Lower North Shore & Ryde · Car accident compensation

How much car accident compensation? A Lane Cove North guide

Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.

The compensation available after a car accident in NSW isn't a single figure. It's a set of entitlements that turn on the facts. Most people in Lane Cove North who are injured can get weekly payments and treatment. Some can also claim a lump sum for lost earnings and, in serious cases, pain and suffering. We'll help you work out which group you're in, free and with no obligation.

Postcode: 2066

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Lane Cove North & Lane Cove

How NSW CTP compensation is structured

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 a damages claim can be made and settled

Unless your whole person impairment is assessed as more than 10%, a damages claim generally can't be made until 20 months after the accident. It generally can't be settled within 2 years of the accident unless impairment is more than 10%. And the claim must generally be made within 3 years of the accident, with only limited room for a late claim that comes with a full and satisfactory explanation.

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?

Lane Cove North: what shapes your compensation

If your commute runs on the Metro to Macquarie Park or on buses along Military Road and the crash has kept you home, lost earnings are worked out from your own records, including any recent rise in pay. Coming under Lane Cove Council has no bearing on compensation. Someone in Lane Cove North 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. Specialists you see through Royal North Shore Hospital may later be asked about your capacity to work. Their opinions can shape a claim for future lost earnings, so tell them about the work you did before the crash, not just your symptoms.

From Lane Cove North, the Sydney CBD is around 8 km away. That doesn't limit your options: an independent lawyer can run a damages claim by phone, email and video, and the claim check itself runs over the phone or online.

Region
Lower North Shore & Ryde
Postcode
2066
Local government area
Lane Cove Council
Nearest public hospital
Royal North Shore Hospital
From the Sydney CBD
~8 km

Benefits and damages, side by side

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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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

Compensation for income you've lost

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.

  • Tax returns and notices of assessment
  • Evidence of a recent pay rise or promotion
  • Your Certificates of Fitness
  • Records of any income since the accident

Read next:CTP weekly payments

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.

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?

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.

Online estimates and their limits

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?

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

  • A family member died and dependants may have a claim
  • Your pre-accident earnings seem to have been set too low
  • You may have lost some of your future earning capacity
  • Your injury may be more than threshold and another driver was at fault

You may not need one

  • You were mostly at fault and don't dispute it
  • You're receiving weekly payments and they look right
  • 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.

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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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