A person injured in a motor vehicle accident can make a claim, however the compensation and benefits available are different depending on the circumstance.
Our Claims Advisory Service can help you make a claim for your injuries and give you further information on the CTP Scheme.
Not at fault
If you’re a person injured (but not wholly at fault) in a motor vehicle accident, you can make a claim for a range of benefits including:
- treatment, rehabilitation and care,
- economic loss
- pain and suffering (in some circumstances)
An injured person can include:
- you (the driver)
- your passengers
- someone else driving your vehicle
- driver and passengers in another vehicle
- motorbike riders and pillion passengers
- cyclists, pedestrians and other road users
If you’re the driver at fault in a crash and are injured, the Green Slip provides limited cover. It covers the first $5000 of treatment costs and lost income incurred in the first six months after an accident.
Partly at fault
If you are found to be partly at fault for your injuries you may still access the benefits, but your compensation could be reduced. This is called ‘contributory negligence and may impact your claim if, for example, you were:
- driving at an unsafe speed
- travelling in a vehicle when you knew the driver was affected by alcohol or drugs
- not wearing a seatbelt
- not wearing a helmet on a motorcycle or bicycle
- under the influence of alcohol or drugs
You may be eligible for special provisions in some cases. These can include:
All children under 16 who are residents of NSW and injured in motor accident in NSW are covered by a Green Slip, regardless of who is at fault.
You may be able to claim benefits if a close relative dies in an accident caused partly or completely by another driver.
Our guide for people who have lost a relative in a motor vehicle accident has more information.
Anyone who sustains a severe injury (such as a spinal cord or brain injury) is provided with treatment, care and support regardless of who is at fault.
This is provided by icare and funded through a levy on Green Slips. Those supported by icare who were not at fault in the crash may also make a CTP claim for economic and non-economic loss.
Where no driver is at fault in a motor accident, those injured (except for the driver of the vehicle that caused the accident) may be covered through their Green Slip.
Examples of a ‘blameless’ accident could be when the vehicle has an unexplained failure or a driver has a stroke and causes an accident.
What you can’t claim for
You can’t claim for the cost of damages to vehicles or property.