NSW CTP Claims Guide
A plain-English guide to how the NSW Compulsory Third Party (CTP) motor accident scheme works, what you may be entitled to, and the time limits that apply.
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What Is the NSW CTP Scheme?
Every registered vehicle in NSW is covered by Compulsory Third Party (CTP) insurance, also known as a green slip. This insurance covers people injured in motor vehicle accidents — not just drivers, but also passengers, pedestrians, cyclists, and motorcyclists.
The scheme is governed by the Motor Accidents Injuries Act 2017 (NSW) and provides two distinct types of compensation: statutory benefits and common law damages. Understanding the difference between these two pathways is essential to knowing what you may be entitled to.
Two Pathways: Statutory Benefits and Common Law Damages
Statutory Benefits
Available to most injured people regardless of who was at fault. These are defined entitlements under the legislation and include:
- Weekly income support payments
- Medical and treatment expenses
- Rehabilitation costs
- Domestic assistance (in some cases)
Statutory benefits are generally available for up to 26 weeks for most claimants, and longer in certain circumstances.
Common Law Damages
A lump sum claim pursued through the courts or by negotiation. Available where fault can be established and injury severity meets certain thresholds. May include:
- Non-economic loss (pain and suffering)
- Past and future economic loss
- Past and future treatment expenses
- Domestic care and assistance
Common law damages claims have separate time limits and eligibility requirements.
Threshold and Non-Threshold Injuries: Why It Matters
The NSW CTP scheme distinguishes between "threshold" and "non-threshold" injuries. This distinction affects what benefits you can access and for how long.
Non-Threshold Injuries (Minor Injuries)
Injuries classified as "minor" under the Act — such as soft tissue injuries and minor psychological injuries where no other injury is present. Statutory benefits are generally available for up to 26 weeks. Common law damages claims are not available for non-threshold injuries.
Threshold Injuries (Not Minor)
More serious injuries that are not classified as "minor". Statutory benefits may continue beyond 26 weeks. Common law damages may also be available, subject to establishing fault.
The 10% Whole Person Impairment Threshold
To claim non-economic loss (pain and suffering) through a common law damages claim, your injury must generally be assessed at greater than 10% Whole Person Impairment (WPI). This assessment is conducted by an approved medical assessor. If your WPI is 10% or below, you may still be entitled to economic loss damages (past and future loss of earnings), but non-economic loss damages are generally not available.
Key Time Limits You Should Know
The NSW CTP scheme has strict time limits. Missing these deadlines can affect your entitlements.
Report to Police
You must report the accident to NSW Police within 28 days if anyone was injured. Failure to report may affect your ability to claim.
Lodge a Claim for Statutory Benefits
An application for statutory benefits should generally be lodged as soon as practicable. While the legislation provides some flexibility, delays can result in reduced or lost entitlements.
Common Law Damages Claim
A common law damages claim must generally be commenced within 3 years of the date of the accident. Extensions may be available in limited circumstances, but early advice is strongly recommended.
Because time limits vary depending on circumstances, early advice is recommended.
What to Do After a Motor Vehicle Accident
If you have been injured in a motor vehicle accident in NSW, the following steps can help protect your rights and support your claim:
- Seek medical treatment as soon as possible, even if injuries seem minor
- Report the accident to NSW Police within 28 days
- Record the details of other drivers and vehicles involved
- Take photographs of the accident scene, vehicle damage, and any visible injuries
- Keep all medical records, receipts, and documentation
- Avoid providing detailed statements to the other party's insurer without legal advice
- Seek legal advice to understand your rights and the time limits that apply
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Important Information
This guide provides general information about the NSW CTP scheme. It does not constitute legal advice. The scheme is complex and entitlements depend on individual circumstances.
Time limits are indicative and may vary. Always seek professional advice about the deadlines that apply to your specific situation.
No Win, No Fee Disclaimer: No Win, No Fee refers to our legal fees only. You may still be liable for disbursements (third-party costs such as medical reports and court filing fees) and, in some circumstances, the other party's legal costs if your claim is unsuccessful. Full details of our fee arrangement will be provided to you in a costs agreement before any work commences.