Mistakes, claims, disputes and official sources
How to make a CTP injury claim after a car accident in each state
How CTP injury claims work after a crash in NSW, Victoria, Queensland, SA, WA, Tasmania, the ACT and the NT: who to claim from, what to report and what to keep.
If you are injured in a crash involving a registered vehicle in Australia, you claim compensation under the CTP scheme of the state or territory where the crash happened. Get medical treatment first, report the crash to police where required, then lodge a claim with the right body: the TAC in Victoria, ICWA in Western Australia, MAIB in Tasmania, the NT scheme in the Northern Territory, or the relevant licensed CTP insurer in NSW, Queensland, South Australia and the ACT. Time limits apply and some are short, so start promptly. What you can receive depends on the scheme and, in several states, on who was at fault.
This guide sits in the car insurance mistakes and claims section. For how each scheme is set up, see CTP insurance by state.
Where to lodge the claim
| Crash in | Lodge with | Where to start |
|---|---|---|
| NSW | The CTP (Green Slip) insurer of the relevant vehicle, as set out by SIRA; the Nominal Defendant for unidentified or uninsured vehicles | SIRA and the CTP Assist service |
| Victoria | Transport Accident Commission | TAC |
| Queensland | The CTP insurer of the at-fault vehicle; the Nominal Defendant for unidentified or unregistered vehicles; NIISQ for serious injuries | MAIC |
| South Australia | The CTP insurer of the at-fault vehicle; Lifetime Support Scheme for catastrophic injuries | CTP Insurance Regulator |
| Western Australia | Insurance Commission of Western Australia | ICWA |
| Tasmania | Motor Accidents Insurance Board | MAIB |
| ACT | The relevant CTP insurer under the Motor Accident Injuries scheme | ACT Government MAI information |
| Northern Territory | The Territory's motor accidents compensation scheme | NT Government |
Each scheme's website explains which insurer handles your claim when more than one vehicle is involved, and what to do if you were a pedestrian, cyclist or passenger.
Step by step
- Get medical help. Call 000 in an emergency. See a doctor promptly even for injuries that seem minor; whiplash and other soft tissue injuries can show up later.
- Report the crash to police where required. Many schemes require a police report or event number for an injury claim. Requirements and deadlines differ by state.
- Collect information: vehicle registrations, drivers' names and addresses, witnesses, photos and your own notes of what happened.
- Lodge the claim with the right body, using its form or online process. Do it early: in NSW, for example, lodging within 28 days of the crash affects whether weekly income payments can be paid back to the date of the accident. Other schemes have their own deadlines for notice and claims.
- Keep records: receipts for treatment, travel to appointments, medicines, and evidence of time off work and lost income.
- Follow the treatment and return-to-work plan agreed with your treating practitioners and the insurer.
- Ask about disputes if you disagree with a decision; each scheme has internal review and external dispute processes.
What schemes typically pay
| Benefit | General description |
|---|---|
| Treatment and care | Reasonable and necessary medical, hospital, rehabilitation and care costs |
| Income support | Weekly payments for lost earnings, within the scheme's percentages and time limits |
| Lump sum or damages | For more serious injuries, through common law or scheme lump sums, where allowed |
| Lifetime care | For catastrophic injuries such as serious brain or spinal cord injury, through lifetime schemes |
| Death benefits | For dependants, under the scheme's rules |
How long benefits last, whether at-fault drivers receive them, and the thresholds for lump sums differ substantially between schemes and have changed over time. Check the official site for current rules.
Fault matters in some states
Worked example (illustrative)
Two drivers collide at an intersection. Driver X is found to be at fault. Both are injured with similar, non-catastrophic injuries and both miss six weeks of work.
| Crash location | Driver Y (not at fault) | Driver X (at fault) |
|---|---|---|
| Victoria (no-fault benefits) | TAC benefits | TAC benefits, subject to the scheme's rules |
| Tasmania (no-fault scheduled benefits) | MAIB benefits | MAIB scheduled benefits |
| NSW (hybrid) | Statutory benefits, plus possible damages if criteria are met | Statutory benefits for a limited period only |
| Queensland, SA, WA (fault-based, non-catastrophic injury) | Claim against X's CTP insurer | Generally no CTP cover for own injuries |
The point of the comparison: a driver who causes a crash in a fault-based state may receive nothing from CTP for non-catastrophic injuries. Personal income protection or accident insurance, sick leave and Medicare cover that gap, not car insurance.
Unregistered, uninsured or unidentified vehicles
If the at-fault vehicle was unregistered, or the driver drove off and cannot be identified, you may still be able to claim. In NSW and Queensland, for example, the Nominal Defendant handles these claims; in no-fault states, the scheme body handles them directly. Expect to show that you made proper efforts to identify the vehicle, so report a hit and run to police promptly. Property damage in these cases is covered only by your own insurance; see accidents with an uninsured driver.
Disputes and help
CTP disputes go through the scheme's own processes, not AFCA. In NSW, SIRA provides CTP Assist and the Personal Injury Commission resolves disputes. Other states have their own review bodies or courts. For a serious injury, get legal advice early from a lawyer who practises in motor accident law; some schemes limit the legal costs that can be charged for certain claims. For disputes about your private car insurance, see disputing a refused claim.
Frequently asked questions
Do I claim CTP from my own insurer or the other driver's?
It depends on the state and the circumstances. In Victoria, WA, Tasmania and the NT you claim from the state scheme body. In NSW, Queensland, SA and the ACT, the scheme's rules say which CTP insurer handles the claim, often the insurer of the at-fault vehicle.
Can a passenger claim if the driver was at fault?
Usually yes. Passengers are generally treated as not at fault and claim under the CTP of the vehicle responsible.
Is there a time limit to claim?
Yes, and they differ by state. Some deadlines affect whether benefits are backdated; others are final cut-offs. Check the scheme's website as soon as possible after the crash.
Does CTP cover a cyclist or pedestrian hit by a car?
Yes. CTP covers people injured by a registered vehicle, including cyclists and pedestrians, under the scheme's rules.
Sources
- State Insurance Regulatory Authority — NSW claims and CTP Assist
- Personal Injury Commission — NSW CTP disputes
- Transport Accident Commission — Victorian claims
- Motor Accident Insurance Commission — Queensland claims and the Nominal Defendant
- Insurance Commission of Western Australia — WA claims
- Motor Accidents Insurance Board — Tasmanian claims
