Not At Fault Car Accident Claims in NSW
Written by
Principal Lawyer and Director · Last updated 27 August 2026
4.9 from 265+ verified Google reviews Read all reviews
Key Takeaway: A not at fault car accident claim in NSW under the Motor Accident Injuries Act 2017 gives you full statutory benefits plus lump sum common law damages up to $691,000 for non-economic loss, with no contributory negligence reduction. Lodge with the CTP insurer within 28 days to backdate income support.
Not At Fault Car Accident Claim: Quick Answers
Withstand Lawyers is the law firm injured people across NSW turn to when the other driver caused the crash. Over $60 million recovered since 2014, 99% success rate, 4.9 stars on Google. No win no fee. If you are trying to work out what your not at fault car accident claim is worth, call 1800 952 898.
The night of the crash you did nothing wrong. Now you are trying to work back to normal life while medical bills stack up, your income has dropped, and the at-fault driver’s insurer is calling with forms and questions. It is a lot for anyone.
Here is the piece most people miss: in NSW the scheme has two layers, and being not at fault matters twice. You still receive statutory benefits either way, but only a not-at-fault claim opens the second layer of lump sum common law damages with no contributory negligence deduction.
What is a not at fault car accident claim in NSW?
A not at fault car accident claim in NSW is a claim made under the Motor Accident Injuries Act 2017 against the CTP insurer of the driver who caused the crash. Because you were not at fault, you receive both statutory benefits and full access to common law damages, with no reduction for contributory negligence.
Every registered vehicle in NSW carries compulsory third party (CTP) insurance. When the other driver causes the crash, their CTP insurer is on the hook, not the driver personally. The scheme is regulated by SIRA, and disputes are resolved in the Personal Injury Commission.
Who qualifies?
You qualify if a motor vehicle caused your injury, you were not mostly at fault, and the crash happened on a NSW road on or after 1 December 2017. Both drivers and non-driver road users are covered.
- The crash occurred in NSW involving at least one registered motor vehicle.
- You suffered a personal injury from the crash (physical, psychological, or both).
- Another road user or vehicle owner was wholly or mostly at fault.
- You lodge the correct claim form within the statutory timeframes.
What can you claim?
| Head of damage | What it covers | Cap or basis |
|---|---|---|
| Weekly income support | Lost wages while unable to work | 95% weeks 1-13, then 80-85% to week 52 |
| Treatment and rehabilitation | Medical, physio, psychology, surgery, aids | Reasonable and necessary |
| Care and domestic assistance | Paid or gratuitous care, cleaning, cooking | Based on documented need |
| Past and future economic loss | Lost earnings, superannuation, reduced capacity | Calculated to retirement |
| Non-economic loss (pain and suffering) | Lump sum for physical and psychological suffering | Up to $691,000 (non-threshold + above 10% WPI) |
How much is a not at fault car accident claim worth by injury?
| Injury type | WPI % | Payout range | Key factors |
|---|---|---|---|
| Whiplash, single fracture, good recovery | Under 11% | $120,000 to $300,000 | Return to work, age, treatment length |
| Cervical or lumbar disc, shoulder tear | 11% or more | $400,000 to $700,000 | Reduced work capacity, surgery, income |
| Multiple fractures, serious orthopaedic | 11% or more | $600,000 to $1.2 million | Permanent restrictions, care needs |
| Diagnosed PTSD or serious psychological | 11% or more | $450,000 to $900,000 | Treatment records, capacity to return |
| Traumatic brain injury or spinal cord | 11% or more | $1 million to $6 million+ | Lifetime care, future economic loss |
How does the insurer decide fault?
The CTP insurer decides fault within 3 months of you lodging by reviewing the police event report, statements from both drivers, witness accounts, dashcam or CCTV footage, and photos of vehicle damage and the scene. They apply ordinary common law rules of negligence.
Insurers get this wrong more often than people realise. In a rear-end collision the presumption is clear, but on merges, roundabouts, side-swipes and left-turn crashes, insurers often push contributory negligence findings that halve a payout.
How do you challenge a wrong not at fault decision?
Ask the CTP insurer for an internal review within 28 days, and if the review is unsuccessful, file a dispute in the NSW Personal Injury Commission for independent determination. The Commission’s Medical Assessment Service and Merit Reviewer can override the insurer on fault, threshold and impairment.
- Request the insurer’s internal review in writing within 28 days.
- Gather stronger evidence: dashcam footage, a witness statement, scene photos.
- If review confirms wrong decision, lodge a Merit Review dispute in the Personal Injury Commission.
- For threshold and WPI disputes, lodge a Medical Assessment Service application.
- Attend the assessment or hearing; most matters resolve without a full hearing.
Deadlines
| Deadline | Action |
|---|---|
| 28 days from accident | Lodge to backdate income support |
| 3 months from accident | Lodge Personal Injury Benefits Form |
| 6 months from accident | Lodge Application for Common Law Damages |
| 3 years from accident | File Application for General Assessment in the Personal Injury Commission |
NSW not at fault car accident claim examples
| Client | Setting | Injury | Settlement |
|---|---|---|---|
| Marcus, 34 | Blacktown intersection, T-bone | Cervical disc + shoulder tear (18% WPI) | $685,000 |
| Alina, 51 | Hornsby crossing, rear-end | Thoracic disc + PTSD (12% WPI) | $470,000 |
| Dhruv, 29 | M5 Campbelltown, side-swipe by truck | Fibula + ankle + nerve damage (16% WPI) | $560,000 |
Not at fault car accident claim FAQ
Do I need a lawyer?
Can I claim if I did not go to hospital straight away?
Will this affect my insurance premium?
What if I was partly at fault?
How is fault decided?
Can I claim lost wages?
What if the police did not attend?
Can passengers make a not at fault claim?
How long does a claim take to settle?
What is a threshold injury?
Why choose Withstand Lawyers?
When you have been seriously injured in a crash that was not your fault, the firm you choose matters. Withstand Lawyers brings decades of combined experience and a proven record of helping seriously injured people across NSW rebuild their lives. Over $60 million recovered since 2014, 99% success rate, 4.9-star Google reviews, no win, no fee.
Free claim check: Call 1800 952 898 and we will tell you honestly what your not at fault car accident claim is worth.
No Win No Fee
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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.
4.9 ★ — 265+ Reviews
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground.
Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life.
I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!”
“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”
“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”
“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”
“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”
Meet Your Motor Vehicle Accident Lawyers
Every motor vehicle accident claim is handled by a personal injury lawyer with dedicated motor vehicle accident experience.
Issa Rabaya
Director, Lawyer
Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result.
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Minaa Mohmand
Special Counsel
Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD.
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Esther Ihn
Senior Associate
Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.
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Mihana Wen
Associate
Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach.
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