Can I claim pain and suffering for whiplash in NSW?

Only if permanent impairment is greater than 10%; soft tissue injuries are usually threshold injuries with limited benefits.

Who assesses my impairment?

Medical assessors of the Personal Injury Commission, whose certificates can be reviewed.

Does the 10% threshold apply to psychological injury?

Yes; Momand’s PTSD was certified at 15%, greater than 10%.

What is the statute of limitations for whiplash claims in New South Wales?

3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a tolling exception.

NSW

★ New South Wales · whiplash

Whiplash settlements
in New South Wales.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 30 September 20269 min read

In New South Wales, motor accident claims run through the Personal Injury Commission, where medical assessors decide whether impairment passes the 10% threshold for damages for non-economic loss. A driver rear ended by a van in 2021 was certified at 15% for PTSD; the Supreme Court quashed a refusal to let the insurer seek a review. In a 2011 crash claim, the court quashed a review panel’s certificate.

Facts that decide a whiplash claim in New South Wales

Motor accident threshold	For motor accident claims, damages for non-economic loss need permanent impairment greater than 10%, assessed by medical assessors of the Personal Injury Commission.Motor Accidents Compensation Act 1999 (NSW) s 131, as described in NRMA v Kirkpinar [2025] NSWSC 162
Threshold injuries	Soft tissue injuries are generally “threshold injuries” under the Motor Accident Injuries Act 2017, which limits what can be claimed; an injury with nerve involvement can fall outside that category.Allianz v Susak [2025] NSWCA 91
Certificates can be challenged	Medical assessment certificates and refusals to review them can be taken to the Supreme Court; in Momand the question was whether a substantial, clearly articulated argument had been ignored.NRMA v Momand [2024] NSWSC 1529

★ NSW · reported whiplash outcomes

What New South Wales courts have awarded.

Real New South Wales decisions and verdicts, each linked to the court record or official report.

Insurance Australia Ltd t/as NRMA Insurance v Momand
Supreme Court of NSW · 2024
Refusal of review quashed
On 11 March 2021 a 2001 Toyota HiAce van hit the rear of the car Hedgerat Momand was driving. He claimed chronic PTSD and a persistent depressive disorder, and a medical assessor certified permanent impairment of 15%, greater than 10%. A delegate refused the insurer’s request to send the certificate to a review panel. The court quashed that refusal and sent it back.
Insurance Australia Ltd t/as NRMA Insurance v Kirkpinar
Supreme Court of NSW · 2025
Review panel certificate quashed
Musa Kirkpinar was injured in a motor accident in NSW in July 2011 and claimed under the Motor Accidents Compensation Act 1999. The insurer disputed whether his permanent impairment from the crash was greater than 10%, the threshold for non-economic loss. The case turned on the review panel’s approach to causation and the adequacy of its reasons. The court quashed the panel’s certificate and sent the matter back to a review panel.

★ NSW · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in New South Wales.

1
Your whole person impairment percentage decides whether you can claim non-economic loss.
2
Report psychological symptoms after a crash; PTSD can be assessed separately from physical injury.
3
Medical assessment certificates can be reviewed and challenged in court.

★ NSW · statute of limitations

3 years from discoverability

Limitation Act 1969 (NSW) s 50C

★ NSW · fault rule

Common-law contributory reduction

Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.

★ NSW · caps

What caps recovery.

Statutory caps that may bear on a whiplash settlement in New South Wales.

Non-economic loss cap
Civil Liability Act PI
AU$734,500 (2024), annually indexed
Civil Liability Act 2002 (NSW) s 16
Minor injury threshold
CTP non-economic loss damages
>10% WPI
MAIA 2017 (NSW)

★ whiplash · same region & fault regime

Compare to like jurisdictions.

How New South Wales's fault rule and limitation period compare to jurisdictions in the same Australia region and to those running the same fault rule for whiplash claims.

Jurisdiction	Fault rule	Limitation	Whiplash page
New South Wales · you are here	Common-law contributory reduction	3 years from discoverability	—
Victoria	Common-law contributory reduction	3 years from discoverability (subject to 12-year longstop)	VIC · whiplash →
Queensland	Common-law contributory reduction	3 years from discoverability	QLD · whiplash →
Tasmania	Common-law contributory reduction	3 years from discoverability	TAS · whiplash
Australian Capital Territory	Common-law contributory reduction	3 years from discoverability	ACT · whiplash
Western Australia	Common-law contributory reduction	3 years from discoverability with 12-year longstop	WA · whiplash →
South Australia	Common-law contributory reduction	3 years from discoverability	SA · whiplash
Northern Territory	No-fault statutory scheme	3 years	NT · whiplash

★ NSW · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Can I claim pain and suffering for whiplash in NSW?
Only if permanent impairment is greater than 10%; soft tissue injuries are usually threshold injuries with limited benefits.
Who assesses my impairment?
Medical assessors of the Personal Injury Commission, whose certificates can be reviewed.
Does the 10% threshold apply to psychological injury?
Yes; Momand’s PTSD was certified at 15%, greater than 10%.
What is the statute of limitations for whiplash claims in New South Wales?
3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a tolling exception.

Sources

Checked 2026-09-30.

★ all of NSW

New South Wales overview

Fault rule, statute, caps, and key facts for New South Wales as a whole.

★ national frame

Whiplash in Australia

Whiplash band structure and severity tiers at the Australia level.

★ all 15 countries

Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in New South Wales. See /methodology, /sources, and /disclaimer.

Whiplash settlementsin New South Wales.

Facts that decide a whiplash claim in New South Wales

Sources

Whiplash settlements
in New South Wales.