Amendments to The Motor Accident Injuries Act (NSW) 2017
Motor Accidents
29 April 2026
3min read
Key Takeaways
Motor Accident Injuries Act amendments (effective 1 April 2023) expanded statutory benefits duration and removed barriers to common law claims. Key changes streamline the claims process.
• Statutory benefits now cover 52 weeks for weekly payments and medical expenses, up from 26 weeks for accidents after 1 April 2023
• Threshold injury determinations have 9 months deadline from claim lodging, extended from 3 months
• Common law claimants no longer required to wait 20 months before claiming or 2 years before settling
• Claims must be made within 3 years, but three-year time limit for commencing Personal Injury Commission damages dispute removed
Motor Accident Injuries Act 1 April 2023 – Understand the changes and how they impact you if you are injured in a motor vehicle accident.
The New South Wales State Government has amended the Motor Accident Injuries Act 2017 following a statutory review of the scheme. This guide aims to to help you understand the significant changes.
Effective from 1 April 2023, changes to the New South Wales Motor Accident Injuries Act 2017 have been implemented.
What are the amendments to the New South Wales Motor Accident Injuries Act 2017?
Motor Accident Injuries Act – 1 April 2023
- The “minor injury” term has been replaced with the new term “threshold injury”. This is essentially a rebranding of the characterisation of injuries as “minor” or “non-minor”. The definition remains unchanged however; it is now known as a “threshold injury”.
- Regardless of fault or threshold injury, claimants will now receive statutory benefits of weekly payments and medical expenses for up to 52 weeks instead of the previous 26 weeks. This amendment commences on 1 April 2023 and will only apply to accidents that occur after that date.
- The insurer’s decision on “threshold injury” is now due nine (9) months after the claim is lodged, not the current three (3) months. This only applies to accidents that occur on or after 1 April 2023.
- In relation to whole-person impairment disputes, the claimant is no longer required to seek an internal review from the insurer before referring the matter to the Personal Injury Commission.
- Motor Accident Injury claimants are no longer required to wait 20 months before making a common law claim.
- Motor Accident Injury claimants are no longer required to wait two (2) years before settling their common law claim.
- The three-year time limit to commence a damages dispute in the Personal Injury Commission has been removed. This means that you still must claim common law damages within the three-year time limit, but you do not need to apply to the Personal Injury Commission within three years. It is, however, advisable to make an application to the Personal Injury Commission within three years as to proceed to the District Court of NSW requires that the claim be made within a three (3) year time period
If you have suffered a motor accident injury and need the assistance of an expert in person injury law, contact Garling&Co lawyers. Our lawyers are accredited specialists in personal injury law and available to assist you with your claim. Please contact our office at (02) 8329 9500 or complete a free case assessment today.
Disclaimer
The information contained on this article is of a general nature only and is not intended to be legal advice. The law may have changed since the information was published. There is no intention to create a lawyer-client relationship and you should always seek legal advice about your own personal circumstances.
You might also be
interested in
Motor Accidents
29 April 2026
3min read
Motorbike and Motorcycle Accident Compensation Claims Guide
In this guide, we break down everything you need to know about making a Motorcycle compensation claim, explain the process, and answer frequently asked questions.
Motor Accidents
29 April 2026
3min read
Motor Vehicle Accident Claims in NSW Guide
Understand what you need to do if you're injured in a motor accident with our step-by-step guide to lodging a claim. Read more now.
Have you suffered a
serious injury
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our Clients
Are Saying
Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.