Compensation in a NSW CTP claim depends on your injury, your earnings, who was at fault and your accident date, not on your postcode. If you live in Bardwell Park and want to understand what you might be entitled to, start with the two kinds of compensation below, then use our free claim check to see which applies and whether legal advice would help.
St George & Bayside · Car accident compensation
Car accident compensation after a crash near Bardwell Park
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2207
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Bardwell Park & Bardwell Valley
Two kinds of compensation
It's easier to ask what each part pays for. Statutory benefits pay for time off work and for treatment, from early in the claim, and most people get them whoever was at fault. Damages pay for the longer-term cost of the injury: earnings you've lost or will lose and, where impairment is above the 10% line, pain and suffering. The two sit side by side rather than one replacing the other.
Read next:Statutory benefits vs damages
Compensation for income you've lost
Lost income is covered at two stages. Weekly payments replace part of your earnings as you go: up to 95% of pre-accident earnings for 13 weeks, then up to 80% or 85%. A damages claim can also include past and future loss of earnings, called economic loss, if you qualify. Economic loss damages don't require impairment above 10%.
- Payslips from before the accident
- Tax returns and notices of assessment
- Rosters showing regular overtime or shifts
- Records of any income since the accident
Read next:CTP weekly payments
Bardwell Park: what shapes your compensation
If the Illawarra Line or the M5 East got you to work and the injury has stopped that, your lost earnings are measured against your own pre-accident income, which can reflect higher pay in the 12 months before the crash. Council boundaries don't change what you can claim. Compensation under the NSW CTP scheme depends on your injury, your earnings and fault, and the same rules apply under Bayside Council as in every other council area. If Canterbury 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 Bardwell Park, the Sydney CBD is around 11 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
- St George & Bayside
- Postcode
- 2207
- Local government area
- Bayside Council
- Nearest public hospital
- Canterbury Hospital
- Distance to Hurstville
- ~4 km
Benefits and damages, side by side
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.
Free claim check
Find out what your claim may include
Call (02) 7238 7379 or start online. It's free, there's no obligation, and you'll know whether a damages claim may be worth exploring.
Timing, settlement and offers
Unless your whole person impairment is assessed as more than 10%, a damages claim generally can't be made until 20 months after the accident. It generally can't be settled within 2 years of the accident unless impairment is more than 10%. And the claim must generally be made within 3 years of the accident, with only limited room for a late claim that comes with a full and satisfactory explanation.
Before you accept an offer
Settlement offers are worth a second opinion. The lawyer you speak with can check what the offer covers and whether the timing suits your recovery.
What damages generally don't include
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.
When weekly payments can run past 2 years
Weekly payments are where statutory benefits and damages overlap. A pending damages claim can stretch weekly payments past the usual 104 weeks: to as long as 156 weeks for impairment at or below the 10% line, or 260 weeks where impairment is more than 10%. Because a damages claim generally can't be made until 20 months after the accident unless impairment is above 10%, the window to lodge in time for this is narrow.
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
Non-economic loss explained
Many people assume every injury attracts compensation for pain. In the NSW CTP scheme it doesn't. Non-economic loss damages require whole person impairment of more than 10%, and you still need to meet the other damages conditions: someone else at fault, you not mostly at fault, and more than a threshold injury.
10% or less?
Impairment of 10% or less doesn't end a damages claim. It rules out pain and suffering, but economic loss can still be claimed if you otherwise qualify.
The problem with compensation calculators
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?
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 2-year mark is close and no damages claim has been lodged
- Your pre-accident earnings seem to have been set too low
- Your injuries may be above the 10% impairment line
- Your injury may be more than threshold and another driver was at fault
You may not need one
- You only need to understand how weekly payments are calculated
- You're receiving weekly payments and they look right
- Your injury is a threshold injury and you agree with that
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 the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Bardwell Park explains it. Injury compensation lawyer in Bardwell Park
- 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 Bardwell Park
- If you only need the basics of weekly payments and how to lodge, the CTP claims page for Bardwell Park sets out the steps. CTP claims in Bardwell Park
Frequently asked questions
Get advice before you accept any offer. A settlement generally ends your damages claim for good, so it needs to reflect your lost earnings and, where relevant, pain and suffering, based on reliable medical evidence. An independent CTP lawyer can check whether the offer takes account of your future. There's no obligation to accept an offer simply because it has been made.
No one can tell you that without knowing your facts, and we don't publish figures. Compensation depends on your injuries, your pre-accident earnings, whether someone else was at fault, whether your injury is more than a threshold injury, your whole person impairment and your accident date. Most people receive statutory benefits. Some can also claim damages. A free claim check helps you understand which applies to you.
Statutory benefits can include weekly payments if you can't work, or can't work as much, and treatment and care that is reasonable and necessary. If you qualify for common law damages, they can include past and future loss of earnings and, if your whole person impairment is more than 10%, pain and suffering. After a fatal crash, reasonable funeral expenses are covered regardless of fault.
Yes, in two ways. Weekly payments replace part of your income while you recover: up to 95% of pre-accident earnings for the first 13 weeks, then up to 80% or 85%, subject to an indexed maximum. If you qualify for common law damages, you can also claim past and future loss of earnings, called economic loss, without needing impairment above 10%.
Possibly, and you don't have to work it out alone. Close relatives who were financially dependent on the person who died, such as a spouse or de facto partner, parent, child or sibling, may be able to claim for the financial support and domestic services they've lost. This generally depends on the person who died not being mostly at fault. Try to lodge within 3 months of the crash; claims must generally be made within 3 years. CTP Assist (1300 656 919) can connect you with a Principal Liaison Coordinator.
Only if your whole person impairment is more than 10%, and only as part of a common law damages claim. That means another driver must have been at fault, you must not have been mostly at fault, and your injury must be more than a threshold injury. If your impairment is 10% or less, you may still claim damages for lost earnings.
Car accident compensation: suburbs near Bardwell Park
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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.