Who can make a CTP claim in NSW?

Most people hurt in a NSW motor accident

Anyone injured in a motor accident in NSW can generally make a CTP claim, including:

• drivers
• passengers, including in a friend's or family member's car
• motorcycle riders and pillion passengers
• pedestrians
• cyclists.

Your injury can be physical, psychological or both. You don't need to own a car to claim.

You don't need to live in NSW either. Anyone injured in a motor crash in NSW can claim under the NSW scheme, including people who live interstate.

Our guides cover accidents on or after 1 December 2017, which fall under the Motor Accident Injuries Act 2017.

If you were at fault

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.

"Mostly at fault" means your contributory negligence is found to be greater than 61%. See if you were at fault.

Children 16 or under

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.

Time limits still apply, so start the claim early. A parent or another family member can help with the form: see claiming for someone else.

Families after a death

If someone dies in a motor crash in NSW, CTP insurance covers reasonable funeral expenses regardless of fault. The deceased person's legal personal representative (usually a close family member) can apply.

Close relatives who were financially dependent on the person who died may be able to claim compensation. This generally depends on the deceased not being mostly at fault.

Trauma and grief support is available straight away through SIRA's CTP Assist line, 1300 656 919. See after a death.

If the vehicle drove off or wasn't insured

If you were injured by an unidentified vehicle (for example a hit-and-run) or an uninsured vehicle, you can claim against the Nominal Defendant, a NSW Government-backed fund that stands in for the missing insurer.

For an unidentified vehicle, you must make "due inquiry and search" to try to identify it, for example by reporting to police and speaking to witnesses. See hit-and-run and uninsured vehicles.

When you may not be covered, or another scheme applies

• The crash happened outside NSW. NSW statutory benefits are only for crashes in NSW. What you can claim depends on the law where the crash happened. See interstate accidents.
• No motor vehicle was involved. CTP covers injuries from motor accidents, so ask us if you're not sure a vehicle counts.
• You were hurt at work, including driving for work. If you were hurt at work (including driving for work), it's usually a workers compensation claim, which is a different scheme. We can point you to the right help. See driving for work.
• The accident was before 1 December 2017. Older accidents fall under the Motor Accidents Compensation Act 1999, which works differently. Talk to us, or to a lawyer.

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

Not sure?

Our Can I claim? check takes about a minute and is anonymous. It points you to a likely next step. It isn't a decision about your claim: only the insurer decides that.

How long your benefits last can also depend on your injury. See threshold injury.

Check the current rules

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