The accident happened between 1 December 2017 and 31 March 2023

This information is for people injured on NSW roads between 1 December 2017 and 31 March 2023.

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 threshold 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.

Income support payments

If you are injured in a motor accident and as a result you have a loss of earnings, you may be entitled to income support payments.

Regular income support payments compensate you for some of the income you have lost because of your injury. If you're off work these payments will help pay the bills, so you can focus on getting better.

These payments will be a percentage of your pre-accident earnings:

for the first 13 weeks the maximum is 95 percent
after 14 weeks the maximum is 85 percent (depending on whether you have total or partial loss of earning capacity)

Most people recover within six months. After six months your income support payments will end if:

you were at fault / most at fault or
your injuries are assessed as 'minor' (as defined in the legislation).

Medical expenses

If you need (or think you'll need) more than two treatment sessions, it's important to submit a claim for personal injury benefits.

The insurer may pay for all reasonable and necessary expenses for injury resulting from the accident. This includes:

medical, dental and pharmaceutical expenses
rehabilitation and treatment expenses (like physiotherapy)
the cost of travelling to and from appointments
in some cases support services (like personal care and help around the home).

Early treatment

You might not need to lodge a claim to receive early treatment. Once you notify the relevant insurer, they can approve a GP visit and two treatment sessions such as for physiotherapy without further documents.

Use the online accident notification system CTP Connect to get in touch with the right insurer.

Contact CTP Assist on 1300 656 919 or [email protected] for more information.

Personal injury benefits and contributory negligence

Personal injury benefits

In NSW, people injured in a motor vehicle accident can receive personal injury benefits, known as statutory benefits, regardless of whether they’re at fault. These benefits are paid for up to 26 weeks and cover income support, medical expenses and vocational rehabilitation programs.

Three months after the claim is made, the insurer decides whether to continue payments after 26 weeks. When it makes this decision, the insurer assesses whether the injured person was at all to blame for their own injuries - in other words, whether there was any contributory negligence.

Contributory negligence

Contributory negligence is expressed as a percentage. If an insurer assesses contributory negligence at 61% or more, the injured person is deemed to be ‘mostly’ at fault, limiting the payment of benefits to 26 weeks from the date of accident. If the insurer finds contributory negligence under 61%, the injured person can continue to receive financial benefits at a reduced amount.

An injured person may have an entitlement to make a damages claim, which is an additional claim for a lump sum payment which injured people can make when they’ve suffered more serious injuries and were not wholly at fault for the accident. A final agreed contributory negligence on the claim will result in reduced settlement amount for the injured person.

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.

Timeframes to make 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 day after 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.

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.

CTP claims and CTP Assist

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 online 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.

Online claim

You can lodge a CTP claim for personal injury benefits online. To support your claim, you will need:

The police event number.
Details of your injuries, medical treatment received and receipts for medical expenses.
Your certificate of fitness or medical certificate.
Proof of earnings, such as pay slips, from before and after the accident.

New applicants

For new applicants applying for personal injury benefits, you need to:

Create your new MyServiceNSW Account or log in with your current MyServiceNSW Account using the link below. Then under ‘My Services’, add the ‘Motor accident injury claims (CTP insurance) service’.
Follow the prompts.
Complete the application for personal injury benefits.
Upload the documents to support your claim.

Returning users

If you've previously used SIRA’s ‘Motor accident injury claims (CTP insurance) service portal’, you can log in directly with your MyServiceNSW Account.

Note: By logging in, you consent to sharing your name and email address in your MyServiceNSW Account with SIRA.

Applying by email or post

Fill out the form: You need to complete the application for personal injury benefits form. Provide as many details about the accident as you can, including the police event number, details of your injuries and what medical treatment you've already received.
Attach documents: Any documents or information that helps the insurer to assess the claim can be included. This should include your certificate of fitness and receipts from your medical expenses, as well as proof of earnings, such as your pay slips (photos are ok).
Send to the insurer: By email or by post (registered post will help you track the day the claim form was delivered to the insurer).
CTP Assist is here to help: Contact us between 8.30 am and 5 pm on 1300 656 919 or [email protected]. If you leave a voice message or email after hours, we will call you back the next business day.

What happens next?

Contact you: The insurer will contact you within three days after you lodge a claim. They will confirm they have received your application and will outline the next steps in the process. They should also provide a claim number and their contact details. If you need immediate medical treatment ask the insurer to explain what you should do next (including how you can be reimbursed for your medical expenses so far). Also see our pages in the Injury Advice Centre for information to help you recover from certain types of injuries.
Investigate: The insurer will investigate your claim including reviewing the police report and other evidence such as medical reports from your treating doctor / health professional. The insurer may ask you to see other medical specialists.
Make a decision: The insurer must tell you within four weeks of the claim being made if they're accepting or denying the claim. If the insurer denies liability they need to give a full explanation of their reasons. This must include the consequences of their decision (including the effects on your entitlements and when it will take effect), copies of the information they used in making the decisions, how you can seek a review the decision, and where to go for further help in understanding what to do next.
Payments: The insurer will start making payments to you within 14 days if they accept your claim. Most people will also need to start a recovery plan. A recovery plan is designed to return you to full pre-accident activities as soon as possible. It is prepared in consultation with you, your doctor and any relevant treating practitioners. Talk to the insurer for more information.

CTP Assist

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 [email protected]

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

Please see our disputes section to see which matters can be examined by the Personal Injury Commission.

Declined claim

If your claim is declined, you can request an internal review by the insurer. This is where another person within the insurer (who was not involved in the original decision or action) is asked to review your claim and make a new decision and provide a response.

You only have 28 days to request an internal review by the insurer.

