Who can apply
If you have a non-threshold injury (are more seriously injured) and were not mostly at-fault in the crash that caused your injury, you may be eligible for lump sum compensation.
What you can claim
There are 2 types of lump sum compensation:
- damages for economic loss, and
- damages for permanent impairment of the injured person (non-economic loss).
Your compensation may be reduced for contributory negligence if you were partly at fault for the crash or your injuries, such as not wearing a seatbelt.
For detailed information on contributory negligence and how it might affect your entitlements, please refer to our Contributory negligence guidance note.
Economic loss is usually defined as:
- damages (or reimbursement) for past economic loss due to loss of earnings
- damages for future economic loss due to the continuing impairment of earning capacity
- damages for costs relating to accommodation or travel incurred or likely to incur due to injury (not involving the cost of treatment or care)
- damages for the cost of the financial management of any lump sum compensation awarded.
Refer to the Motor Accidents Injuries Act 2017 for a full definition.
Non-economic loss is compensation for pain and suffering, loss of quality of life, reduced life expectancy and disfigurement. It can only be claimed if the degree of permanent impairment caused by a motor crash is more than 10%.
Common law claims and weekly income payments
A claim for common law damages must be made within 3 years of the date of the motor crash. However, to continue receiving weekly payment benefits beyond 2 years, your common law damages claim must be lodged within 2 years of the motor crash. If you are making a claim for common law damages more than 3 years after the motor crash, you will need to provide a satisfactory explanation for the delay.
Note
Reasonable and necessary treatment and care benefits may continue after you settle your common law damages claim.
How to apply
Find out which insurer to claim with
If you don’t know which insurer to claim with, use SIRA’s CTP Connect tool to find out.
Fill out the form
Complete the application for damages under common law form. If you haven’t done so already, complete an application for personal injury benefits claim form. You may consider consulting a lawyer or contacting the Law Society of NSW for information about engaging a lawyer.
Attach documents
Provide all necessary documents so the insurer can assess your claim. This can include evidence of the crash (e.g., photos, police/ambulance reports), medical expense receipts, your Certificate of Fitness and proof of earnings (e.g., payslips/income statements).
Send to the insurer
Sign the declaration and authority to confirm your statements are truthful and send the forms to the insurer.
Medico-legal assessments
You may be required to undergo further medical assessments to obtain reports on the severity of your injury.
More information
Contact CTP Assist on 1300 656 919 or ctpassist@sira.nsw.gov.au for help with the claims process.
Updated 20 December 2024