What To Do After a Car Accident in NSW: A Complete Step-by-Step Guide
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Principal Lawyer and Director · Last updated 30 August 2026
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Key Takeaway: After a car accident in NSW, make sure everyone is safe and call 000 if anyone is injured, get medical help, photograph the scene, exchange details and report to police. Then lodge a CTP injury claim under the Motor Accident Injuries Act 2017 within 28 days to backdate your income support to the accident date.
What To Do After a Car Accident in NSW: Quick Answers
What should you do immediately after a car accident in NSW?
The first minutes after a crash matter most: prioritise safety, get medical help and gather evidence before you leave the scene. The steps below protect both your health and your right to claim CTP compensation under the Motor Accident Injuries Act 2017.
1. Ensure safety and call 000 if anyone is injured. Check yourself, your passengers and others. If the scene is safe, move vehicles out of traffic and switch on hazard lights.
2. Report the accident to police within 28 days. You must report to police if anyone is injured or killed, if a vehicle is towed, or if the other driver does not stop or exchange details.
3. Exchange details. Get the other driver’s full name, phone number, licence number, vehicle registration and insurer. Note the make and model of each vehicle.
4. Photograph the scene. Capture the vehicles from several angles, visible damage, skid marks, road signs, traffic lights and weather. Collect the names and numbers of any witnesses.
5. Get medical attention. See a doctor even if you feel fine. Injuries like whiplash, concussion and soft-tissue damage can take hours or days to appear, and early records link them to the crash.
6. Lodge your CTP claim. Identify the at-fault vehicle’s CTP (green slip) insurer and lodge within 28 days to backdate your income support to the accident date.
Stay calm and factual at the scene, and avoid admitting fault. Call Withstand Lawyers on 1800 952 898 or request a free claim check to find out what you can claim. For the full picture of how a claim works, see our motor vehicle accident injury claim guide.
Do you have to report a car accident to police in NSW?
Yes. In NSW you must report a car accident to police within 28 days if anyone is injured or killed, if a vehicle is towed away, or if the other driver refuses to give their details or leaves the scene. A police event number becomes valuable evidence for your CTP claim.
Even for a minor bump, a police report helps if the other driver later disputes what happened. You should also notify your own insurer promptly and stick to the facts. Vehicle-damage insurance and personal-injury compensation are separate processes, and one does not cancel out the other. Our CTP lawyers can handle the insurer contact for you.
What compensation can you claim after a car accident in NSW?
NSW runs a hybrid CTP scheme with two pathways: no-fault statutory benefits, and a fault-based common law lump sum. Most injured people access statutory benefits straight away, and those with more serious injuries can also pursue a lump sum.
| Feature | Statutory benefits | Common law damages (lump sum) |
|---|---|---|
| What it covers | Treatment, care and lost income while you recover | Past and future economic loss, plus pain and suffering |
| Fault required? | No (first 52 weeks, paid to almost everyone) | Yes, you must not be mostly at fault |
| Injury threshold | None to start; threshold injuries stop at 52 weeks | Non-threshold injury; pain and suffering needs more than 10% WPI |
| Payment type | Ongoing weekly payments and expenses | One-off lump sum |
| Cap | Income support based on pre-accident earnings | Non-economic loss capped at $691,000 |
| Can you receive both? | Yes. Statutory benefits support you now; a lump sum resolves the claim later. | |
Income support is paid at 95% of pre-accident weekly earnings for the first 13 weeks, then 85% if you have returned to some work or 80% if you cannot, per SIRA. You can also claim medical treatment, rehabilitation and reasonable home care. For a full breakdown of a claim, see our car accident compensation lawyers in Sydney page.
How much is a car accident claim worth in NSW?
A car accident injury claim is worth from around $120,000 for a single fracture with a good recovery to more than $1 million for spinal cord or brain injury. The figure turns on injury severity, your whole person impairment, your income and how clearly the other driver is at fault.
| Injury type | WPI % | Payout range | Key factors |
|---|---|---|---|
| Single fracture, good recovery | Under 11% | $120,000 to $300,000 | Return to work, limited ongoing loss |
| Disc or shoulder, reduced work capacity | 11% or more | $400,000 to $700,000 | Ongoing pain, restricted duties |
| Multiple fractures, serious orthopaedic | 11% or more | $600,000 to $1 million+ | Surgery, long recovery, partial capacity |
| Spinal cord or brain injury | 11% or more | $1 million to $2 million+ | Lifelong care, no return to work |
These are guides only, and every claim turns on its own facts. In 2024-25 SIRA recorded 14,789 new CTP claims with total payments of $1.7 billion, an average of $70,106 per claim, though serious injuries settle for far more. Non-economic loss for pain and suffering is capped at $691,000. See our permanent impairment payout amounts page for how your WPI can affect your payout.
