Last updated · General information, not legal advice
Overview
If you caused, or partly caused, the accident that injured you, it's easy to assume you have no claim at all. That's rarely true under the NSW CTP scheme, which was built to give injured people access to treatment and income support more broadly than a traditional fault-based system would. What changes when you're at fault isn't whether you can claim, but for how long, and whether common law damages — the lump sum claim — is on the table at all.
Key points
- Being at fault does not automatically rule out statutory benefits
- Wholly or mostly at-fault drivers can generally claim treatment and weekly payments for up to 52 weeks
- "Mostly at fault" means contributory negligence found to be greater than 61%
- Common law damages are not available if you're wholly or mostly at fault
- Children 16 and under can get treatment and care for as long as they need it, regardless of fault
Your situation
Work out where you stand
How we help
A free claim check helps you understand what may still be available to you as an at-fault or partly-at-fault driver, without you having to guess. We'll look at the accident circumstances and explain the 52-week benefit period and what happens after it. If the fault finding itself is disputed, or your situation is more complex than a clear-cut at-fault accident, we'll connect you with an independent lawyer who can advise on your specific position. Whatever your fault position, getting the right treatment matters just as much as understanding your benefits — a doctor experienced with CTP claims, and allied health such as physio, can help with both your recovery and your Certificate of Fitness. See doctors and allied health for CTP claims for help finding the right providers.
What this means
Under the Motor Accident Injuries Act 2017, 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 after the accident (for accidents from 1 April 2023; the limit was 26 weeks for accidents between 1 December 2017 and 31 March 2023). "Mostly at fault" means your contributory negligence is found to be greater than 61%. If you were only partly at fault, benefits can continue beyond 52 weeks, although weekly payments after that point may be reduced for contributory negligence. Common law damages — the lump sum claim — are not available if you were wholly or mostly at fault. Children who were 16 or under at the time of the accident can receive treatment and care for as long as they need it, regardless of fault.
This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.
