Can I claim if the accident was my fault?

Often, yes — at least in part. Most injured people can claim statutory benefits (treatment and care, and weekly payments) regardless of fault. If you were wholly or mostly at fault, those benefits are generally limited to the first 52 weeks (for accidents from 1 April 2023; the limit was 26 weeks for earlier accidents), and you can't claim common law damages. "Mostly at fault" means contributory negligence greater than 61%. A free claim check can help you understand where you may stand before you assume the worst.

I was driving a work vehicle — does that change my claim?

It can. If you were driving for work, you generally need to claim workers compensation through your employer's insurer first, and CTP statutory benefits are generally not payable where workers compensation is available. You may still be able to claim common law damages against the at-fault driver's CTP insurer. Getting the pathway right early matters, so this is worth putting to a specialist lawyer.

How soon should I lodge a CTP claim as a driver?

As soon as you reasonably can. To have weekly payments back-paid to the day after the accident, insurers generally need your claim within 28 days; you can still claim up to 3 months after the accident, but payments may only start from the date you claim. Beyond 3 months, claims are only accepted in limited circumstances.

The insurer says I was at fault — can I challenge that?

Yes. An insurer's fault decision isn't the last word, and it can be based on an incomplete picture. If you disagree with most insurer decisions, you can ask for an internal review, generally within 28 days of receiving the decision, and if that doesn't resolve it, apply to the Personal Injury Commission. A lawyer can help you gather the evidence — dashcam footage, witness accounts, the police report — that actually moves a fault finding.

Injured Driver CTP Claims NSW — What You Can Claim

Last updated 24 September 2026 · General information, not legal advice

Overview

If you were driving when the accident happened — your own car, a work vehicle, or someone else's — you can generally make a CTP claim against the other driver's Green Slip insurer, or in some cases against your own. Drivers are one of the few claimant types where fault genuinely changes what you can claim: not-at-fault drivers have access to the full range of benefits and, where the injury is serious enough, common law damages. At-fault drivers still have real entitlements, just narrower ones. Sorting out where you sit early makes a real difference to how your claim runs.

Typical injuries & claim issues

Whiplash and neck injuries — among the most common driver injuries, and often classified as a threshold injury
Back and spinal injuries from the impact or bracing before a crash
Wrist, hand and shoulder injuries from gripping the wheel on impact
Chest and rib injuries from seatbelt loading
Concussion and head injuries in higher-speed collisions
Psychological injuries, including driving anxiety, which can be assessed alongside physical injuries

Free claim check

Not sure what you can claim?

Start my free claim check (02) 7238 7379

How we help

We're not a law firm and we don't charge you anything to look at your claim. Tell us what happened — who was involved, what the insurer has said so far, and how your injuries are affecting you — and we'll explain where your claim sits under the CTP scheme, including how fault is likely to be treated. If a specialist motor accident lawyer would genuinely help (a dispute, a serious injury, benefits being cut off), we'll connect you with one. If you don't need a lawyer yet, we'll tell you that too. That's the legal side — just as often, what you need most is the right treatment. A doctor experienced with CTP claims, and physio or other allied health where it's relevant, is central to both your recovery and your claim, and we can point you toward doctors and allied health for CTP claims.

CTP eligibility

Most drivers can claim statutory benefits (weekly payments and treatment and care) regardless of fault, at least for an initial period. If you were not wholly or mostly at fault, those benefits can continue longer, and you may also be able to claim common law damages if your injury is more than a threshold injury (previously called a "minor injury"). Damages can cover past and future loss of earnings and, only if your whole person impairment is more than 10%, pain and suffering. If you were wholly or mostly at fault (contributory negligence greater than 61%), weekly payments and treatment and care are generally limited to the first 52 weeks, and common law damages are not available.

This is general information, not legal advice. Rules depend on your accident date, injury and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.

Key points

Fault affects your claim, but it rarely rules you out of statutory benefits entirely
Not-at-fault drivers with a non-threshold injury may be able to claim common law damages
Claim promptly — to get weekly payments back-paid, insurers generally need your claim within 28 days
"Mostly at fault" means contributory negligence found to be greater than 61%
A free claim check costs nothing and doesn't commit you to anything

Frequently asked questions

Get your CTP claim checked

Denied, cut off, disputed, or just not sure what you're entitled to? Tell us what's happened and we'll talk it through in plain English.

We look at where your claim is up to — the insurer's decisions, the time limits, and what's in dispute.

If your case calls for a lawyer, we can connect you with an independent specialist CTP lawyer. You choose whether to go ahead.

If what you need is treatment rather than a lawyer, we'll say so — and refer you to a doctor or allied health provider.

Free, with no obligation. Many claims never need a lawyer — if yours doesn't, we'll tell you.

Injured as a Driver in a Motor Vehicle Accident