What to Expect During the Motor Accident Claims Process



If you’ve been injured in a motor vehicle accident in New South Wales, it's crucial to understand how the claims process works under the Motor Accident Injuries Act 2017. While many people handle the early stages themselves, situations involving serious injury or disputes often require the guidance of Motor Accident Lawyers Sydney residents rely on for accurate legal advice.

Here’s what the process typically looks like:

1. Seek Medical Attention Immediately

Before anything else, get medical treatment. Even if your injuries seem minor, documentation from a health professional is essential both for your health and for your claim.

2. Report the Accident to Police

You must report the accident to NSW Police within 28 days if you want to make a claim. If police didn’t attend the scene, visit your nearest station or file online. This step is necessary to obtain a Police Event Number, which you'll need for your claim.

3. Notify the CTP Insurer

You must notify the at-fault driver’s CTP (Compulsory Third Party) insurer within 28 days using the Application for Personal Injury Benefits form. You can still submit a claim up to 3 months after the accident, but benefits may be reduced if you're late.

4. Lodging the Application for Personal Injury Benefits

This initial claim provides weekly income support, medical expenses, and rehabilitation costs for up to 52 weeks, even if you were at fault (in many cases).

To complete the form, you will need:

  • Police Event Number

  • Medical Certificate (Certificate of Fitness from your GP)

  • Your personal details and accident description

5. Insurer Response and Liability Decision

Within a few weeks, the insurer will:

  • Assign a case manager

  • Confirm eligibility for benefits

  • Decide whether you’re at fault or not

  • Classify your injury as minor or non-minor

This classification affects how long you can receive benefits.

6. Medical and Functional Assessments

You may be referred to independent medical assessments to:

  • Clarify the nature of your injuries

  • Determine whether they are minor (e.g., soft tissue) or serious (e.g., fractures, psychological injury)

These assessments impact both duration of benefits and eligibility for common law damages later.

7. Dispute Resolution (If Needed)

If you disagree with the insurer’s decisions—on fault, injury classification, or benefit duration—you can:

  • Request an internal review by the insurer

  • Then escalate to the Personal Injury Commission (PIC) for independent resolution

8. Common Law Damages Claim (If Eligible)

If your injuries are non-minor, and another driver was at fault, you may be eligible for a common law claim (lump sum compensation) for:

  • Pain and suffering

  • Loss of past and future income

You must:

  • Wait at least 6 months after the accident before lodging

  • Lodge within 3 years of the accident

This claim usually involves legal representation and may take longer to resolve.

9. Settlement or Final Determination

Many claims settle out of court through negotiation between your lawyer and the insurer. If not, a decision may be made by the Personal Injury Commission or, rarely, a court. Settlements vary based on:

  • Severity of injury

  • Impact on income and lifestyle

  • Level of ongoing care needed

10. Ongoing Support or Exit from Scheme

Depending on your injury classification and claim outcomes:

  • Some people exit the scheme after 6–12 months (if injuries are minor or resolved)

  • Others with long-term injuries may receive extended benefits or lump sum payouts

Final Thoughts

The motor accident claims process in Sydney is structured but can be complex—especially when insurers dispute liability or injury severity. Staying informed, meeting deadlines, and seeking legal advice early (if needed) can improve your chances of a fair outcome.

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