If you were at fault: what you can still claim

You can usually still claim

Most injured people can claim statutory benefits regardless of who was at fault. If you were wholly or mostly at fault, your statutory benefits generally stop after 52 weeks, and your right to common law damages may be limited or unavailable. Any damages are reduced for your share of the fault. Get legal advice.

So if you caused the crash, you can usually still claim treatment and care, and weekly payments if your injuries affect your work, for a period. Lodge the same way, and on the same timeline, as anyone else: see how to make a CTP claim.

What "wholly or mostly at fault" means

"Mostly at fault" means your contributory negligence is found to be greater than 61%. Contributory negligence is your share of responsibility for the crash or your injuries.

The insurer makes the finding, based on the evidence. You can challenge it (see below).

What changes if you were wholly or mostly at fault

• Statutory benefits generally stop after 52 weeks for accidents on or after 1 April 2023. For accidents between 1 December 2017 and 31 March 2023, the limit was generally 26 weeks.
• Your right to common law damages may be limited or unavailable. Get legal advice before you assume either way.

If you were partly at fault

If you were partly at fault, you can generally claim as usual, but two things can change. Weekly payments after 52 weeks may be reduced for contributory negligence, for example not wearing a seatbelt. And any damages are reduced for your share of the fault.

Children

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. If you're claiming for a child, see claiming for someone else.

When no one was at fault

If no one was at fault (a "blameless accident"), special rules help make sure you're not disadvantaged. Examples include a collision with an animal on a public road, debris, poor road conditions, unforeseen mechanical failure, or a driver having a medical episode.

When a claim may not be accepted

In a few situations a claim may not be accepted. Talk to us and we'll help you check.

Which insurer to claim with

You claim against the CTP insurer of the vehicle that was at fault. If you were the at-fault driver, that's usually the CTP insurer of the vehicle you were driving.

If a claim goes to the wrong insurer, it is transferred to the right one and you don't have to give notice again. More in find your CTP insurer.

If you disagree with the fault finding

You can generally ask the insurer for an internal review within 28 days of receiving its decision. The insurer usually has 14 days to decide, or 21 days for some medical and fault-related matters, but never more than 28 days in total.

Give the insurer any evidence it didn't have, such as photos of the scene, dashcam footage or witness details.

If you're still unhappy, the Personal Injury Commission can decide disputes about fault and contributory negligence.

For statutory benefits questions, the CTP Legal Advisory Service can advise before or after an internal review. You check you're eligible through SIRA's CTP Assist line, 1300 656 919. If fault is disputed and a lot turns on it, an independent CTP lawyer can help.

Step by step: insurer decisions and reviews.

Check the current rules

Rules change. This page reflects the rules as we understand them in September 2026. General information, not legal advice.