Inner West · Car accident compensation

How much car accident compensation? A Lewisham guide

A free check by phone or online. If damages may be open to you, we'll connect you with an independent lawyer.

If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Lewisham, 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: 2049

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Two kinds of compensation

NSW CTP compensation comes in two parts. Statutory benefits, meaning weekly payments and treatment and care, are paid as you go and are available to most injured people regardless of fault. Common law damages are a lump sum, open only where another driver was at fault, you weren't mostly at fault and your injury is more than a threshold injury.

Read next:Statutory benefits vs damages

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

Lewisham: what shapes your compensation

Commuting on Parramatta Road, the City West Link or the lines through Strathfield and Burwood? If an injury keeps you from your usual work, weekly payments start from what you earned before, so keep those records handy. 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 Inner West Council as in every other council area. Follow-up care after your time at Royal Prince Alfred 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.

Understanding your compensation options doesn't require a trip to Burwood. From Lewisham, the claim check happens by phone and online, and if a damages claim is possible, the lawyer you speak with can generally advise remotely too.

Region
Inner West
Postcode
2049
Local government area
Inner West Council
Nearest public hospital
Royal Prince Alfred Hospital
Distance to Burwood
~4 km

The two kinds of CTP compensation

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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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.

Why damages take time

The timing rules for damages, which generally rule out a claim before 20 months and a settlement within 2 years unless impairment is more than 10%, give injuries time to stabilise before they're valued. A claim resolved too early may not reflect how the injury turns out. That's one reason to get advice before accepting any offer: a settlement generally ends the claim for good, and once it's signed there's usually no going back.

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?

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.

  • Payslips from before the accident
  • Tax returns and notices of assessment
  • Evidence of a recent pay rise or promotion
  • Your Certificates of Fitness

Read next:CTP weekly payments

Pain and suffering: the 10% line

Where your injury sits against the 10% line is often unclear early on, and it isn't something to guess. Some injuries are plainly above it and many are below it. How and when impairment is assessed is a subject of its own; for compensation, what matters is that pain and suffering damages depend on the line, while lost-earnings damages don't.

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.

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?

Do you need a lawyer to get compensation?

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

  • The 2-year mark is close and no damages claim has been lodged
  • A family member died and dependants may have a claim
  • Your injury may be more than threshold and another driver was at fault
  • Fault is disputed or shared

You may not need one

  • You only need to understand how weekly payments are calculated
  • The insurer is approving your treatment
  • You were mostly at fault and don't dispute it

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 Lewisham
  • 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 Lewisham
  • 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 Lewisham

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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