By Michael Singh · 8 Min Read · If you've been involved in a car accident in NSW, the CTP (Compulsory Third Party) scheme applies — this is the green slip insurance every registered vehicle must carry. Under the Motor Accidents Injuries Act 2017 (MAIA), you're entitled to statutory benefits regardless of fault, and potentially common law compensation if your injury is serious.
1. Get safe and call 000 if anyone is injured
Move vehicles off the road if safe, turn on hazard lights, and call 000 immediately if anyone is injured, unconscious, or trapped. Do not move injured people unless they are in immediate danger.
While waiting for emergency services, note witness details and photograph the scene, vehicle positions, damage, and road conditions.
2. Exchange details — including the CTP insurer
You are legally required to exchange name, address, licence number, vehicle registration, and CTP insurer details. The CTP insurer is shown on the green slip, usually kept in the glovebox or on the rego papers.
- Green slip — certificate identifies the insurer
- SIRA's website — search by rego at sira.nsw.gov.au
- Nominal Defendant — if the vehicle was unregistered or the driver fled
3. Report to police
In NSW you must report an accident to police if anyone was injured, a vehicle can't be driven from the scene, there is a liability dispute, or the other driver failed to stop. Even if none apply, a police report creates an independent record that strengthens your claim.
4. See a doctor as soon as possible
Attend a GP or emergency department even for minor pain. Under MAIA, your entitlement to statutory benefits — including treatment funding and income replacement — is linked to your medical treatment. A medical certificate from your treating doctor is required to activate benefits. The earlier you're assessed, the stronger your claim record.
Many injuries, including whiplash and concussion, are not immediately apparent. Delayed treatment gives insurers grounds to dispute causation.
5. Notify the CTP insurer within 28 days
Under MAIA, notify the at-fault driver's CTP insurer as soon as practicable — ideally within 28 days. This is not a hard cutoff for all claims, but notifying early triggers the insurer's obligation to fund treatment, creates a formal record, and avoids disputes about delay.
6. Lodge your claim form within 3 months
- Accident Notification Form (ANF) — brief initial notification, can be lodged at any stage
- Personal Injury Claim Form — must be lodged within 3 months of the accident or 3 months after first receiving treatment, whichever is later
Missing the 3-month deadline can cost you early benefits. Extensions exist in genuine cases but don't rely on them.
7. Be careful with early settlement offers
Insurers may offer to fund treatment early — that's appropriate. But be cautious about settling your entire claim before your injuries stabilise. Under MAIA there are two separate pathways: statutory benefits (no-fault, for everyone) and common law damages (fault-based, for non-minor injuries). Settling too early can significantly undervalue your claim.
Frequently Asked Questions
What should I do immediately after a car accident in NSW?
Check for injuries and call 000 if anyone needs emergency assistance. Move to a safe location off the road if possible, and switch on hazard lights. You must exchange your name, address, and vehicle registration details with all involved drivers — this is a legal requirement in NSW. Photograph vehicle positions, damage, road markings, and any visible injuries before the scene is cleared. Report the accident to NSW Police if anyone is injured, a vehicle is towed, or a driver fails to exchange details. See a doctor within 24–48 hours even if you feel well — whiplash and concussion symptoms often emerge two to three days later and require a contemporaneous medical record to support your claim.
How do I make a CTP claim after a car accident in NSW?
NSW CTP claims are governed by the Motor Accidents Injuries Act 2017 (MAIA) and regulated by SIRA (the State Insurance Regulatory Authority). Notify the CTP insurer of the at-fault driver within 28 days of the accident to access up to $5,000 in early treatment funding. Lodge a personal injury claim form within 3 months of the accident — this can be done through SIRA’s online portal or directly with the insurer. The insurer will assess your injuries, begin weekly payments if you are off work, and manage medical expenses. If your injuries are classified as non-minor, you may also qualify for common law damages in addition to statutory benefits.
What is the difference between statutory benefits and common law compensation in NSW?
Statutory benefits are available to all injured road users under MAIA regardless of fault. They cover medical expenses and a percentage of lost income — generally up to 95% for the first 13 weeks, then 80% up to a weekly cap. Common law compensation is only available to people with non-minor injuries who can prove another party was at fault. Common law damages can include lump-sum payments for pain and suffering, loss of future earning capacity, and future care costs — often significantly higher than statutory benefits alone. You cannot access common law damages until SIRA issues a certificate of determination, which typically occurs around 20 months after the accident date.