At fault in a NSW car accident — what you're owed
There's up to 52 weeks of statutory benefits available, regardless of who caused it.
Most compensation law firms in NSW won't take your call if you caused the crash. We do. Under NSW law (MAIA 2017), at-fault drivers are still entitled to weekly income support, medical costs, rehab and the support to get back on your feet — for up to 52 weeks. Worth a phone call to find out what applies in your situation.
Causing the crash doesn’t end the conversation.
Most drivers who cause a crash assume that’s it. They ring around — the insurer, maybe a lawyer or two — get told there’s nothing for them, and quietly try to tough it out. Sick leave gets burned through. Medical bills come out of their own pocket. The phone calls stop after a week.
That assumption is wrong. Under NSW law — the Motor Accident Injuries Act 2017, usually just called MAIA — there’s up to 52 weeks of statutory benefits available to anyone hurt in a motor accident in NSW. Regardless of fault. Drivers who caused the crash included. It’s built into the scheme.
The reason most people never hear about it is straightforward: the firms that advertise compensation services in NSW make their money on damages settlements. Damages are the lump-sum part of the claim — and for at-fault drivers, the lump-sum side is restricted by law. The statutory benefits still exist. They’re just not where the law firms make their money, so they don’t advertise running that part of the claim.
We do. There’s no contingency cut on damages here. The job is to run the claim, which means running the 52-week framework properly even when no firm down the street will take the call — whether that street’s in Parramatta, Blacktown, Campbelltown or anywhere else in NSW.
The 52-week framework in plain English.
It’s a real entitlement under NSW law — not a discretionary handout. Here’s the shape of it.
Weekly income support
A weekly payment based on what you were earning before the accident — straight into your account. First 13 weeks at one rate, then a step-down. We help calculate it properly from payslips, tax returns or BAS so the figure reflects what you actually earn.
Full breakdownMedical and treatment costs
GP, specialists, imaging, surgery, medication. Invoices paid directly to the people treating you. No excess, no upfront cost, no chasing receipts while you’re trying to heal.
Full breakdownRehab and allied health
Physio, exercise physiology, hand therapy, occupational therapy. Booked and paid through the scheme. We chase the insurer pre-approvals so treatment doesn’t stall on paperwork.
Full breakdownPsychological support
Sessions with a psychologist or psychiatrist for anxiety, PTSD, adjustment after the crash. Covered the same way as a physical injury. Often the most undertreated part of recovery, especially for at-fault drivers carrying guilt.
Full breakdownTravel to appointments
Reasonable travel to and from approved medical and rehab appointments. Mileage, taxi or rideshare if you can’t drive. Adds up over a long recovery — claimed through the same file.
Full breakdownReturn-to-work support
Graduated return-to-work plans, workplace ergonomic checks, retraining where it’s needed. Coordinated with your employer and the people treating you. The aim is a real return, not a paper one.
Full breakdownWhy most NSW compensation lawyers turn at-fault calls away.
Compensation lawyers in NSW typically work on contingency — “no win, no fee.” The way the model funds itself is by taking a percentage of any damages settlement at the end. When the damages pool is sizeable, the model works for everyone. When it isn’t, the firm doesn’t take the case.
For an at-fault driver, the damages pool is restricted by law. You’ve still got the 52 weeks of statutory benefits, but a firm earning a percentage of damages has nothing to earn a percentage of. So the firm declines politely — usually with some version of “you don’t have a case” or “there’s nothing we can do for you.” Both phrases get used a lot. Both mean the same thing: the file doesn’t fit the contingency model.
That doesn’t mean there’s nothing on the table for you. It means there’s nothing on the table for them. The statutory benefits framework is still sitting there, untouched, and someone needs to actually run it. That’s the call most law firms won’t take and the one we will.
Rather just ring us?
Plenty of people are surprised by what's available. One phone call is enough to find out where you stand.
What an at-fault claim actually looks like.
- 01
The first call
A short conversation about what happened, how you're hurt, and where you're up to. We take the details — name, date of crash, what you remember, who else was involved. No forms. No talk of fault percentages yet.
- 02
Lodging inside 28 days
We prepare and lodge the claim with the CTP insurer that covers the vehicle you were driving. Fault is described honestly — not overstated, not understated. Lodging inside 28 days means benefits can backdate to the day of the crash.
- 03
Benefits start flowing
Weekly income support usually starts within a few weeks of lodgement, paid into the account you nominate. Medical and rehab providers start invoicing the insurer directly. You stop paying out of pocket.
- 04
The claim is managed week to week
Insurer correspondence, treatment approvals, medical reports, return-to-work coordination — handled on your file. Reviews and disputes pushed back on properly when the insurer tries to wind something down early.
- 05
Approaching the 52-week mark
Well before benefits wind down we look at what comes next: handover to your regular GP and allied health, return-to-work planning, and whether your injuries qualify for extended support beyond 52 weeks. No sudden gaps in care or income.
- 06
The wind-down or extension
Most files close cleanly at the 52-week point with a return-to-work plan in place. Some — more serious injuries, complications — keep running. Either way, you know what's happening months before it does.
The at-fault topic, in pieces.
Five deeper reads on specific at-fault situations. Pick the one that fits.
Statutory benefits explained
A full breakdown of the 52-week framework — income support, medical, rehab, transport. What each one covers and what it actually pays.
Read morePartial fault and shared fault
When fault is split between drivers. How damages get reduced, when it's still worth pursuing, and the 61% threshold that changes things.
Read moreLearner or P-plate driver at fault
Specific to L/P-platers. The compensation framework is the same — but insurance, parents, and your driving record have their own complications.
Read moreA lawyer turned me away
Why compensation lawyers say no to at-fault calls, what the contingency model means for your file, and why we still take the call.
Read moreUninsured and at fault
If you were at fault and didn't have insurance — registration lapsed, third party only, the worst case. There's still help. Specific to the panic search.
Read moreInjured, at fault (the short version)
The plain-language situation page if you just want the basics — what's on the table and how it tends to play out.
Read moreWhat about the lump sum at the end?
Most pages about NSW motor accident compensation focus on the damages part — the lump sum awarded at the end for things like pain and suffering, future economic loss, and future care. That’s the part contingency-fee lawyers earn from.
For an at-fault driver, damages are restricted. The full lump-sum part of the claim that runs for not-at-fault claimants generally doesn’t run the same way for you. There are limited circumstances — serious injuries (non-threshold under NSW law), shared fault rather than full fault, particular scheme exceptions — where some lump-sum entitlement still applies. We work that out properly on your specific file rather than ruling it out from the start or promising you something that isn’t there.
The honest line: the 52 weeks of statutory benefits is the main game for most at-fault claimants. The lump-sum question is worth looking at carefully on a case-by-case basis. Either way, the conversation starts with the same phone call.
The questions at-fault drivers ask first.
Other things worth reading
Injured, at fault (short version)
The plain-language situation page — what's on the table and what tends to happen.
Read moreNot injured, at fault
You caused the crash but you're fine. Where to start, what to do about the other driver, what about your passengers.
Read moreSee what you're owed
A short check — a few questions and a plain-English read on your situation. No signup.
Read moreAt fault in your area? We still help.
Most compensation firms turn at-fault calls away, wherever you are. We don't — and we cover people right across NSW. Find your area, or just call us.
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or call (02) 7238 7379
Had a car accident? Call Accident Hub.
At fault or not — the 52 weeks of statutory benefits is real and sitting there. One phone call is enough to find out what applies to you.
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