Macarthur & Wollondilly · Car accident compensation

Car accident compensation for people in Buxton

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

After a crash, most people want to know what they can claim. For people in Buxton, 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: 2571

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  • By phone & online, no office to visit
  • Helping people in Buxton & Tahmoor

Claiming compensation from Buxton

If Campbelltown Hospital, Camden Hospital or Liverpool Hospital treated you, keep scans and reports together. Where whole person impairment is more than 10%, damages for pain and suffering may be possible. 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 Wollondilly Shire Council as in every other council area. Buxton is about 34 km south-west of Campbelltown, and you don't need to travel there for advice about compensation. Our claim check is by phone and online, and lawyers who handle damages claims can generally work the same way.

Region
Macarthur & Wollondilly
Postcode
2571
Local government area
Wollondilly Shire Council
Nearest public hospital
Bowral and District Hospital
Distance to Campbelltown
~34 km

How NSW CTP compensation is structured

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

Pain and suffering: the 10% line

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.

Weekly payments while a damages claim is pending

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

Payments beyond 104 weeks depend on a damages claim being pending. The 3-year limit is the outer edge for damages, but the 2-year mark is the one that protects weekly payments.

Read next:CTP weekly payments

The two kinds of CTP compensation

A NSW CTP claim can pay two different kinds of compensation. Most injured people get the first. Only some can claim the second. Neither comes with a set figure; what you receive depends on your circumstances.

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?

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

  • You may have lost some of your future earning capacity
  • The 2-year mark is close and no damages claim has been lodged
  • An offer to settle has come from the insurer
  • Fault is disputed or shared

You may not need one

  • You've recovered and are back at your usual work
  • You were mostly at fault and don't dispute it
  • The insurer is approving your treatment

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 Buxton
  • 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 Buxton
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Buxton sets out the steps. CTP claims in Buxton

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%.

  • Evidence of a recent pay rise or promotion
  • Rosters showing regular overtime or shifts
  • Letters from your employer about your role
  • Records of any income since the accident

Read next:CTP weekly payments

What damages generally don't include

Common law damages in the NSW CTP scheme generally don't include treatment and care costs, or gratuitous care, which is unpaid care from family and friends. Treatment and care continues through statutory benefits instead, within the limits that apply to you. That's a real difference from some other compensation systems, and it's worth knowing before you estimate anything.

When a damages claim can be made and settled

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?

Online estimates and their limits

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?

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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