A road accident changes your life in seconds. The weeks that follow are often a blur of medical appointments, insurance letters, and unanswered questions. One of the most common things people tell us is: “I didn’t know what I was supposed to do.”
In NSW, every registered vehicle carries compulsory third party (CTP) insurance — sometimes called a green slip. This insurance is designed to cover people injured in road accidents. But the scheme has strict rules about how and when to lodge a claim, what benefits you can access, and what deadlines apply. Missing those rules can cost you significant entitlements.
This guide covers what you need to do in the first 30 days after a road accident in NSW, how the NSW CTP scheme works, what you can claim, and when to get a CTP lawyer involved.
How the NSW CTP Scheme Works
NSW road accident injury claims are governed by the Motor Accident Injuries Act 2017 (MAIA). The scheme is a “fault optional” system, meaning all injured road users — including people who were at fault — can access statutory benefits in the early stages of a claim.
The insurer you claim against is typically the CTP insurer of the vehicle at fault. If the at-fault vehicle is unregistered or unknown — a hit and run — the Nominal Defendant, administered by SIRA, steps in as the insurer.
The NSW CTP scheme involves two main stages:
- Stage 1 — Statutory benefits: available to most injured people regardless of fault. These cover medical expenses and income replacement.
- Stage 2 — Common law claim for damages: available to people who were not mostly at fault and who have a non-minor injury. This is a separate, higher-value claim.
What You Can Claim: Statutory Benefits
Statutory benefits under the MAIA are available from the moment of the accident regardless of who caused it. They generally include:
- Weekly income payments if your injury reduces your capacity to work;
- Reasonable and necessary medical and rehabilitation treatment expenses.
These benefits are time-limited. Accessing the full extent of statutory benefits requires proper lodgement of a claim within the required timeframes. Do not delay.
What You Can Claim: Common Law Damages
If you suffered a non-threshold injury and were not mostly at fault, you may also be entitled to pursue a common law damages claim. Common law damages can include:
- General damages — for pain, suffering, and loss of enjoyment of life;
- Past and future economic loss — reflecting lost earnings and reduced earning capacity;
- Future medical expenses
The threshold for accessing common law damages is that your injury must be classified as a non-threshold injury. This is one of the most contested aspects of the NSW CTP system. Having a lawyer involved early significantly improves your prospects of challenging an incorrect minor injury classification.
Step-by-Step: What to Do in the First 30 Days
- Seek immediate medical attention — go to hospital or your GP the same day or the next day. Document that the injury arose from a road accident.
- Report the accident to police if required — in NSW, you must report if anyone is injured, or if the accident involved an unregistered or uninsured vehicle.
- Identify the CTP insurer — check the at-fault vehicle’s green slip or search the vehicle registration on the SIRA website.
- Lodge your CTP claim as soon as possible — claims should generally be lodged within 28 days of the accident. Late claims are still possible but may affect your benefit entitlements.
- See your treating doctors regularly and follow the recommended treatment — gaps in treatment are used by insurers to argue that injuries are not ongoing.
- Do not accept any payment or sign any deed of release without legal advice — once signed, these are legally binding and typically extinguish further claims.
- Get legal advice early — particularly if the insurer classifies your injury as minor or disputes your entitlement to statutory benefits.
Who is Covered? Road Users Beyond Drivers
NSW CTP insurance covers all road users injured in a motor vehicle accident — not just drivers. This includes:
- Passengers in a vehicle, including those in the at-fault vehicle;
- Pedestrians hit by a vehicle;
- Cyclists struck by a motor vehicle;
- Motorcycle riders and pillion passengers.
Even if you were in the at-fault vehicle, you are still entitled to statutory benefits. Common law damages require that you were not mostly at fault.
Practical Takeaways
- Lodge your CTP claim promptly — ideally within 28 days of the accident.
- Seek medical attention immediately and document the accident connection clearly.
- Do not assume your injury is “minor” — get legal advice before accepting any insurer classification.
- Statutory benefits and common law damages are two separate pathways — both may be available to you.
- Do not sign anything from the CTP insurer without legal review.
- Even if you were partially at fault, you likely still have access to statutory benefits.
How Gajic Lawyers Can Help
Gajic Lawyers has been handling NSW CTP claims for over 30 years. We are experienced in challenging minor injury classifications, maximising statutory benefit entitlements, and pursuing common law damages for seriously injured road users. We work on a No Win No Fee basis. Our fully paperless, technology-driven practice means you can manage your claim from home, whether you are in Sydney, Parramatta, Cabramatta, or anywhere in NSW.
