South Coast & Shoalhaven · Car accident compensation

Car accident compensation for people in Gerringong

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

After a crash, most people want to know what they can claim. For people in Gerringong, 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: 2534

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Gerringong & Kiama

Two kinds of compensation

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

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

Gerringong: what shapes your compensation

If your income rises and falls with the holiday seasons on the South Coast, keep records from the full year before the crash. Pre-accident earnings can take account of higher income earned in those 12 months. Coming under Kiama Municipal Council has no bearing on compensation. Someone in Gerringong 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. If Shellharbour 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.

Gerringong is about 19 km south of Shellharbour, 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
South Coast & Shoalhaven
Postcode
2534
Local government area
Kiama Municipal Council
Nearest public hospital
Shellharbour Hospital
Distance to Shellharbour
~19 km

Statutory benefits vs common law damages

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.

Two women talking at a cafe by Sydney Harbour

Free claim check

Get clarity before you accept anything

Call (02) 7238 7379 or start online. It's free, there's no obligation, and you'll know whether a damages claim may be worth exploring.

Free · No obligation

Why damages take time

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?

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?

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.

Gaps people don't expect

CTP covers personal injury only, so vehicle repairs sit outside it altogether and are generally a matter for your own car insurer or the at-fault driver's insurer. Within the injury claim, damages generally cover lost earnings and, above 10% impairment, pain and suffering, while treatment stays with statutory benefits. If you've paid for treatment yourself, keep the receipts and raise them with the insurer as a statutory benefits question.

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.

  • Payslips from before the accident
  • Evidence of a recent pay rise or promotion
  • Rosters showing regular overtime or shifts
  • Letters from your employer about your role

Read next:CTP weekly payments

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?

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

  • The 2-year mark is close and no damages claim has been lodged
  • An offer to settle has come from the insurer
  • Your injuries may be above the 10% impairment line
  • Fault is disputed or shared

You may not need one

  • You were mostly at fault and don't dispute it
  • You've recovered and are back at your usual work
  • You only need to understand how weekly payments are calculated

Your treating team shapes the evidence for lost earnings, starting with the Certificate of Fitness. If you don't have a team yet, doctors and allied health practitioners who work with CTP claims are a sensible place to start.

Not quite your situation?

  • If the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Gerringong explains it. Injury compensation lawyer in Gerringong
  • 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 Gerringong
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Gerringong sets out the steps. CTP claims in Gerringong

Frequently asked questions

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.

Call now(02) 7238 7379Free claim check