Not At Fault Car Accident Claims in NSW

Issa Rabaya

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 31 July 2026

Updated: 3/07/2026

Key Takeaway: If you were not at fault in a NSW car accident, you can claim the full range of CTP compensation: treatment, income support, and a lump sum for economic loss and, where your whole person impairment is more than 10%, pain and suffering up to $691,000. Fault decides how much, not whether you can claim. Free claim check: 1800 952 898.

Not At Fault Car Accident Claims: Quick Answers

Can you claim compensation if you were not at fault in a car accident?
Yes. If you were not at fault in a NSW car accident, you can claim the full range of CTP benefits: treatment and care, weekly income support, and a common law lump sum for past and future economic loss. Where your whole person impairment is more than 10%, you can also claim pain and suffering, up to a maximum of $691,000. Being not at fault removes the limits that apply to at-fault drivers.
Is the NSW CTP scheme a no-fault scheme?
Partly. The NSW scheme is a hybrid. Early statutory benefits (treatment, care and income support in the first period) are paid on a no-fault basis, so almost anyone injured in a car accident receives them regardless of who caused the crash. The larger entitlements, ongoing benefits beyond 52 weeks and a common law lump sum, are fault-based and generally require that you were not mostly at fault.
How do you prove you were not at fault?
Fault is decided on the evidence: the police event number and report, independent witness details, dashcam or CCTV footage, photos of the vehicles and the scene, and the pattern of damage. Report the accident to police within 28 days and gather what you can early, because clear evidence is what turns a disputed claim into an admitted one.

If you were not at fault in a car accident, the unfairness of it can be as hard as the injury. Someone else caused this, yet you’re the one facing the medical bills, the time off work, and the uncertainty about whether you’ll fully recover.

Here’s what many injured people don’t realise: in NSW, being not at fault matters enormously, because it unlocks the biggest part of a car accident claim. Early statutory benefits are paid to almost everyone regardless of fault, but a common law lump sum for your economic loss and pain and suffering generally requires that you were not mostly to blame. Missing the early deadlines can quietly cost you thousands.

This guide explains how a not-at-fault car accident claim works in NSW: what “no fault” really means, what you can claim, how fault is proven, the time limits, and what claims are worth.

What is a not-at-fault car accident claim in NSW?

A not-at-fault car accident claim is a compensation claim made under the NSW CTP (green slip) scheme when another road user caused your injuries. You claim against the CTP insurer of the at-fault vehicle. Being not at fault gives you access to the full range of benefits, including a common law lump sum that at-fault drivers cannot claim.

Call 1800 952 898 for a free claim check, or read on for how it works.

What does “no fault” mean in the NSW CTP scheme?

The NSW scheme is a hybrid: some benefits are no-fault, the bigger ones are fault-based. Under the Motor Accident Injuries Act 2017, first-period statutory benefits (treatment, care and a portion of lost income) are paid regardless of who was at fault. Ongoing benefits beyond 52 weeks and a common law lump sum are fault-based and generally require that you were not mostly at fault.

So a “no fault accident” claim gets everyone started, but your degree of fault decides how far the claim can go.

Can you claim compensation if you were not at fault in a car accident?

Yes, and being not at fault gives you the widest entitlements. A not-at-fault claimant can receive treatment and care, income support, and a common law lump sum covering past and future loss of income, lost superannuation, and, where whole person impairment is more than 10%, pain and suffering up to $691,000.

Entitlement Not at fault Mostly at fault
First-period treatment + income support Yes Yes
Benefits beyond 52 weeks Yes, if non-threshold No, cut off at 52 weeks
Common law lump sum (economic loss) Yes, if non-threshold No
Pain and suffering (WPI above 10%) Yes, up to $691,000 No

Can you still claim if the car accident was your fault?

Yes, but only the no-fault part. An at-fault driver can still receive first-period statutory benefits: treatment, care, and income support for up to 52 weeks. They cannot claim a common law lump sum or pain and suffering. This is why establishing that you were not at fault is often the most valuable step in a claim.

How do you prove you were not at fault in a car accident?

Fault is decided on the evidence, so gather it early. The strongest proof of a not-at-fault accident includes:

  • •The police event number and report (report within 28 days)
  • •Independent witness names and contact details
  • •Dashcam or nearby CCTV footage
  • •Photos of both vehicles, the damage pattern, and the scene

Some situations point strongly to the other driver being at fault, such as being rear-ended or hit by a driver who ran a red light. Even then, the CTP insurer can dispute liability, so the evidence matters.

