If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Dural, statutory benefits usually come first, with weekly payments based on your pre-accident earnings. A damages claim may follow if someone else was at fault and your injury is serious enough. A free claim check tells you where you stand.
The Hills · Car accident compensation
What car accident compensation covers in Dural
Weekly payments, treatment, lost earnings and the 10% line, explained for NSW CTP claims.
Postcode: 2158
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Dural & Kenthurst
Claiming compensation from Dural
Westmead Hospital and Hornsby Ku-ring-gai Hospital records can shape a claim years later. Where whole person impairment is more than 10%, the door opens to damages for pain and suffering. Whether your council is The Hills Shire Council or another one in NSW, the CTP rules on weekly payments, treatment and damages are the same. What moves the amount is your injury and your earnings, not your address. From Dural, the Sydney CBD is around 27 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
- The Hills
- Postcode
- 2158
- Local government area
- The Hills Shire Council
- Nearest public hospital
- Hornsby Ku-ring-gai Hospital
- Distance to Castle Hill
- ~6 km
How NSW CTP compensation is structured
The first question isn't “how much?” but “which kind?”. If your injury is a threshold injury, or you were mostly at fault, compensation is generally limited to statutory benefits for up to 52 weeks. If neither applies and someone else caused the crash, a damages claim may sit on top of your benefits.
Read next:Statutory benefits vs damages
Weekly payments while a damages claim is pending
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
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
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.
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.
Free claim check
Get clarity before you accept anything
No figures pulled from thin air. A free, no-obligation claim check by phone or online looks at what your claim can actually include.
When legal advice changes the picture
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
- Your injury may be more than threshold and another driver was at fault
- Your pre-accident earnings seem to have been set too low
- The 2-year mark is close and no damages claim has been lodged
You may not need one
- You're receiving weekly payments and they look right
- The insurer is approving your treatment
- You were mostly at fault and don't dispute it
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 Dural explains it. Injury compensation lawyer in Dural
- 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 Dural
- 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 Dural
When the injury affects your work
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%.
- Payslips from before the accident
- 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
Why damages take time
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.
When pain and suffering can be claimed
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?
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.
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?
Frequently asked questions
Statutory benefits can include weekly payments if you can't work, or can't work as much, and treatment and care that is reasonable and necessary. If you qualify for common law damages, they can include past and future loss of earnings and, if your whole person impairment is more than 10%, pain and suffering. After a fatal crash, reasonable funeral expenses are covered regardless of fault.
Under the NSW CTP scheme, treatment and care costs, and unpaid help from family and friends (called gratuitous care), generally sit outside a common law damages claim. Your treatment keeps being funded through statutory benefits instead, for as long as the benefit periods that apply to you allow. Damage to your vehicle isn't part of a CTP claim at all, because CTP covers personal injury only.
The same principles apply, but proving earnings takes more paperwork. Tax returns, business activity statements, accountant's records and contracts help show what you earned before the accident. If your business was growing, records from the year before the crash can matter. Gather them early, because the insurer relies on them for weekly payments, and they matter again in any damages claim.
No one can tell you that without knowing your facts, and we don't publish figures. Compensation depends on your injuries, your pre-accident earnings, whether someone else was at fault, whether your injury is more than a threshold injury, your whole person impairment and your accident date. Most people receive statutory benefits. Some can also claim damages. A free claim check helps you understand which applies to you.
Generally from your income before the accident, using payslips, tax returns or business records. Amendments passed in 2022 allow pre-accident earnings to reflect a higher income earned in the 12 months before the accident, and your actual earnings after it are also taken into account. If your income had recently risen, tell the insurer and provide the evidence. Errors here affect every weekly payment.
Generally not until 20 months after the accident, unless your whole person impairment is assessed as more than 10%. The claim must generally be made within 3 years of the accident. If you want weekly payments to continue beyond 2 years, lodge the damages claim within 2 years of the accident. Because these dates interact, it's worth getting advice well before the 2-year mark.
Car accident compensation: suburbs near Dural
Related reading
- How much compensation?
- CTP claims for self-employed and gig workers
- Motor accident compensation: how it works
- Lump sum and damages claims
- Whole person impairment
- Chronic Pain After a Car Accident
- Back Injury
- Disc Bulge After a Car Accident
- Pre-Existing Condition Aggravation
- Fatality and Dependency Claims
- The Hills: area guide
- CTP Lawyer Help in Sydney
Ready to talk it through?
Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.
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.