Northern Beaches · Car accident compensation

How much car accident compensation? A Davidson guide

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

The compensation available after a car accident in NSW isn't a single figure. It's a set of entitlements that turn on the facts. Most people in Davidson who are injured can get weekly payments and treatment. Some can also claim a lump sum for lost earnings and, in serious cases, pain and suffering. We'll help you work out which group you're in, free and with no obligation.

Postcode: 2085

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Your work, your injury and your claim in Davidson

With no rail line, many working days here start on Pittwater Road, the Wakehurst Parkway or the B-Line. If an injury has cut your hours, weekly payments are based on your pre-accident earnings, not on how far you travel. 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 Northern Beaches Council as in every other council area. If Northern Beaches 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 Davidson, 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
Northern Beaches
Postcode
2085
Local government area
Northern Beaches Council
Nearest public hospital
Northern Beaches Hospital
Distance to Chatswood
~7 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

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.

When a damages claim can be made and settled

The timing rules for damages, which generally rule out a claim before 20 months and a settlement within 2 years unless impairment is more than 10%, give injuries time to stabilise before they're valued. A claim resolved too early may not reflect how the injury turns out. That's one reason to get advice before accepting any offer: a settlement generally ends the claim for good, and once it's signed there's usually no going back.

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 two kinds of CTP compensation

It helps to see the two side by side. The points below are general and depend on your accident date, so treat them as a guide to the right questions rather than an answer.

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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Compensation claims: lawyer or not?

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

  • You may have lost some of your future earning capacity
  • An offer to settle has come from the insurer
  • 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're receiving weekly payments and they look right
  • You've recovered and are back at your usual work
  • You only need to understand how weekly payments are calculated

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 Davidson explains it. Injury compensation lawyer in Davidson
  • 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 Davidson
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Davidson sets out the steps. CTP claims in Davidson

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
  • Letters from your employer about your role
  • Records of any income since the accident

Read next:CTP weekly payments

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

Treatment, care and the damages claim

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.

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?

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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