may be considered ‘threshold’ or ‘above threshold’.
If you’ve suffered a threshold injury (previously called a minor injury), you can claim for statutory benefits for up to 52 weeks, no matter who caused the accident. (Prior to 1 April 2023, this was only 26 weeks.)
These benefits are income support payments, and medical and home care expenses. Income support payments are up to 95% of your pre-accident earnings for the first 13 weeks and then 85% after that.
Threshold injuries are soft tissue injuries and any psychological or psychiatric injury that is not a recognised psychiatric illness.
Above threshold injuries are more severe, such as fractures and organ damage. These injuries could entitle you to support beyond 24 months if there is a claim for damages.
If your injury includes over 10% permanent impairment, you may also be eligible for a lump sum payment for past and future income loss, and pain and suffering. These types of injuries include brain injuries, spinal cord injuries and severe psychological conditions.
Some important things to note:
- Your ambulance and public hospital costs are covered by a ‘fund levy’ – a fund for anyone injured in a car accident in NSW.
- You might not need to lodge a claim to start getting treatment. The relevant insurer can approve a GP visit and 2 treatment sessions so you can start getting treatment immediately.
Timeframes for NSW car accident claims
It’s important not to delay making a claim as strict timeframes apply to every step of the claims process.
You must make your claim within 3 months of the accident – and within 28 days if you want to receive back pay for your lost income from the day after the accident.
In NSW there have been recent changes to the law, including changes to timeframes. For example, if you have a ‘threshold injury’, you can now make a claim for damages at any time rather than waiting for 20 months.
Additionally, insurers now have 9 months to make a decision about a threshold injury rather than 3 months.
How Main Lawyers can help
The process for claiming compensation for car accident injuries is different in every state. And the laws are changing all the time. So it’s essential to engage a legal professional who knows the system and can give you the most up-to-date advice.
At Main Lawyers, we have experts in car accident claims in New South Wales, so you can focus on your recovery while we get you the compensation you deserve.
Contact us today for a free initial consultation to get started.
