South Coast & Shoalhaven · Car accident compensation

Car accident compensation in Huskisson: what and when

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

Postcode: 2540

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Benefits first, damages maybe

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

Pain and suffering: the 10% line

Damages for pain and suffering, called non-economic loss, are only available if your whole person impairment is more than 10%. Below that line, a damages claim, if you have one, is limited to economic loss. This surprises many people, and it's one of the main reasons two claims that look similar can end very differently.

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.

Compensation for people in Huskisson

If Shoalhaven District Memorial Hospital, Milton-Ulladulla Hospital or South East Regional Hospital treated you, keep the records. They support the picture of your injury if you later make a damages claim. 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 Shoalhaven City Council as in every other council area. Huskisson is about 19 km south of Nowra, 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
2540
Local government area
Shoalhaven City Council
Nearest public hospital
Shoalhaven District Memorial Hospital
Distance to Nowra
~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.

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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

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?

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.

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

Loss of earnings

If the injury means you can't return to the work you did, or can only work fewer hours, that loss can stretch well into the future. In a damages claim, future economic loss looks at what you would likely have earned if the crash hadn't happened. Evidence matters: payslips, tax returns, employer letters and medical opinions about your capacity.

  • Payslips from before the accident
  • Tax returns and notices of assessment
  • Your Certificates of Fitness
  • Letters from your employer about your role

Read next:CTP weekly payments

The problem with compensation calculators

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?

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

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

You may not need one

  • You've recovered and are back at your usual work
  • You were mostly at fault and don't dispute it
  • 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 Huskisson explains it. Injury compensation lawyer in Huskisson
  • 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 Huskisson
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Huskisson sets out the steps. CTP claims in Huskisson

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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