The short version
Yes. If you were injured in a NSW car accident — and you caused it — you can claim up to 52 weeks of statutory benefits under the Motor Accident Injuries Act 2017. That includes weekly income payments, medical treatment funding, rehab, and psychological support. It runs whether the crash was 100% your fault, 50% your fault, or any other share.
What you don't get as an at-fault driver is a damages claim — the lump sum at the end for pain, suffering, future economic loss, and future care. That side is reserved for not-at-fault claims (or shared-fault claims, proportionally reduced).
But 52 weeks of paid income while you can't work, plus medical bills funded directly, is a serious entitlement. Most people don't know it exists.
Why most lawyers won't take your call
Compensation law firms work on a contingency model. They take a percentage of the damages payout at the end of a successful claim. No damages = no payout = no fee. So when you ring with an at-fault story, they decline politely — sometimes within 30 seconds, sometimes with a longer call.
The customer hangs up thinking they have no claim. In fact they have a 52-week statutory benefits entitlement that's often worth tens of thousands of dollars over the year — paid weekly income they would otherwise have lost, medical bills paid directly, rehab paid directly.
We run these claims. They're straightforward, they help people through 12 months of recovery, and there's no contingency cut to lose because there's no damages component anyway.
What 52 weeks of benefits actually looks like
Weekly income payments
Calculated from your pre-crash earnings.
- First 13 weeks — 95% of your pre-injury weekly earnings, up to a regulated cap.
- After week 13 — 80% of pre-injury earnings if you can't work at all, or a tapered amount if you've returned to some work.
- Paid into your nominated bank account fortnightly.
- Continues for up to 52 weeks from the date of the crash for at-fault drivers.
Medical treatment
GP visits, physio, imaging (X-ray, MRI, CT), specialists, surgery if needed, medication. Funded directly — the insurer pays the providers, you don't front the bills. Subject to ongoing "reasonable and necessary" approval, which we push for on your behalf.
Rehabilitation
Physio, exercise physiology, occupational therapy, chiropractic where it's clinically indicated. Booked through approved providers, paid directly.
Psychological support
Sessions with a psychologist or psychiatrist for anxiety, PTSD, adjustment disorder, or other mental health impacts from the crash. Covered the same as a physical injury.
Return-to-work support
Graduated return-to-work planning, workplace ergonomic assessments, retraining where you can't go back to your old job.
What about my insurance?
Two different policies, two different things.
- CTP green slip. This is what funds your statutory benefits claim. Claiming under it doesn't affect your green slip premium — the policy exists for exactly this purpose.
- Comprehensive motor insurance. Separate policy that covers your car damage. Making an at-fault claim on this can affect your no-claim bonus and excess. Worth checking your specific motor insurance policy before you decide how to handle the car side.
What if I was only partly at fault?
Better situation. In NSW, contributory negligence works proportionally — if you were 30% at fault and the other driver was 70% at fault, your damages claim (if your injury is non-threshold) is reduced by 30% rather than knocked out. The statutory benefits side runs the same way regardless.
Don't accept a 100% fault apportionment over the phone with the insurer without checking the evidence. Police reports, dashcam footage, and witness accounts often paint a more nuanced picture than the insurer's first take.
The 28-day rule matters extra for at-fault claims
Get the claim in within 28 days of the crash to lock in backdated benefits to day one. The 52-week window starts ticking from the crash whether you've put the claim in or not — if you delay, you lose the weeks at the front end and you can't get them back at the back. See the 28-day rule.
What we do for you
One phone call. We take the details, get the claim in inside 28 days, set up your weekly income payments and medical funding, and stay on the file for the full 52 weeks. We don't turn at-fault drivers away. We don't take a contingency cut from anything.
Take the short check at /check, or call (02) 7238 7379 and a real person picks up.
Related reading
See injured, at fault — the situation page, minor injury claim NSW, or whether you need a lawyer at all.