---
title: "List the NSW week limits on motor-accident weekly payments"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-how-long-weekly-motor-accident-income-benefits-can-continue/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-13-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# List the NSW week limits on motor-accident weekly payments

> From the accident date and the facts the lawyer marks, list the week limits in sections 3.11 and 3.12 and the fact that would select each one. Do not pick the limit and do not calculate a payment.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-how-long-weekly-motor-accident-income-benefits-can-continue/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the accident date and the facts the lawyer marks, list the week limits in sections 3.11 and 3.12 and the fact that would select each one. Do not pick the limit and do not calculate a payment. |
| What the lawyer must review | Decide which week limit applies, including fault, a threshold injury, and any pending damages claim. Section 3.11 stops weekly payments after 52 weeks only in the cases that section states. Section 3.12 states 104, 156 or 260 weeks for other injured persons. Do not use it for a section 3.11 case. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for | New South Wales |
| Applies to | [Work out how long weekly motor-accident income benefits can continue](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-how-long-weekly-motor-accident-income-benefits-can-continue.md) |

## Checking plan

**Verify against sources**

The lawyer chooses the week limit. The tool lists sections 3.11 and 3.12 and does not calculate a payment.

- What the AI does: From the accident date and the facts the lawyer marks, list the week limits in sections 3.11 and 3.12 and the fact that would select each one. Do not pick the limit and do not calculate a payment.
- What the lawyer does: Decide fault, threshold injury, permanent impairment and whether a damages claim is pending.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 3.11: no weekly payments for loss of earnings or earning capacity more than 52 weeks after the accident if the accident was caused wholly or mostly by the fault of the person, or the person's only injuries were threshold injuries. Mostly at fault means contributory negligence greater than 61 per cent.
2. The note to section 3.11 says section 3.38 provides a reduction after 52 weeks where the person is not mostly at fault. Section 3.38 was not opened. Do not state a reduction percentage.
3. Section 3.12 is for other injured persons. The period is 104 weeks unless a damages claim is pending, whether or not liability is accepted. It is 156 weeks if a damages claim is pending and permanent impairment is not greater than 10 per cent, and 260 weeks if a damages claim is pending and permanent impairment is greater than 10 per cent.
4. Section 3.12(3) ends that period if the pending damages claim is withdrawn, settled or finally determined after 104 weeks. Do not decide what follows if the damages claim ends before 104 weeks.
5. The guidelines still name notices for benefits up to 52 weeks and after 52 weeks, and matters for employment reasonably available from week 79. Those clauses do not set the week limits in sections 3.11 and 3.12.

## Notes

- Do not decide fault, whether an injury is a threshold injury, or the degree of permanent impairment. Section 3.19 requires notice before discontinuing or reducing weekly payments after four continuous weeks. That notice is 2, 4 or 8 weeks depending on the entitlement period. It does not apply to a reduction only from a return to work, a change in earnings, or a lower statutory rate, or to a suspension under the Act. It is not the week limit. The week counts of the entitlement periods were not in that section.

## Practical guide

Jurisdiction: Motor Accident Injuries Act 2017 (NSW) sections 3.11 and 3.12, for an accident on or after 1 December 2017

**Deliverable**: A list of the week limits and the fact that would select each one. No limit is chosen.

**Inputs**

- Accident date
- Lawyer's marks on fault, threshold injury and permanent impairment
- Whether a damages claim is pending

**Example**: Illustrative example: No damages claim is pending, and the lawyer has not marked fault or a threshold injury. The tool lists the 52-week gate and the 104-week gate and does not choose between them.

**Stop and escalate when**

- The tool is asked to choose the week limit or to calculate a weekly rate.
- The lawyer marks the person under section 3.11 and the tool is asked to apply section 3.12.

Checked 2026-10-23.

## Sources

- [Motor Accident Injuries Act 2017 (NSW) section 3.11](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.11.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) section 3.12](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.12.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) section 3.19](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.19.html) (checked 2026-10-23)
- [SIRA Motor Accident Guidelines Part 4](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/motor-accident-guidelines/part-4-of-the-motor-accident-guidelines-claims) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [New South Wales motor accident weekly statutory benefits worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-maia-weekly-benefits.md) | Other | Yellow | Worksheet for weekly statutory benefits under the Motor Accident Injuries Act 2017 (NSW) sections 3.6 to 3.12 and Schedule 1.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*