How much is a not-at-fault car accident claim worth in NSW?

Four things set the value: how serious and permanent your injuries are, how they affect your work and life, that you were not at fault, and your whole person impairment assessment. The ranges below are a guide, not a quote.

Injury type Typical WPI range Typical payout range Key factors
Non-threshold injury (fractured rib) Under 11% $25,000 to $120,000 No time off work
Fractures / broken bones 10-20% $250,000 to $500,000 Surgery, age, pre-injury income
Back injury (nerve damage) and shoulder injury, reduced work capacity 15-25% $500,000 to $1,000,000 Return-to-work capacity, income
Spinal cord / brain / catastrophic 25%+ $2 million to $3 million+ Lifetime care, total incapacity

See our motor vehicle accident compensation payouts NSW page and car accident payout guide for more.

What are examples of not-at-fault accident payouts?

These are examples of not-at-fault car accident outcomes. Every claim is different and these reflect the specific facts of each case, not guarantees.

Client Accident (not at fault) Injury Outcome
Sophie, 31 T-boned by a red-light runner Fractured pelvis + wrist (14% WPI) $520,000
Ken, 58 Rear-ended at a stop Cervical disc + shoulder, no return to work $640,000
Marcus, 27 Hit by a drunk driver Spinal + brain injury, lifelong care $2.7 million

Sophie was struck by a driver who ran a red light; Ken was rear-ended and could not return to work; Marcus suffered a spinal and brain injury.

What if you were partly at fault in the accident?

You can still claim, but a lump sum is reduced by your share of blame. This is called contributory negligence. If you were 20% responsible, a lump sum is reduced by 20%. You are only shut out of a common law lump sum if you were mostly (more than 50%) at fault. Statutory benefits for treatment and early income support are unaffected in the first period.

How long do you have to make a not-at-fault car accident claim?

Act early. The deadlines are short.

Deadline What it’s for
28 days from accident Lodge your claim to have income support backdated to the accident date
3 months from accident Lodge a Personal Injury Benefits Form for weekly benefits and treatment expenses
6 months from accident Lodge an Application for Common Law Damages, for determination of your eligibility for a payout
3 years from accident File an Application for General Assessment with all your supporting documents, for general damages in the Personal Injury Commission

See how long after a car accident you can claim.

How do you start a not-at-fault car accident claim?

Five steps, from the day of the accident to settlement:

  1. Report the accident to the Police Assistance Line within 28 days. This creates an official record, and preserve your fault evidence (witnesses, dashcam, photos) at the same time.
  2. Get medical attention. See a doctor even if your injuries seem minor. Early medical records are critical evidence.
  3. Lodge your claim. Find the at-fault vehicle’s CTP insurer from its registration, complete a personal injury claim form, and submit it. Lodge within 28 days to backdate income support. The major NSW CTP insurers are NRMA, GIO, AAMI and QBE, all governed by SIRA.
  4. Liability decision. Within 9 months of lodging, the insurer must decide who was at fault and whether your injuries are threshold or non-threshold. You can seek independent review through the Personal Injury Commission.
  5. Negotiate and settle. Your lawyer builds the evidence and negotiates. Most lump sum claims settle in negotiation or mediation without court. Straightforward claims resolve in 12 to 18 months; complex or disputed claims take 2 to 3 years. See our motor accident guides.

What if the at-fault driver was uninsured or fled?

You can still make a not-at-fault claim, through the Nominal Defendant. The Nominal Defendant covers people injured by an unregistered or unidentified vehicle, including hit and run. You must show “due search and inquiry” to try to identify an unknown vehicle, so report to police early and keep the event number.

How much do lawyers cost for a not-at-fault claim?

Withstand Lawyers acts on a No Win, No Fee basis, so nothing is payable up front. You don’t pay our professional fees unless your claim succeeds, and the first consultation and claim check are free. For more, see what percentage no win no fee lawyers take.

