CTP Claims After a Car Accident
Updated 22 September 2026 · General information, not legal advice
A CTP claim is a claim for injury compensation against the compulsory third party insurer or state scheme that covers the vehicle involved, and in most states the first claim form must be lodged between 13 weeks and 12 months after the accident. Damages claims and court proceedings generally have a 3-year limit.
To start a CTP claim, report the accident to police, see a doctor for a medical certificate that lists your injuries, and lodge the scheme's claim form with the insurer. Complex or disputed claims are usually run by specialist Car Accident Lawyers in Australia, but most schemes let you lodge the first form yourself.
How do you make a CTP claim?
You make a CTP claim in six steps:
- Report the accident. Report it to police and record the event or report number. Queensland's Motor Accident Insurance Commission states you must call police if someone is injured; in Western Australia, crashes are reported online at crashreport.com.au.
- Get treatment and a certificate. A treating doctor or hospital completes a medical certificate that lists every accident injury.
- Collect accident details. Record the date, place, vehicles, registration numbers, drivers, witnesses, photos and dash-cam footage.
- Lodge the claim form. Send it to the CTP insurer of the at-fault vehicle, or to your state scheme, before the deadline.
- Receive a decision. The insurer accepts or denies liability and starts paying treatment and income benefits where the claim is accepted.
- Claim damages or settle. Once injuries stabilise, an impairment assessment decides whether a lump-sum damages claim is available.
What are the CTP claim time limits in each state?
CTP claim time limits run from 13 weeks to 12 months for the first claim form, with outer limits of 2 to 3 years for late claims.
| State | Scheme | First claim deadline | Outer limit |
|---|---|---|---|
| NSW | SIRA-regulated CTP insurers | 3 months; within 28 days to receive weekly payments from the accident date (Motor Accident Injuries Act 2017, s 6.13) | Damages claim within 3 years (s 6.14); court proceedings within 3 years (s 6.32) |
| Victoria | Transport Accident Commission | 12 months from the accident or from when an injury first becomes evident (Transport Accident Act 1986, s 68) | Up to 3 years with reasonable grounds for the delay |
| Queensland | CTP insurers regulated by MAIC | Notice of Accident Claim Form within 9 months (or 9 months from first symptoms), or 1 month after first meeting a lawyer, whichever is earliest | Court proceedings within 3 years (Limitation of Actions Act 1974, s 11) |
| Western Australia | Insurance Commission of Western Australia | Report the crash online to start treatment support; a notice of intent to claim compensation is needed for a compensation claim | Court proceedings within 3 years (Limitation Act 2005, s 14) |
| South Australia | CTP insurers regulated by the CTP Insurance Regulator | As soon as possible; a reason for delay is needed after 6 months | Generally not accepted after 3 years |
| ACT | MAI insurers regulated by the Motor Accident Injuries Commission | Defined benefits application within 13 weeks (Motor Accident Injuries Act 2019, s 58) | Late application up to 2 years with a full and satisfactory explanation (s 59) |
| Tasmania | Motor Accidents Insurance Board | Application for Benefits within 12 months | Common law claim generally within 3 years |
| NT | MAC Scheme, managed by TIO for the Motor Accidents Compensation Commission | Within 6 months | Not accepted after 3 years; minors within 3 years of turning 18 |
Is CTP no-fault?
CTP is partly no-fault, depending on the state. Four schemes pay benefits without proof of fault, while four require someone else to be at least partly at fault.
No-fault or partly no-fault schemes
- NSW. Statutory benefits are payable whether or not the accident was caused by another driver (Motor Accident Injuries Act 2017, s 3.1). They stop after 52 weeks if the injured person was wholly or mostly at fault, or had only threshold injuries such as soft tissue injuries (ss 3.11, 3.28).
- Victoria. The TAC describes itself as a no-fault scheme that pays for treatment and support even if the accident was your fault.
- ACT. The Motor Accident Injuries Act 2019 (ACT), s 6, makes benefits available on a no-fault basis, subject to exclusions.
