“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 Kings Cross, our free claim check sorts out which of these apply before you commit to anything.
Sydney CBD & inner city · Car accident compensation
Understanding car accident compensation in Kings Cross
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2011
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Your work, your injury and your claim in Kings Cross
Whether your working day starts at Central, Town Hall or Wynyard, a crash that keeps you home turns the question to lost earnings. Keep payslips, rosters and tax records, because they set the base for weekly payments and any damages claim. Whether your council is the City of Sydney 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. Follow-up care after your time at St Vincent's Hospital, such as a specialist review or physiotherapy, is generally funded through statutory benefits rather than damages. Keep receipts for anything you pay yourself, and ask the insurer before committing to large costs.
- Region
- Sydney CBD & inner city
- Postcode
- 2011
- Local government area
- City of Sydney
- Nearest public hospital
- St Vincent's Hospital
Benefits first, damages maybe
It's easier to ask what each part pays for. Statutory benefits pay for time off work and for treatment, from early in the claim, and most people get them whoever was at fault. Damages pay for the longer-term cost of the injury: earnings you've lost or will lose and, where impairment is above the 10% line, pain and suffering. The two sit side by side rather than one replacing the other.
Read next:Statutory benefits vs damages
Weekly payments while a damages claim is pending
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
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
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
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.
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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Tell us about your injury and your work. We'll explain which compensation may apply, free and with no obligation.
Do you need a lawyer to get compensation?
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
- Fault is disputed or shared
- Your injury may be more than threshold and another driver was at fault
- The 2-year mark is close and no damages claim has been lodged
- The insurer disputes how serious your injury is
You may not need one
- You only need to understand how weekly payments are calculated
- You were mostly at fault and don't dispute it
- Your injury is a threshold injury and you agree with that
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 Kings Cross
- 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 Kings Cross
- If you only need the basics of weekly payments and how to lodge, the CTP claims page for Kings Cross sets out the steps. CTP claims in Kings Cross
Gaps people don't expect
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.
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 income you've lost
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
- Letters from your employer about your role
- Records of any income since the accident
Read next:CTP weekly payments
Why no calculator can give you a figure
Online compensation calculators can't account for the things that actually decide a CTP claim: whether your injury is more than threshold, who was at fault, your whole person impairment, your earnings history and your accident date. A figure produced without those facts isn't a guide; it's a guess. That's why we don't publish one.
Read next:Can I claim damages?
Frequently asked questions
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.
Possibly, and you don't have to work it out alone. Close relatives who were financially dependent on the person who died, such as a spouse or de facto partner, parent, child or sibling, may be able to claim for the financial support and domestic services they've lost. This generally depends on the person who died not being mostly at fault. Try to lodge within 3 months of the crash; claims must generally be made within 3 years. CTP Assist (1300 656 919) can connect you with a Principal Liaison Coordinator.
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 medical 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.
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.
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.
Yes, in two ways. Weekly payments replace part of your income while you recover: up to 95% of pre-accident earnings for the first 13 weeks, then up to 80% or 85%, subject to an indexed maximum. If you qualify for common law damages, you can also claim past and future loss of earnings, called economic loss, without needing impairment above 10%.
Car accident compensation: suburbs near Kings Cross
Related reading
- How much compensation?
- Lump sum and damages claims
- Motor accident compensation: how it works
- Claiming damages
- Chronic Pain After a Car Accident
- Back Injury
- Disc Bulge After a Car Accident
- Pre-Existing Condition Aggravation
- Fatality and Dependency Claims
- Sydney CBD & inner city: area guide
- CTP Lawyer Help in Sydney
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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.