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A guide for people injured in motor accidents in NSW

This fact sheets provides information for people injured on NSW roads on or after 1 December 2017. It includes information on what you can claim, what you need to do, what you need to know, and who can help as well as information about treatment in a public hospital.

A PDF of this page is available for download.

On 1 December 2017, the NSW Government introduced a new compulsory third party (CTP) Green Slip scheme to better support people injured on NSW roads. The new scheme is focused on early support and recovery. This information applies to people who are injured in motor accidents in NSW on or after 1 December 2017.

Who can claim

Anyone who is injured in a motor vehicle accident in NSW can apply.

This includes at fault and not at fault:

  • drivers and passengers
  • riders and pillion passengers
  • pedestrians
  • cyclists.

The injury can be physical or psychological.

If your injury is a result of a motor accident that is also a work-related accident, you will also need to make a workers compensation claim against your employer’s workers compensation insurer. See claiming workers compensation for more information.

You cannot make a claim if you:

  • have been charged with or convicted of a serious driving offence in connection with the accident, or
  • were the at-fault driver of an uninsured vehicle and you knew the vehicle was uninsured.

What you can claim

You can claim up to six months of benefits for:

  • reasonable and necessary medical and treatment expenses
  • a percentage of your pre-accident weekly earnings if you need time off work because of your injuries (even if you are self-employed)
  • paid domestic and personal care if you need help while you recover.

Ambulance and much of your public hospital treatment costs are covered by the ‘Fund levy’ (which is funded by CTP premiums). You don’t need to make a claim for these costs to be covered by the Fund levy. Public hospital patients should read more below.

If you are not at fault, and if you have more than minor injuries, you can claim benefits beyond 6 months after the date of the accident.

You can’t claim for the cost of damage to vehicles or property.

What should you do

Get the details of the other vehicle and report the crash to police. While you have 28 days to do this, you should do it as soon as possible. This is an important way of proving that the accident happened. Read more.

Seek medical treatment and request a certificate of fitness from your doctor.

How to make a claim

To make a claim for personal injury benefits you can apply online using your Service NSW account.

You can also apply by completing the Application for personal injury benefits form (some hospitals also stock the form) and send or email it to the CTP insurer.

After you notify the insurer, you can contact them to request approval for some early treatment before you lodge your full claim.

This includes:

  • one GP visit
  • two treatment sessions, such as physiotherapy.

What you need to know

When should you lodge a claim?

You must lodge your claim within three months after the date of the accident, or within 28 days if you want to claim 'back pay' for loss of earnings from the date of the accident.

You will need to provide evidence of your pre-accident earnings such as payslips or a statement from your employer.

If you are self-employed, ask CTP Assist what documents you might need to provide the insurer. See ‘Who can help’ section below.

Getting better

The Injury Advice Centre provides easy to understand, practical information to help you recover after a motor vehicle accident.

Who can help

You, your family or friends can contact CTP Assist to:

  • find out if you are eligible to make a claim
  • find out who is the right CTP insurer and get in touch with that insurer to make a claim
  • get help filling out forms
  • ask questions during the claims process.

CTP Assist can also connect you to other support services, such as the CTP Legal Advisory Service.

You can contact CTP Assist by calling 1300 656 919 or emailing ctpassist@sira.nsw.gov.au

You can also seek advice from a lawyer if you wish.

Important information for public hospital patients

If you have been injured in a motor accident, the costs of your medical treatment are not covered by Medicare.

Who pays for my public hospital treatment?

Your ambulance and much of your hospital costs are covered by the Fund levy, regardless of whether you were at fault, or have made a claim.

Hospital costs covered by the Fund levy include:

  • accommodation
  • X-rays
  • blood tests
  • nursing.

There are certain hospital costs that are not covered by the Fund levy. This includes some doctors’ bills.

Who pays for my public hospital doctors’ bills?

Medicare does not cover people injured in motor accidents, and some public hospital doctors’ bills aren’t covered by the Fund levy. So, the doctor may send you a bill for their services.

For most people who make a CTP claim, the insurer will pay reasonable and necessary treatment and care costs related to the accident, including doctors’ bills.

If you don’t make a CTP claim, you will need to:

  • ask your private health insurer (if you have private health insurance) if they will pay the bill, or
  • pay the bill yourself.

If you have already made a claim (or notified the CTP insurer), tell the doctor and the hospital the name of the insurer and your claim or reference number so they can send the bill to the insurer.

If you have already made a CTP claim and you get a bill from the doctor, send the bill to the CTP insurer. If you are eligible and the treatment is reasonable and necessary, the insurer will pay for it; you won’t need to pay the bill.

If you haven’t already made a claim and you get a doctor’s bill, don’t worry – you can make a claim up to three months after the accident.

Should I make a CTP claim?

You decide if you want to make a CTP claim or not. Making a CTP claim means you can:

  • claim for reasonable and necessary treatment and care, such as seeing a physiotherapist or psychologist, as well as doctors’ bills, for up to six months and maybe longer if you need it (even if your injuries are minor injuries but the treatment and care will improve your recovery or capacity to return to work or your usual activities)
  • claim for loss of earnings if you need time off work, even if you are self-employed
  • get support recovering at work.

If you were not at fault for the accident, making a CTP claim will not affect your CTP insurance premium.

If you were at fault for the accident, this may affect your CTP insurance premium (depending on your CTP insurer), whether you claim or not. You can compare CTP Green Slip prices at www.greenslips.nsw.gov.au/price-check or contact your CTP insurer.

Remember: you must make your claim within three months of the accident, or within 28 days if you want to claim back pay for loss of earnings from the date of the accident. It’s best to submit your claim as soon as possible.