What are the time limits for a car accident claim in NSW?
NSW motor accident claims have strict deadlines, and missing an early one can quietly cost you thousands. Knowing what to do after a car accident means acting fast on these dates.
| Deadline | What you must do |
|---|---|
| 28 days from the accident | Lodge your claim to have income support backdated to the accident date |
| 3 months from the accident | Lodge a Personal Injury Benefits Form for weekly benefits and treatment expenses |
| 6 months from the accident | Lodge an Application for Common Law Damages so your eligibility for a payout can be determined |
| 3 years from the accident | File an Application for General Assessment with your supporting documents in the Personal Injury Commission |
Late claims can still be made with a full and satisfactory explanation, but the earlier you lodge, the stronger your position.
Can you claim compensation if you were partly at fault for a car accident?
Yes. The NSW CTP scheme supports people hurt on the road even where they were partly at fault, and it covers drivers, passengers, cyclists and pedestrians. Statutory benefits for treatment and lost income are paid regardless of fault for the first 52 weeks.
A common law lump sum is different: you can claim it only if you were not mostly at fault and your injury is non-threshold. If you share some blame, a lump sum may be reduced to reflect your share, but it is rarely wiped out entirely. If you were not at fault at all, our not-at-fault car accident claim guide explains your position. Injuries you can claim for include back and neck injuries, brain injuries and diagnosed PTSD.
What should you do if the other driver was uninsured or a hit-and-run?
Yes, you can still claim. If the at-fault vehicle cannot be identified or was uninsured, you claim through the Nominal Defendant, a scheme funded by NSW CTP insurers for exactly this situation.
Report the accident to police, note anything you can about the vehicle, and look for witnesses or CCTV. You must make reasonable enquiries to try to identify the vehicle. Because these claims have strict evidence requirements, get advice early. A rear-end collision or a cyclist hit by a car can all proceed this way when the driver flees.
What are examples of car accident payouts in NSW?
Every claim turns on its own facts and these outcomes are not guarantees, but they show how injury severity drives value for injured people.
| Client | Injury | Settlement |
|---|---|---|
| Marcus, 38, driver rear-ended at a red light on the M4 | Herniated disc and ongoing neck pain, returned to work on lighter duties | $380,000 |
| Sophie, 27, driver T-boned at a Parramatta intersection | Fractured pelvis and wrist, surgery and a long recovery | $620,000 |
| Raymond, 52, driver hit by an unidentified vehicle on a highway | Traumatic brain injury, unable to return to work (Nominal Defendant) | $1,650,000 |
See more real outcomes on our claims won page, or speak to our car accident lawyers in Parramatta.
Do you pay anything upfront for a car accident claim in NSW?
No. Withstand Lawyers runs car accident claims on a no win, no fee basis, so there are no upfront costs and you only pay if your claim succeeds. This removes the financial risk of getting the legal help you need.
In NSW, legal costs on CTP claims are also regulated, and we explain exactly how fees work before you sign anything. Learn more about no win, no fee car accident lawyers and how CTP claims are funded through our no win, no fee policy.
What To Do After a Car Accident FAQs
I have just been in a car accident, what do I do first?
What information should I exchange after a car accident?
Do I have to report a car accident to police in NSW?
How long do I have to make a claim after a car accident in NSW?
Can I claim compensation if I was partly at fault?
How much is a car accident claim worth in NSW?
Can I claim if the other driver was uninsured or fled the scene?
How much does a car accident lawyer cost?
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.
Why Choose Withstand Lawyers for Your Car Accident Claim?
The aftermath of a car accident can feel overwhelming, especially when you are dealing with injuries, paperwork and uncertainty about your rights. When it matters most, the firm you choose makes a difference. Withstand Lawyers brings decades of combined experience and a proven record of helping seriously injured people across NSW rebuild their lives. Withstand Lawyers is dedicated to car accident and CTP claims, combining deep knowledge of the NSW scheme with genuine client care and a relentless focus on the best result for you. A serious injury changes everything, so we help you get back to what matters, whether that is family, work or everyday life. We listen, we support you, and we handle your claim with professionalism and warmth from the first call to settlement. Over $60 million recovered, a 99% success rate, no win, no fee. Call Withstand Lawyers today on 1800 952 898 or request your free claim check.
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“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.”
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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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