Liverpool & Fairfield · Car accident compensation

What car accident compensation covers in Ashcroft

A free check by phone or online. If damages may be open to you, we'll connect you with an independent lawyer.

No one can tell you what your claim is worth from a web page, and you should be cautious of anyone who tries. What we can explain is how compensation works for people in Ashcroft: what each part covers, who qualifies and what the amount depends on. Many people only ever need statutory benefits. Where a damages claim is possible, an independent lawyer's advice matters.

Postcode: 2168

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Claiming compensation from Ashcroft

Whether you worked near Liverpool, Cabramatta or further afield, a crash that stops you working is measured against your own income records. Overtime and shift pay are worth documenting too, because they can form part of pre-accident earnings. Whether your council is Liverpool City Council or another one in NSW, the CTP rules on weekly payments, treatment and damages are the same. What moves the amount is your injury and your earnings, not your address. If Liverpool Hospital admitted you, the dates of your stay and the time off work that followed are part of your earnings picture. Keep the discharge letter with your payslips, because lost income is assessed from both.

From Ashcroft, the Sydney CBD is around 29 km away. That doesn't limit your options: an independent lawyer can run a damages claim by phone, email and video, and the claim check itself runs over the phone or online.

Region
Liverpool & Fairfield
Postcode
2168
Local government area
Liverpool City Council
Nearest public hospital
Liverpool Hospital
From the Sydney CBD
~29 km

Two kinds of compensation

NSW CTP compensation comes in two parts. Statutory benefits, meaning weekly payments and treatment and care, are paid as you go and are available to most injured people regardless of fault. Common law damages are a lump sum, open only where another driver was at fault, you weren't mostly at fault and your injury is more than a threshold injury.

Read next:Statutory benefits vs damages

Compensation for income you've lost

Your pre-accident earnings are the anchor for both weekly payments and economic loss damages. Since amendments passed in 2022, pre-accident earnings can reflect higher income in the 12 months before the accident, and actual earnings after the accident are also considered. If you'd recently had a pay rise, a promotion or more shifts, make sure the insurer knows.

  • Payslips from before the accident
  • Business records if you're self-employed
  • Evidence of a recent pay rise or promotion
  • Letters from your employer about your role

Read next:CTP weekly payments

Treatment, care and the damages claim

If a family member has been driving you to treatment or helping at home, you might expect that to be compensated. Under the current NSW scheme, damages generally don't cover that kind of gratuitous care. Nor do they generally cover treatment costs, which are handled through statutory benefits. The rules for your accident date are worth checking.

The two kinds of CTP compensation

Here's how the two parts of CTP compensation compare. Statutory benefits start early and are available to most people. Damages come later, if at all, and have stricter entry rules.

Statutory benefits

  • Available to most injured people, regardless of fault
  • Weekly payments: up to 95% of pre-accident earnings, then up to 80% or 85%
  • Treatment and care that is reasonable and necessary
  • Up to 52 weeks for a threshold injury or if mostly at fault (accidents from 1 April 2023)
  • Weekly payments generally end at 104 weeks unless a damages claim is pending
  • Claim within 28 days for back-paid weekly payments

Common law damages

  • Only if another driver was at fault and you weren't mostly at fault
  • Your injury must be more than a threshold injury
  • Can include past and future lost earnings
  • Pain and suffering only if whole person impairment is more than 10%
  • Generally doesn't include treatment and care or unpaid care from family
  • Generally must be claimed within 3 years of the accident

General information, not legal advice. We give no dollar figures because every claim is different. Time limits apply.

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Do you need a lawyer to get compensation?

Whether legal help is worth it depends on which kind of compensation you're pursuing and whether anything is in dispute. Here's a general guide to both sides.

Often worth talking to a lawyer

  • The insurer disputes how serious your injury is
  • Your injury may be more than threshold and another driver was at fault
  • A family member died and dependants may have a claim
  • An offer to settle has come from the insurer

You may not need one

  • You only need to understand how weekly payments are calculated
  • The insurer is approving your treatment
  • You were mostly at fault and don't dispute it

Compensation turns on medical evidence, from your first Certificate of Fitness to any later assessment. We can point you to doctors and allied health who understand CTP claims and keep clear records.

Not quite your situation?

  • If your injury is serious and you want to know how impairment is assessed and where the threshold line falls, the injury compensation page covers it. Injury compensation lawyer in Ashcroft
  • Before asking what you can get, you may need to know what kind of claim you have, and the car accident claim page starts there. Car accident claim in Ashcroft
  • For the day-to-day side of weekly payments, such as rates, certificates and the case manager, the CTP claims page is the better fit. CTP claims in Ashcroft

When pain and suffering can be claimed

Damages for pain and suffering, called non-economic loss, are only available if your whole person impairment is more than 10%. Below that line, a damages claim, if you have one, is limited to economic loss. This surprises many people, and it's one of the main reasons two claims that look similar can end very differently.

10% or less?

If your whole person impairment is 10% or less, you may still have a damages claim for lost earnings, as long as the other conditions are met.

Payments beyond the 104-week mark

If you're still off work as the 2-year mark approaches, plan early. Weekly payments generally end at 104 weeks unless a damages claim is pending, and only a claim lodged inside the first 2 years keeps them going. Whether you can claim damages at all depends on fault and on your injury being more than threshold, so it's worth getting advice well before month 20.

The 2-year lodging rule

To keep weekly payments going past 2 years, lodge the damages claim within 2 years of the accident. Waiting until the general 3-year limit can mean payments stop in the meantime.

Read next:CTP weekly payments

Why damages take time

The timing rules for damages, which generally rule out a claim before 20 months and a settlement within 2 years unless impairment is more than 10%, give injuries time to stabilise before they're valued. A claim resolved too early may not reflect how the injury turns out. That's one reason to get advice before accepting any offer: a settlement generally ends the claim for good, and once it's signed there's usually no going back.

Before you accept an offer

Get advice before accepting any settlement offer. A settlement generally ends your damages claim, and once signed it's usually final.

Read next:CTP settlementsShould I accept the first offer?

Online estimates and their limits

Online compensation calculators can't account for the things that actually decide a CTP claim: whether your injury is more than threshold, who was at fault, your whole person impairment, your earnings history and your accident date. A figure produced without those facts isn't a guide; it's a guess. That's why we don't publish one.

Read next:Can I claim damages?

Frequently asked questions

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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