Immediate steps after being injured by a drunk driver
If you were injured in a motor accident in Greater Sydney involving a driver who was intoxicated, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The CTP scheme is designed to provide financial support for injuries sustained in motor accidents, regardless of who was at fault. This means that even if the driver who caused the accident was under the influence of alcohol or drugs, you can still make a claim for compensation through their CTP insurer.
The first priority after any motor accident is to seek medical attention. Even if you feel only minor pain, it is important to have a medical assessment as soon as possible. Some injuries, such as soft tissue damage or internal trauma, may not be immediately apparent. Your medical records will be critical evidence in any claim.
You should also report the accident to the police if it has not already been done. A police report can help establish the facts of the incident, including whether the driver was impaired at the time. If the driver was arrested or charged, this may support your claim. Keep a copy of any police documentation, including the report number and details of the officer involved.
Understanding your CTP claim rights in NSW
Under the Motor Accident Injuries Act 2017 (MAIA), you are entitled to claim for treatment and care benefits, weekly income payments, and, in some cases, damages for pain and suffering. These benefits are available whether or not you were at fault in the accident.
If you were a driver, passenger, pedestrian, cyclist, or motorcyclist at the time of the accident, you may be eligible for compensation. The law does not distinguish between road users based on their role, as long as the injury occurred in a motor accident involving a motor vehicle.
A key point is that CTP compensation is not dependent on proving fault. The CTP insurer is responsible for paying benefits, including treatment and care, regardless of who caused the accident. However, if you wish to claim damages for non-economic loss (such as pain and suffering), you must meet the threshold for a 'serious injury' under the MAIA. This threshold includes injuries that result in a whole person impairment of at least 15% or that meet specific criteria for a permanent impairment.
What evidence to collect and preserve
To support your claim, you must gather and preserve evidence that shows the nature of your injury, the impact on your life, and the circumstances of the accident. This includes:
- Medical records from the time of the accident through to recovery, including assessments by your treating medical practitioner and any specialists.
- Photographs of the accident scene, vehicle damage, and any visible injuries.
- Witness contact details and statements, if available.
- A copy of the police report, if one was filed.
- Records of lost income, including payslips, tax returns, or a letter from your employer confirming time off work.
- Correspondence with the CTP insurer, including any letters, emails, or call logs.
These documents will be used to assess your entitlement to treatment and care benefits, weekly income payments, and, if applicable, damages. The more complete and timely your evidence, the stronger your claim will be.
Time limits and claim deadlines
There are time limits that apply to motor accident claims in NSW. You must notify the CTP insurer of your claim within 6 months of the accident. This is a strict deadline, and failing to meet it may prevent you from making a claim.
If you are claiming damages for non-economic loss, you must also file a claim within 3 years of the accident. This is a longer period, but it still requires prompt action. The 3-year limit begins from the date of the accident, not from when symptoms first appeared or when you received a diagnosis.
If you are still receiving treatment or have not yet reached a medical recovery point, you may still be eligible for ongoing benefits. However, you must still notify the insurer within 6 months to avoid losing your right to claim.
When to seek legal advice
While you are not required to have a solicitor to make a CTP claim, it is strongly recommended that you seek independent legal advice if:
- Your injury is serious or long-term.
- You are disputing the insurer’s assessment of your entitlements.
- You believe you may be entitled to damages but are unsure whether you meet the threshold for a serious injury.
- The insurer has denied your claim or offered a settlement you believe is too low.
A solicitor can help you understand your rights under the MAIA, review your medical evidence, and negotiate on your behalf. They can also assist with formal disputes if the insurer refuses to pay benefits you believe you are entitled to.
Hypothetical example
A 34-year-old cyclist in Sydney’s Inner West was struck by a car driven by a man who had a blood alcohol level of 0.12 at the time of the crash. The cyclist sustained a back injury and was off work for 10 weeks. They sought medical treatment within 24 hours and obtained a police report. The CTP insurer accepted liability and paid for treatment and care, as well as weekly income payments. After 12 months, the cyclist was assessed with a 20% whole person impairment. They met the threshold for a serious injury and were able to claim damages for pain and suffering. This example illustrates how CTP benefits are available even when the driver was intoxicated, and how a claim for damages may follow if the injury meets the legal threshold.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.