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Motor Vehicle Accident Claims

If you have been injured in a motor vehicle accident in NSW you can apply for benefits and compensation under the NSW CTP scheme. This includes:

  • Drivers or passengers in cars, trucks or buses
  • Motorcycle riders or pillion passengers
  • Pedestrians
  • Cyclists

The type of compensation and how to make a claim depends on when your accident occurred.

Motor Accident Injuries Act 2017

For accidents that occurred on or after 1 December 2017, a claim is subject to the Motor Accident Injuries Act 2017 (“MAI Act”).

The MAI Act provides for benefits and compensation in respect of an injury caused in a NSW motor accident, including:

  • Statutory benefits; and
  • Damages under common law

The MAI Act provides for no-fault statutory benefits for people injured in a motor vehicle accident. Statutory benefits that can be claimed up to 52 weeks from the date of the accident include:

  • weekly income payments;
  • medical and treatment costs, and;
  • care costs.

To receive weekly income payments from the day after the date of the accident, you must submit an Application for Personal Injury Benefits within 28 days of the accident.

Otherwise, an Application for Personal Injury Benefits must be lodged within 3 months of the accident. If it has been more than 3 months since the accident, you must provide an explanation as to the delay.

If your injury is not a minor injury and you are not wholly or mostly at fault for the accident, then you can continue to claim statutory benefits beyond 52 weeks. In addition, statutory benefits for weekly payments can be claimed for up to 104 weeks from the date of the accident.

For ongoing income support an injured person with a statutory benefits claim should consider making a claim for damages under common law.

A claim for damages under common law is brought against the vehicle that is most at fault and includes compensation for:

  • non-economic loss (i.e. compensation for pain and suffering if the injury attracts a whole person impairment of greater than 10%); and/or
  • past and future economic loss.

Motor Accident Compensation Act 1999

For accidents that occurred on or before 30 November 2017, a claim is subject to the Motor Accident Compensation Act 1999 (“MACA”).

Under the MACA, if you were not at fault for the accident, you may be able to claim the following:

  • past and future treatment expenses
  • past and future loss of income as well as loss of employer superannuation contributions
  • past and future attendance care services
  • non-economic loss (i.e. compensation for pain and suffering if the injury attracts a whole person impairment of greater than 10%);

Your claim must be lodged within 6 months of the accident. If it has been more than 6 months since the accident, you must provide an explanation as to the delay.

Proceedings must be commenced within 3 years of the accident, except with leave of the court which will only be granted if a claimant has provided a full and satisfactory explanation for the delay.

There are strict time limits that apply to claims under the MAIA and MACA.