Changes to the Motor Accidents Injuries Act: How will it affect you?

Monday, October 23, 2017

In early 2017, the NSW Government passed a new CTP scheme under the Motor Accidents Injuries Act 2017.

The changes provide the following: -

  • All motorists will be covered by the new act, regardless of who was at fault
  • Drivers with minor injuries and other road users suffering from a soft tissue injury or minor psychological or psychiatric injury will receive medical and attendant care, and loss of income benefits for up to six months
  • Moderately injured drivers and other road users with a whole person impairment of 10% or less will receive medical and attendant care, and loss of income benefits for two years. If they still require ongoing assistance they may receive an additional one year of medical and attendant care, as well as loss of income benefits to support them while they make a common law claim against the at fault driver (excludes non-economic loss).
  • Seriously injured drivers and other road users who have a whole person impairment of over 10% will receive the same benefits as moderately injured drivers. However, they may also receive an additional three years of benefits (totaling five years of benefits) to support them while they make a common law claim against the at fault driver.

The changes are due to come into effect on 1 December 2017.* Therefore any accidents that occur after 1 December 2017 will come under the new laws. Any accidents that occurred prior to 1 December 2017 will come under the current Motor Accident Compensation Act 1999.

*The date introduction is the date indicated by the Government as to when the new act will commence.

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