Central Coast · Car accident compensation

Car accident compensation after a crash near Long Jetty

No figures, no guesses. Just what compensation can include and what the amount depends on.

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 Long Jetty 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: 2261

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Long Jetty & The Entrance

Your work, your injury and your claim in Long Jetty

Many Central Coast residents commute to Sydney by train or the M1. If an injury has ended that commute, your lost earnings are based on what you actually earned before, wherever the job was. Whether your council is Central Coast Council 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. Specialists you see through Wyong 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 Long Jetty, the Sydney CBD is around 62 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
Central Coast
Postcode
2261
Local government area
Central Coast Council
Nearest public hospital
Wyong Hospital
From the Sydney CBD
~62 km

Two kinds of compensation

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

When a damages claim can be made and settled

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

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.

Read next:CTP settlementsShould I accept the first offer?

Gaps people don't expect

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.

The two kinds of CTP compensation

A NSW CTP claim can pay two different kinds of compensation. Most injured people get the first. Only some can claim the second. Neither comes with a set figure; what you receive depends on your circumstances.

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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Compensation claims: lawyer or not?

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
  • Fault is disputed or shared
  • Your injuries may be above the 10% impairment line
  • 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
  • The insurer is approving your treatment
  • You're receiving weekly payments and they look right

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 Long Jetty
  • 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 Long Jetty
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Long Jetty sets out the steps. CTP claims in Long Jetty

Weekly payments while a damages claim is pending

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

When the injury affects your work

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%.

  • Tax returns and notices of assessment
  • Your Certificates of Fitness
  • Letters from your employer about your role
  • Records of any income since the accident

Read next:CTP weekly payments

When pain and suffering can be claimed

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?

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.

Why no calculator can give you a figure

Instead of a figure, get clarity on the questions that matter. Is your injury more than threshold? Were you mostly at fault? What did you earn before? Could impairment exceed 10%? Our free claim check works through those questions, and where a damages claim is possible, we'll connect you with an independent lawyer.

Read next:Can I claim damages?

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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