Liverpool & Fairfield · Car accident compensation

Understanding car accident compensation in Bonnyrigg

Weekly payments, lost earnings, offers and the 10% line, explained for NSW CTP claims.

“How much will I get?” is the question everyone asks, and the true answer is that it depends. It depends on whether your injury is more than a threshold injury, whether someone else was at fault, what you earned before and your whole person impairment. For people in Bonnyrigg, our free claim check sorts out which of these apply before you commit to anything.

Postcode: 2177

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Benefits first, damages maybe

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

Gaps people don't expect

If a family member has been driving you around 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 and care costs, which are handled through statutory benefits. The rules for your accident date are worth checking.

Compensation for people in Bonnyrigg

After a crash on the M7, Elizabeth Drive or The Horsley Drive, an insurer's first offer is a starting point, not a verdict. Check that it accounts for future earnings as well as the past before you agree. Coming under Fairfield City Council has no bearing on compensation. Someone in Bonnyrigg 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 Bonnyrigg, the Sydney CBD is around 30 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.

Plenty of households around Bonnyrigg use Arabic. Before you weigh up an offer or a damages estimate, CTP Assist on 1300 656 919 can arrange an interpreter, so every figure and condition is clear.

Region
Liverpool & Fairfield
Postcode
2177
Local government area
Fairfield City Council
Distance to Liverpool
~4 km
Community languages
Arabic

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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Weekly payments while a damages claim is pending

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

Non-economic loss explained

Where your injury sits against the 10% line is often unclear early on, and it isn't something to guess. Some injuries are plainly above it and many are below it. How and when impairment is assessed is a subject of its own; for compensation, what matters is that pain and suffering damages depend on the line, while lost-earnings damages don't.

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.

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

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.

Read next:CTP settlementsShould I accept the first offer?

Loss of earnings

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
  • Your Certificates of Fitness

Read next:CTP weekly payments

Why no calculator can give you a figure

Instead of a figure, get clarity on the questions that matter. Is your injury more than threshold? Were you mostly at fault? What did you earn before? Could impairment exceed 10%? Our free claim check works through those questions, and where a damages claim is possible, we'll connect you with an independent lawyer.

Read next:Can I claim damages?

Do you need a lawyer to get compensation?

Statutory benefits often run without a lawyer. Damages claims usually involve one. These lists show common situations, and your own claim check can confirm where you sit.

Often worth talking to a lawyer

  • An offer to settle has come from the insurer
  • A family member died and dependants may have a claim
  • Your pre-accident earnings seem to have been set too low
  • 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
  • Your injury is a threshold injury and you agree with that
  • You were mostly at fault and don't dispute it

Before you accept any offer, get it in writing and check what it covers: past and future lost earnings and, where impairment is more than 10%, pain and suffering. Take your time; an offer doesn't have to be answered on the spot. CTP settlements

Not quite your situation?

  • If the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Bonnyrigg explains it. Injury compensation lawyer in Bonnyrigg
  • If it isn't clear yet whether this is a CTP injury claim, a damage claim or something else, begin with the car accident claim page. Car accident claim in Bonnyrigg
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Bonnyrigg sets out the steps. CTP claims in Bonnyrigg

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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