The Hills · Car accident compensation

Car accident compensation in Kenthurst: what and when

Weekly payments, treatment, lost earnings and the 10% line, explained for NSW CTP claims.

If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Kenthurst, 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.

Postcode: 2156

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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

When the injury affects your work

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
  • Business records if you're self-employed
  • Your Certificates of Fitness
  • Records of any income since the accident

Read next:CTP weekly payments

Kenthurst: what shapes your compensation

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. 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 The Hills Shire Council as in every other council area. Kenthurst is about 7 km north of Castle Hill, 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
The Hills
Postcode
2156
Local government area
The Hills Shire Council
Nearest public hospital
Hornsby Ku-ring-gai Hospital
Distance to Castle Hill
~7 km

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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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?

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.

When a damages claim can be made and settled

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?

When weekly payments can run past 2 years

If you're still off work as the 2-year mark approaches, plan early. Weekly payments generally end at 104 weeks unless a damages claim is pending, and only a claim lodged inside the first 2 years keeps them going. Whether you can claim damages at all depends on fault and on your injury being more than threshold, so it's worth getting advice well before month 20.

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

If a family member has been driving you to treatment or helping at home, you might expect that to be compensated. Under the current NSW scheme, damages generally don't cover that kind of gratuitous care. Nor do they generally cover treatment costs, which are handled through statutory benefits. The rules for your accident date are worth checking.

Online estimates and their limits

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

Whether legal help is worth it depends on which kind of compensation you're pursuing and whether anything is in dispute. Here's a general guide to both sides.

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
  • Fault is disputed or shared
  • The insurer disputes how serious your injury is

You may not need one

  • You've recovered and are back at your usual work
  • The insurer is approving your treatment
  • 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 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 Kenthurst
  • 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 Kenthurst
  • 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 Kenthurst

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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