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CTP Benefits in NSW: What You Can Claim After a Crash

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Quick answer

  • Anyone hurt in a NSW crash can apply for statutory benefits (weekly payments plus treatment and care), whoever was at fault, though there are exceptions.
  • Weekly payments are up to 95% of pre-crash earnings for the first 13 weeks, then up to 85%. Threshold injuries such as whiplash, and claims by people mostly at fault, are limited to 52 weeks.
  • A lump sum (common law damages) is only open to people with a non-threshold injury who weren't mostly at fault, and has its own deadlines.

You were hurt in a crash, you can't work for a while, and the physio bills are adding up. In NSW, the CTP insurance on every registered vehicle (the green slip) is what pays for that kind of loss, and it can pay even if the crash was your fault. How much you get, and for how long, depends on how badly you were hurt and how much of the crash was down to you. We checked the rules below against SIRA pages and the Motor Accident Injuries Act 2017 on 30 October 2026.

GreenSlipInsurance.com.au is a general information site operated by Dominet BV. This page is general information only and is not financial, legal or insurance advice. It does not consider your objectives, financial situation or needs. We are not an insurer or broker, we don't sell green slips and we don't recommend any insurer. SIRA (the State Insurance Regulatory Authority) is the official source of green slip information in NSW, so check its website or your insurer before you act. Facts were checked on 30 October 2026. Read our general information notice. Benefit rules depend on the crash date and your injury, and the insurer decides your claim, so use SIRA's pages for your own situation.

Two kinds of payment

The NSW scheme pays in two different ways, and it helps to keep them apart from the start.

Statutory benefits are the ongoing support: weekly payments to replace lost earnings, plus treatment and care. SIRA says anyone injured in a motor crash can apply for them, regardless of who was at fault. There are exceptions, which we cover below.

Common law damages are a lump sum. They're only open to people with a more serious (non-threshold) injury who weren't mostly at fault, and they're claimed separately.

Drivers, passengers, riders, pillion passengers, pedestrians and cyclists can all claim. If the crash happened while you were working, you'll also need a workers compensation claim. The steps for lodging are in our CTP claims guide.

Weekly payments

Weekly payments replace part of what you earned before the crash. They're based on your pre-crash earnings and on how much work you can still do, so two people with the same injury can get different amounts.

SIRA's "What you can claim" page and sections 3.6 and 3.7 of the Act set the rates:

Period after the crashRate of pre-crash earnings
Weeks 1 to 13Up to 95%
Weeks 14 to 7880% if you can't work at all, 85% if you can do some work
After week 78Set by a different formula in section 3.8

SIRA sums up the second period as "up to 85% from 14 weeks, depending on your earning capacity". There's also a maximum weekly amount. Section 3.9 of the Act says it's indexed every 1 October, so check SIRA or your insurer for the current figure rather than relying on an old one.

Timing matters here. SIRA says you need to get your claim to the insurer within 28 days of the crash to be paid back to the date of the crash. Lodge later and the weekly payments only start from the date you claim.

Treatment and care

Statutory benefits also cover the reasonable cost of treatment and care, which SIRA describes as medical and treatment expenses plus domestic and personal care services. This is separate from weekly payments. You can get treatment covered even if you weren't earning before the crash.

You don't have to wait for a claim to get started. SIRA's medical expenses page says the insurer can approve a GP visit and two treatment sessions before a claim is lodged. Anything beyond that needs a claim form.

Threshold injuries

This is the classification that shapes most claims. Before 1 April 2023 the scheme called these "minor injuries". SIRA now calls them threshold injuries, so you'll see both terms around.

SIRA's threshold injury guide lists two types:

  • Soft tissue injuries, such as muscle strains and whiplash. Whiplash is the most common soft tissue injury after a crash.
  • Threshold psychological or psychiatric injuries. In general, a psychological injury that isn't a recognised psychiatric illness is a threshold injury. Adjustment disorder and acute stress disorder are also counted as threshold injuries.

SIRA gives examples of injuries that are not threshold injuries: fractures, nerve injuries, complete or partial ruptures of a tendon, ligament, cartilage or meniscus, and diagnosed illnesses such as depression or post-traumatic stress disorder.

The classification is based on the diagnosis, not on how much pain you're in. If you have a threshold injury only, SIRA says benefits are available for up to 52 weeks after the crash. Section 6.19 of the Act gives the insurer 9 months from your claim to tell you whether it accepts liability for benefits after the first 52 weeks, so that's usually when you'll know where you stand.

If you were mostly at fault

"Regardless of fault" has limits. Under sections 3.11 and 3.28 of the Act, if the crash was caused mostly by your fault, weekly payments stop after 52 weeks and so does cover for treatment and care (the treatment limit applies to adults). "Mostly at fault" has a precise meaning: your contributory negligence is greater than 61%.

