CTP Lawyers

Yes. Under the NSW CTP scheme, you can receive statutory benefits even if you were at fault for the accident. However, if you were wholly or mostly at fault, your benefits are limited to 52 weeks. To claim common law damages for a lump sum payment, you must not have been mostly at fault for the motor vehicle accident.

Threshold injuries (previously called minor injuries) are soft tissue injuries and psychological injuries that are not recognised as psychiatric illnesses. Examples include muscle strains, sprains, and whiplash without structural damage. 

If your injuries are classified as threshold injuries, you’re limited to 52 weeks of statutory benefits and cannot claim a lump sum payment. However, if your condition worsens or becomes more serious, this classification can be reviewed.

The amount of CTP compensation you can receive depends on many factors, including the severity of your injuries sustained, your age, your pre-accident income, time off work, and how the accident affects your future earning capacity.

For serious injuries, lump sum compensation payments can be substantial. According to SIRA data, approximately $1.5 billion was paid out in benefits and lump sums in the 12 months to October 2024, with an average payout of approximately $125,000 per claim.

If your motor vehicle accident occurred while you were working (for example, driving for work or commuting in certain circumstances), you may be entitled to make both a workers’ compensation claim and a CTP claim.

However, the interaction between these schemes is complex, and you may need to elect which scheme to pursue for certain benefits. Our personal injury lawyers can advise you on the best approach for your circumstances.

If the CTP insurer denies your claim or makes a decision you disagree with (such as classifying your injuries as threshold injuries), you have the right to challenge that decision. You can request an internal review within 28 days of receiving the decision.

If you’re still not satisfied after the internal review, you can apply to the Personal Injury Commission for an independent assessment. Our accident lawyers have extensive experience challenging insurer decisions and can help you navigate the dispute process.

If you were injured by an uninsured vehicle or the at-fault driver cannot be identified (such as in a hit and run accident), you can still make a CTP claim through the Nominal Defendant Fund, which is managed by SIRA. Our hit and run accident lawyers can assist you with these complex claims.

The overall legal fees for services (paid after the case from the compensation awarded) will depend on the amount of work required to resolve your claim.

We’ll explain more about how this funding works during your initial obligation-free consultation.