- NT. The MAC Scheme is a no-fault scheme that pays periodic benefits for treatment and support, plus lump-sum benefits for permanent impairment and death.
Fault-based schemes
- Queensland. You can claim if another driver was fully or partly at fault; a person totally at fault cannot recover. Serious injuries after 1 July 2016 are supported by the National Injury Insurance Scheme Queensland regardless of fault.
- Western Australia. The at-fault vehicle must be registered in Western Australia. Catastrophic injuries from 1 July 2016 are covered by the no-fault Catastrophic Injuries Support Scheme.
- South Australia. Someone other than the injured person must be at least partly responsible, except for people under 16. The Lifetime Support Scheme covers severe injuries such as spinal cord and moderate to severe brain injuries.
- Tasmania. MAIB pays benefits under its Act; common law compensation requires another person's fault.
When can you claim lump-sum damages?
You can claim lump-sum damages when your injury passes the scheme's threshold and another person was at fault:
| State | Threshold for damages |
|---|---|
| NSW | Non-economic loss only if permanent impairment is greater than 10% (s 4.11) |
| Victoria | Common law damages only for a "serious injury"; 30% or more impairment is deemed serious (Transport Accident Act 1986, s 93) |
| ACT | Damages only with whole person impairment of at least 10% (Motor Accident Injuries Act 2019, s 239) |
| South Australia | Non-economic loss generally needs an Injury Scale Value of 11 or more |
How each head of damages is calculated and capped is explained in Personal Injury Compensation Amounts in Australia.
Motor accident claims in NSW
A NSW motor accident claim starts with an Application for Personal Injury Benefits, lodged online through Service NSW or sent directly to the CTP insurer, within 3 months of the accident. Service NSW asks for a police event number (from the Police Assistance Line, 131 444) or other proof of the accident, and a Certificate of Fitness/Capacity from your doctor. Weekly payments are back-paid to the accident date only if the insurer receives the claim within 28 days.
A later claim for damages is limited to cases involving another driver's fault. Damages for non-economic loss need permanent impairment greater than 10%, and economic loss is limited by reference to the maximum weekly statutory benefits amount (s 4.6).
Do you need a lawyer for a CTP claim?
You do not need a lawyer to lodge a CTP claim. South Australia's CTP Insurance Regulator states you can lodge and manage a claim without one, and the Insurance Commission of Western Australia states most claims do not need a lawyer. Insurers have their own lawyers, so legal advice is most useful when liability is denied, an impairment rating is disputed or a settlement offer arrives.
Finding a car accident lawyer
A car accident lawyer can confirm your deadline, prove fault and value the claim before you settle. Compare ranked firms on Car Accident Lawyers in Australia, or by city: Car Accident Lawyers in Sydney, Car Accident Lawyers in Brisbane, Car Accident Lawyers in Perth and Car Accident Lawyers in Adelaide.
Car accident claims are often run on conditional fee terms; how those agreements work is explained on No Win No Fee Lawyers in Australia.
Frequently asked questions
What does CTP insurance cover?
CTP insurance covers injury and death caused by a motor vehicle, including treatment, lost income and, where the scheme allows, lump-sum compensation. It does not cover damage to vehicles or other property.
Can I make a CTP claim if the other car was unregistered or drove off?
Usually, yes. Most schemes accept claims against a nominal defendant or the scheme insurer when the at-fault vehicle is unregistered or unidentified. In Queensland, a claim involving an unidentified vehicle must be made within 3 months of the accident.
Can a passenger or cyclist make a CTP claim?
Yes. Passengers, pedestrians and cyclists injured by a motor vehicle can claim against the vehicle's CTP insurer or scheme. In South Australia, accidents caused by bicycles or e-scooters are not covered, because those are not motor vehicles for CTP purposes.
What happens if I lodge my CTP claim late?
A late claim is not automatically rejected. Most schemes accept a late claim if you give a full and satisfactory explanation for the delay, but outer limits apply, such as 3 years in NSW, Victoria and South Australia.