If you were partly at fault but not mostly, your weekly payments after 52 weeks can be reduced for contributory negligence (section 3.38).

Two groups get no statutory benefits at all:

  • the at-fault driver or owner of an uninsured vehicle (section 3.36)
  • a person charged with or convicted of a serious driving offence connected to the crash (section 3.37)

How long payments last

If you're not limited to 52 weeks, section 3.12 of the Act sets the next cut-off. Weekly payments generally stop after 104 weeks unless you have a claim for damages pending. Where a damages claim is pending and your permanent impairment is greater than 10%, the limit is 260 weeks, which is five years.

SIRA's CTP Care page confirms the outer edge: weekly payments cease 5 years from the date of the crash. Treatment and care is different. If you still need it after five years (or earlier in some cases), responsibility moves from your CTP insurer to CTP Care, which the Lifetime Care and Support Authority runs.

Lump sum compensation

SIRA's lump sum page says you may be eligible for compensation if you have a non-threshold injury and weren't mostly at fault. There are two types:

  • Economic loss: past and future loss of earnings, some accommodation and travel costs linked to the injury, and the cost of managing the lump sum.
  • Non-economic loss: compensation for permanent impairment. Section 4.11 of the Act says this is only payable if your permanent impairment is greater than 10%.

The amount can be cut for contributory negligence, and SIRA's own example is not wearing a seatbelt.

Two deadlines apply. A damages claim must be made within 3 years of the crash (later claims need a satisfactory explanation). And if you want your weekly payments to continue beyond 2 years, SIRA says the damages claim has to be lodged within 2 years of the crash.

Where the money comes from

Part of the price of every green slip goes to the Fund Levy, which SIRA sets and shows separately on your invoice. According to SIRA's How prices are set page (updated 15 January 2026), it funds three things:

  • the Motor Accidents Operational Fund: public hospital and ambulance care for anyone injured on NSW roads, plus scheme administration, CTP Assist and the Personal Injury Commission
  • the Lifetime Care and Support Fund: lifetime care for people severely injured, regardless of fault
  • the Motor Accident Injuries Treatment and Care Benefits Fund: treatment and care beyond five years for people injured through no fault of their own

Our green slip cost guide shows how big each part of the levy is in 2026.

What this means for you

Four things decide what you can get: when the crash happened, how your injury is classified, how much you can still work, and how much of the crash was your fault. A weekly rate on its own won't tell you how long support lasts or whether a lump sum is possible.

The deadlines are the part people most often miss. Claim within 28 days to be paid back to the crash date, and within 3 months to claim statutory benefits at all (section 6.13 of the Act allows late claims only with a full and satisfactory explanation). If a lump sum is possible, keep the 2 year and 3 year dates in mind. SIRA's CTP Assist service and the free CTP Legal Advisory Service can help with your own claim.

Frequently asked questions

Can I get CTP benefits if I caused the crash?

Often, yes. Statutory benefits are available regardless of fault, but if you were mostly at fault (more than 61% contributory negligence) weekly payments and treatment stop after 52 weeks. There are no statutory benefits for an at-fault driver of an uninsured vehicle or for someone charged with a serious driving offence.

Does whiplash count as a threshold injury?

Yes. SIRA lists whiplash as the most common soft tissue injury after a crash, and soft tissue injuries are threshold injuries. Your insurer makes the classification based on your diagnosis.

What's the difference between a minor injury and a threshold injury?

It's the same idea under a new name. SIRA says "minor injury" was renamed "threshold injury" from 1 April 2023.

How much are CTP weekly payments?

Up to 95% of your pre-crash earnings for the first 13 weeks, then 80% or 85% (depending on whether you can do some work) up to week 78, subject to a maximum weekly amount that's indexed each 1 October.

Can I get a lump sum for a threshold injury?

No. SIRA says lump sum compensation is for people with a non-threshold injury who weren't mostly at fault. Compensation for non-economic loss also needs permanent impairment greater than 10%.

Does CTP pay for damage to my car?

No. CTP covers injuries to people, not damage to vehicles or property. Our cover types guide explains what does.

Related guides

Sources

  1. What you can claim, SIRA

    primary source. Accessed

  2. Medical expenses, SIRA

    primary source. Accessed

  3. Understanding threshold injury, SIRA

    primary source. Accessed

  4. Lump sum compensation (common law damages), SIRA

    primary source. Accessed

  5. CTP Care for long-term injuries, SIRA

    primary source. Accessed

  6. Motor Accident Injuries Act 2017 (NSW), current version, NSW Legislation

    primary source. Accessed

  7. How prices are set, SIRA, updated 15 January 2026

    primary source. Accessed

  8. For individuals and their families, SIRA, updated 19 December 2024

    primary source. Accessed