If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Hoxton Park, 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.
Liverpool & Fairfield · Car accident compensation
Hoxton Park: how car accident compensation works
No figures, no guesses. Just what compensation can include and what the amount depends on.
Postcode: 2171
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Hoxton Park & Carnes Hill
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
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%.
- Evidence of a recent pay rise or promotion
- Rosters showing regular overtime or shifts
- Your Certificates of Fitness
- Records of any income since the accident
Read next:CTP weekly payments
Hoxton Park: what shapes your compensation
After a crash on the M7, Elizabeth Drive or The Horsley Drive, an insurer's first offer is a starting point, not a verdict. Check that it accounts for future earnings as well as the past before you agree. Whether your council is Liverpool City Council or another one in NSW, the CTP rules on weekly payments and damages are the same. What moves the amount is your injury and your earnings, not your address. Understanding your compensation options doesn't require a trip to Liverpool. From Hoxton Park, the claim check happens by phone and online, and if a damages claim is possible, the lawyer you speak with can generally advise remotely too.
- Region
- Liverpool & Fairfield
- Postcode
- 2171
- Local government area
- Liverpool City Council
- Distance to Liverpool
- ~7 km
Benefits and damages, side by side
Here's how the two parts of CTP compensation compare. Statutory benefits start early and are available to most people. Damages come later, if at all, and have stricter entry rules.
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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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?
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.
Timing, settlement and offers
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
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.
What sits outside the damages claim
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 and care stays with statutory benefits. If you've paid for something yourself, keep the receipt and raise it with the insurer as a statutory benefits question.
Payments beyond the 104-week mark
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
Why no calculator can give you a figure
It's natural to want a number. But in the NSW scheme, compensation depends on assessments that haven't happened yet in most claims, such as impairment and future earning capacity. Any figure given early, by a website or anyone else, should be treated with caution. A careful look at your facts is more useful than an estimate.
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
- Your pre-accident earnings seem to have been set too low
- The 2-year mark is close and no damages claim has been lodged
- Your injury may be more than threshold and another driver was at fault
- Fault is disputed or shared
You may not need one
- You've recovered and are back at your usual work
- You're receiving weekly payments and they look right
- You only need to understand how weekly payments are calculated
Damages claims run on a clock. A claim must generally be made within 3 years of the accident, and within 2 years if you want weekly payments to continue past that point. CTP claim time limits
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 Hoxton Park
- 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 Hoxton Park
- 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 Hoxton Park
Frequently asked questions
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.
Get advice before you accept any offer. A settlement generally ends your damages claim for good, so it needs to reflect your lost earnings and, where relevant, pain and suffering, based on reliable evidence. An independent CTP lawyer can check whether the offer takes account of your future. There's no obligation to accept an offer simply because it has been made.
Not for NSW CTP claims. Compensation depends on facts a calculator can't assess, such as whether your injury is more than threshold, your whole person impairment, your share of fault and your earnings history. Many of those aren't known until well into a claim. Treat any online figure with caution, and focus instead on the questions that decide your entitlements.
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.
A damages claim generally cannot be settled within 2 years of the accident unless your whole person impairment is more than 10%. Beyond that point, the timing turns on how your injury settles, what the evidence shows and how negotiations with the insurer progress. Be cautious of anyone suggesting an early result is possible without those conditions. Take your time, and get advice before you accept any offer.
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.
Car accident compensation: suburbs near Hoxton Park
Related reading
- How much compensation?
- 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
- Liverpool & Fairfield: 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.