If you are receiving statutory weekly wage benefits following a motor vehicle accident in New South Wales, it is important to ensure that your payments are being increased in line with the law.

Under the Motor Accident Injuries Act 2017 (NSW), statutory weekly benefits are indexed twice each year, in May and October. These increases are linked to changes in Average Weekly Earnings (AWE) rather than the Consumer Price Index (CPI), meaning many injured people should see their weekly payments increase over time.

Unfortunately, recent concerns have emerged regarding whether some claimants have received all of the indexation increases to which they are entitled.

Reports of Missed Indexation Payments

The Australian Lawyers Alliance (ALA) has recently identified examples where claimants insured through NRMA have allegedly not received indexation increases that should have taken effect from 1 May 2026.

It is understood that these issues may not be isolated incidents. In one reported matter, a claimant had allegedly missed three consecutive indexation increases dating back to April 2025.

The issue has been brought to the attention of the State Insurance Regulatory Authority (SIRA). Historically, SIRA has taken regulatory action against a CTP insurer for failing to process indexation payments accurately and within a reasonable timeframe.

At the time of writing, no public statement has been issued detailing the nature or extent of the current concerns.

What Should Happen If Payments Have Been Incorrect?

It is understood that efforts are being made to identify and rectify any underpayments.

Where an insurer has failed to apply the required indexation, affected claimants should receive:

• Correction of ongoing weekly payments;
• Back-payment of any unpaid entitlements;
• Interest on amounts that should have been paid earlier; and
• Correspondence explaining the adjustments that have been made.

However, there is no guarantee that legal representatives will automatically receive copies of all correspondence sent directly to claimants.

How Can You Check Your Payments?

If you are receiving statutory weekly benefits following a motor accident, it is worthwhile periodically reviewing your payment history.

A simple way to check is to compare:

• Your final payment received in April with your first payment received in May; and
• Your final payment received in September with your first payment received in October.

In many cases, there should be a noticeable increase reflecting the statutory indexation adjustment.

Reviewing a payment schedule or bank statements can quickly identify whether the benefit amount changed when it should have.

What Should You Do If You Think Payments Are Wrong?

If you believe an insurer has failed to apply an indexation increase correctly, it is important to raise the issue promptly.

Claimants should:

• Request a detailed payment history from the insurer;
• Review payments made in May and October each year;
• Notify the insurer of any apparent discrepancy;
• Request any outstanding arrears and applicable interest be paid; and
• Seek legal advice if the issue is not resolved promptly.

Don’t Miss Out On Your Entitlements

While insurers generally process indexation increases automatically, errors can occur. Even a small underpayment can accumulate into a significant amount over several years.

If you are receiving CTP statutory benefits and are unsure whether your payments have been indexed correctly, the experienced team at Don Cameron & Associates can review your claim and help ensure you receive every entitlement available under the legislation.

If you have concerns about your CTP payments or believe you may have been underpaid, contact Don Cameron & Associates for expert advice.

This article is general information only and does not constitute legal advice. Individual circumstances vary and you should obtain advice specific to your claim.