If you are not satisfied with the outcome you may make an application to the Personal Injury Commission for an independent review or get in touch with our CTP Legal Advisory Service through CTP Assist.

CTP Assist is here to help. Contact us between 8.30 am and 5 pm on 1300 656 919 or [email protected]. If you leave a voice message or email after hours, we will call you back the next business day. You can also visit disputes.

If you would like to make a claims complaint about an insurer (not relating to a decision), please get in touch with the Independent Review Office (IRO) on 13 94 76 (Monday to Friday, 8:30am-5:30pm).

Taxation

Please note: The information on this page is general guidance only and does not constitute professional tax advice. Seek professional tax advice specific to your situation.

First, check this quick guide to weekly benefits and tax to find out when the insurer will withhold tax from your weekly payment of statutory benefits.

When will my tax be withheld?

When	Type of resident	Will tax be withheld?	Rate at which tax will be withheld
0-78 weeks after your accident	Australian residents (except for at fault CTP policy holders)	Yes	Applicable individual income tax rates
	CTP policy holder for the vehicle the claim is lodged against	No
	Overseas residents	Yes	Applicable foreign resident income tax rates or working holiday maker tax rates
After 78 weeks from your accident	Australian residents	No – weekly benefits calculated on a net amount per week with no tax remitted to the ATO.
	Overseas residents	No – weekly benefits calculated on a net amount per week with no tax remitted to the ATO.
No tax file number declaration	Australian residents	Yes, weeks 0-78 after the accident	Top rate of tax plus Medicare levy
	Overseas	Yes, weeks 0-78 after the accident	Applicable foreign resident income tax rates

Why do I need to complete a tax file number declaration after a motor accident injury?

If you were injured in an accident and are eligible to receive weekly payments of statutory benefits, your insurer will send you an Australian Taxation Office (ATO) tax file number (TFN) declaration for you to complete and return. The TFN declaration can also be downloaded from the ATO website.

This declaration allows the insurer to withhold, from your weekly payments, the correct amount of tax. They will also withhold the following study and training support loans if you have any:

Higher Education Loan Program
VET Student loan
Financial Supplement
Student Start-up Loan
Trade Support Loan

You need to complete your declaration before you start to receive weekly payments for statutory benefits. If you don't complete the declaration and return it to the insurer before weekly payments begin, the insurer is required by law to withhold the top tax rate (currently 45%) plus the Medicare levy from all payments made to you.

Note: Some people are exempt from providing a TFN declaration – see the ATO website for more information.

Note: All information collected in the declaration, including personal information, is treated confidentially by the insurer in line with all applicable privacy and data protection legislation, including the Motor Accident Injuries Act 2017 (NSW) and the Privacy Act 1988 (Cth).

Why does the insurer withhold tax from my weekly payment of statutory benefits and remit it to the ATO?

After a motor vehicle accident, you may be eligible to receive weekly payments of statutory benefits if you have a partial or total loss of earnings. Payment for loss of earnings may be made for up to 78 weeks after the date of the accident. The first 13 weeks is the 'first entitlement period' and weeks 14-78 are the 'second entitlement period'. The ‘third entitlement period’ refers to the period after 78 weeks.

According to the Commissioner for Taxation, weekly payments up to the end of week 78, are payments for loss of earnings. This means, until the end of week 78 (that is, for the first and second entitlement periods), the insurer may withhold tax from your payments to remit to the ATO.

If you are eligible to receive weekly payments of statutory benefits for total loss of earnings as a result of your motor accident, the insurer will calculate the amount of your weekly payment, taking into account any applicable tax-free threshold. As these weekly payments are a replacement of your loss of earnings, the insurer will withhold the applicable taxation amount as at the time of payment.

If you are eligible to receive weekly payments of statutory benefits for partial loss of earnings, the insurer will generally calculate the amount of your weekly benefits as though they are your 'second employer’. They will not take into account the tax-free threshold, which would instead be applied by your employer. The insurer may still apply the tax-free threshold if you make a request on the TFN declaration and confirm that your employer is not applying the tax-free threshold to the amount you receive from them.

If you indicated on your TFN declaration that you have a study and training support loan, the insurer will withhold an additional amount from your weekly benefits as an additional tax instalment.

If you are an overseas visitor or you are not an Australian resident for taxation purposes, the insurer will withhold the applicable 'non-resident tax rate'.

If you have a taxation arrangement other than the marginal taxation rates, for example Australian Defence Force personnel, and you're unsure about how your tax is calculated, you should contact the insurer or the ATO for advice.

As the insurer is making payments for loss of earnings, they will issue you with a 'PAYG payment summary' at the end of each financial year.

What if I am the CTP policy holder for the vehicle the claim is lodged against?

If you are injured in an accident and you are the CTP policy holder of the claim the vehicle is lodged against, the insurer will not withhold tax from your weekly benefits payments. If you have any questions about the taxation implications, contact the insurer or the ATO to discuss.

What happens after 78 weeks?

If you are eligible to receive weekly statutory benefits payments after 78 weeks also referred to as after the second entitlement period, the insurer will calculate your entitlement to statutory benefits for loss of earning capacity on a net amount per week and will not remit a sum for tax to the ATO. The Commissioner for Taxation advice is that the weekly statutory benefit for loss of earning capacity in the period is regarded as a capital asset rather than income. Therefore, there is no tax component to be remitted to the ATO in respect of these payments. (see also Allianz Australia Insurance Ltd v Jenkins [2020] NSWSC 412).

Any payments of weekly compensation for loss of earning capacity for periods after the second entitlement period will not be included in the 'PAYG payment summary' issued at the end of the financial year.