Canterbury-Bankstown · Car accident compensation

What car accident compensation covers in Chullora

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

“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 Chullora, our free claim check sorts out which of these apply before you commit to anything.

Postcode: 2190

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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

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.

Your work, your injury and your claim in Chullora

Hurt on the Hume Highway, Canterbury Road or the M5? If Bankstown-Lidcombe Hospital treated you, keep those records, because a claim for pain and suffering depends on whole person impairment above 10%. Coming under the City of Canterbury-Bankstown has no bearing on compensation. Someone in Chullora 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 Chullora, the Sydney CBD is around 15 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
Canterbury-Bankstown
Postcode
2190
Local government area
City of Canterbury-Bankstown
Nearest public hospital
Bankstown-Lidcombe Hospital
Distance to Bankstown
~3 km

Statutory benefits vs common law damages

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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When pain and suffering can be claimed

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?

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.

Loss of earnings

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.

  • Tax returns and notices of assessment
  • Business records if you're self-employed
  • Evidence of a recent pay rise or promotion
  • Rosters showing regular overtime or shifts

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

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?

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

The problem with compensation calculators

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?

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

  • Your injury may be more than threshold and another driver was at fault
  • The insurer disputes how serious your injury is
  • Your injuries may be above the 10% impairment line
  • A family member died and dependants may have a claim

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
  • Your injury is a threshold injury and you agree with that

If your recovery has stalled, the right treatment matters more than any figure. We can connect you with doctors and allied health experienced with CTP claims and the Certificate of Fitness, alongside legal help if you need it.

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 Chullora
  • 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 Chullora
  • 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 Chullora

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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