Not At Fault Car Accident Claims: Frequently Asked Questions

Can I claim compensation if I was not at fault in a car accident?
Yes, and being not at fault gives you the widest entitlements in the NSW CTP scheme. You can claim treatment and care, weekly income support, and a common law lump sum for past and future economic loss and lost superannuation. Where your whole person impairment is assessed at more than 10%, you can also claim pain and suffering up to a maximum of $691,000. For example, Sophie (31), T-boned by a red-light runner with a fractured pelvis and wrist, settled at $520,000.
Is the NSW CTP scheme no-fault or fault-based?
It is a hybrid. First-period statutory benefits (treatment, care and a portion of lost income) are paid on a no-fault basis, so almost anyone injured in a car accident receives them regardless of who caused it. Ongoing benefits beyond 52 weeks and a common law lump sum are fault-based and generally require that you were not mostly at fault. So a no-fault accident claim gets everyone started, but fault decides how far it can go.
Who can make a not-at-fault car accident claim?
Any road user injured in a NSW car accident that was caused by another party: drivers, passengers, motorcyclists, cyclists and pedestrians. You claim against the CTP insurer of the at-fault vehicle. If the vehicle was unregistered or unidentified, including hit and run, you claim through the Nominal Defendant instead. You must lodge within 28 days to backdate income support, within 3 months for the Personal Injury Benefits Form, within 6 months to apply for common law damages, and within 3 years to file for general assessment.
How much is a not-at-fault car accident claim worth?
It depends on how serious and permanent your injuries are, their effect on your work and life, and your whole person impairment (WPI). Minor, threshold injuries resolve through statutory benefits. Serious, non-threshold injuries attract lump sums, and once WPI is above 10% you can add pain and suffering up to $691,000. Ken (58), rear-ended with a cervical disc and shoulder injury and no return to work, settled at $640,000; catastrophic claims can exceed $1 million.
How long does a not-at-fault claim take, and what are the deadlines?
Lodge within 28 days to backdate income support and within 3 months to lodge the Personal Injury Benefits Form for weekly benefits and treatment. You have 6 months to lodge an Application for Common Law Damages, and 3 years to file an Application for General Assessment for general damages in the Personal Injury Commission. Straightforward claims often resolve in 12 to 18 months; serious or disputed claims can take 2 to 3 years. Late claims need a full and satisfactory explanation, so act early.
What if I was partly at fault?
You can still claim, but a lump sum is reduced by your share of blame under contributory negligence. If you were 20% responsible, a lump sum is reduced by 20%. You are only shut out of a common law lump sum if you were mostly, meaning more than 50%, at fault. First-period statutory benefits for treatment and early income support are not affected. A free claim check will tell you where you stand.
How do I prove the other driver was at fault?
Fault is decided on the evidence: the police event number and report, independent witness details, dashcam or CCTV footage, and photos of the vehicles and scene. Some accidents point strongly to the other driver, such as being rear-ended or hit by a red-light runner, but the CTP insurer can still dispute liability. Report to police within 28 days and gather evidence early, because that is what turns a disputed claim into an admitted one.
What does a not-at-fault car accident lawyer cost?
Withstand Lawyers acts on a no win, no fee basis, so you pay nothing up front and you don’t pay our professional fees unless your claim succeeds. Our fees are then paid from your settlement, not out of your pocket while the matter runs, and we explain them in full before you sign anything. The first consultation and claim check are free, so there is no financial risk in finding out whether you have a claim.

Why choose Withstand Lawyers for your not-at-fault accident claim?

When you’re facing a serious injury that wasn’t your fault, the firm you choose matters. Withstand Lawyers brings decades of experience and a proven record of helping seriously injured people across NSW rebuild their lives.

Withstand Lawyers is dedicated to not-at-fault car accident claims, combining deep legal knowledge with genuine client care and a relentless focus on the best result for you. A serious injury changes everything, so Withstand Lawyers helps you return to what matters most, whether that’s family, work, or everyday life. We listen, support, and fight for your rights, handling your claim with professionalism and warmth. From your first consultation to the outcome, Withstand Lawyers puts you at the centre, making your recovery and wellbeing the priority. Over $47 million recovered. 99% success rate. No win, no fee.

Call 1800 952 898 or contact us for a free claim check.

No Upfront CostsNo Win No Fee99% Success RateMaximum Lump Sum Payout

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Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

About the author

Issa Rabaya · Principal Lawyer and Director

✓ Admitted to the Supreme Court of NSW and High Court of Australia  ✓ LLB  ✓ IRO-approved  ✓ Law Society of NSW

Acts for injured people in CTP, workers compensation, TPD and public liability claims.

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