Compensation in a NSW CTP claim depends on your injury, your earnings, who was at fault and your accident date, not on your postcode. If you live in Lennox Head and want to understand what you might be entitled to, start with the two kinds of compensation below, then use our free claim check to see which applies and whether legal advice would help.
Northern Rivers & Clarence · Car accident compensation
What car accident compensation covers in Lennox Head
A free check by phone or online. If damages may be open to you, we'll connect you with an independent lawyer.
Postcode: 2478
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Two kinds of compensation
It's easier to ask what each part pays for. Statutory benefits pay for time off work and for treatment and care, 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
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?
Impairment of 10% or less doesn't end a damages claim. It rules out pain and suffering, but economic loss can still be claimed if you otherwise qualify.
Your work, your injury and your claim in Lennox Head
Near the Queensland border, where the crash happened matters. A crash in Queensland generally falls under Queensland's scheme, with different compensation rules, so check the location before relying on NSW information. Coming under Ballina Shire Council has no bearing on compensation. Someone in Lennox Head 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. From Lennox Head, the Sydney CBD is around 607 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
- Northern Rivers & Clarence
- Postcode
- 2478
- Local government area
- Ballina Shire Council
- Distance to Ballina
- ~7 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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Call (02) 7238 7379 or start online. It's free, there's no obligation, and you'll know whether a damages claim may be worth exploring.
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 expert reports about your capacity to work.
- Business records if you're self-employed
- Rosters showing regular overtime or shifts
- Your Certificates of Fitness
- Records of any income since the accident
Read next:CTP weekly payments
Why damages take time
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.
Gaps people don't expect
If a family member has been driving you around 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 and care costs, which are handled through statutory benefits. The rules for your accident date are worth checking.
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
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
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
- The 2-year mark is close and no damages claim has been lodged
- Your injuries may be above the 10% impairment line
- A family member died and dependants may have a claim
- The insurer disputes how serious your injury is
You may not need one
- You're receiving weekly payments and they look right
- You've recovered and are back at your usual work
- You only need to understand how weekly payments are calculated
If you speak with a lawyer about damages, ask for a written costs disclosure first. Legal costs in CTP damages claims are capped by regulation, and you're entitled to know how the fees are worked out. What a CTP lawyer costs
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 Lennox Head
- 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 Lennox Head
- 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 Lennox Head
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.
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.
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.
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.
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.
Car accident compensation: suburbs near Lennox Head
Related reading
- How much compensation?
- Motor accident compensation: how it works
- Whole person impairment
- CTP claims for self-employed and gig workers
- Lump sum and damages claims
- Chronic Pain After a Car Accident
- Back Injury
- Disc Bulge After a Car Accident
- Pre-Existing Condition Aggravation
- Fatality and Dependency Claims
- Northern Rivers & Clarence: area guide
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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.