St George & Bayside · Car accident compensation

Car accident compensation for people in Blakehurst

No figures, no guesses. Just what compensation can include and what the amount depends on.

After a crash, most people want to know what they can claim. For people in Blakehurst, as anywhere in NSW, the honest answer has two parts. Statutory benefits, meaning weekly payments and treatment, are available to most injured people. Common law damages, a lump sum, are open only to some. Our free claim check looks at which applies to you, and connects you with an independent CTP lawyer if damages may be possible.

Postcode: 2221

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Blakehurst & Kyle Bay

Claiming compensation from Blakehurst

If St George Hospital treated you after a crash on King Georges Road or the Princes Highway, keep the records. Serious injuries may later be measured against the 10% impairment line, and the early notes help. Coming under Georges River Council has no bearing on compensation. Someone in Blakehurst and someone at the other end of the state are assessed under the same NSW rules, based on their injuries, their earnings and who was at fault. From Blakehurst, the Sydney CBD is around 16 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
2221
Local government area
Georges River Council
Nearest public hospital
St George Hospital
From the Sydney CBD
~16 km

How NSW CTP compensation is structured

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

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.

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%.

  • Tax returns and notices of assessment
  • Business records if you're self-employed
  • Rosters showing regular overtime or shifts
  • Records of any income since the accident

Read next:CTP weekly payments

Statutory benefits vs common law damages

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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Understand your compensation options

Tell us about your injury and your work. We'll explain which compensation may apply, free and with no obligation.

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Do you need a lawyer to get compensation?

Most people don't need a lawyer just to receive weekly payments. When a lump sum may be involved, it's a different story. Use these lists to get your bearings.

Often worth talking to a lawyer

  • Fault is disputed or shared
  • A family member died and dependants may have a claim
  • You may have lost some of your future earning capacity
  • 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've recovered and are back at your usual work
  • You were mostly at fault and don't dispute it

Your treating team shapes the evidence for lost earnings, starting with the Certificate of Fitness. If you don't have a team yet, doctors and allied health practitioners who work with CTP claims are a sensible place to start.

Not quite your situation?

  • If the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Blakehurst explains it. Injury compensation lawyer in Blakehurst
  • 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 Blakehurst
  • 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 Blakehurst

Non-economic loss explained

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?

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.

Payments beyond the 104-week mark

Weekly payments generally stop after 104 weeks, or 2 years. They can continue if you've lodged a common law damages claim that is still pending: up to 156 weeks, or 3 years, where your whole person impairment is 10% or less, and up to 260 weeks, or 5 years, where it's more than 10%. The catch is timing. To keep payments going beyond 2 years, the damages claim must be lodged within 2 years of the accident.

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

Timing, settlement and offers

If the insurer makes an offer, take your time. Ask what it covers, what it assumes about your future earnings and whether it accounts for all your injuries. An independent CTP lawyer can check it against the evidence. Accepting generally ends your damages claim, so it's worth a careful look before you sign anything.

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?

The problem with compensation calculators

It's natural to want a number. But in the NSW scheme, compensation depends on assessments that haven't happened yet in most claims, such as impairment and future earning capacity. Any figure given early, by a website or anyone else, should be treated with caution. A careful look at your facts is more useful than an estimate.

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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