If you're injured and off work, the compensation question is really a household question: how will the bills get paid? For people in Maroubra, 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.
Eastern Suburbs · Car accident compensation
Maroubra: how car accident compensation works
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2035
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- Helping people in Maroubra & Hillsdale
Your work, your injury and your claim in Maroubra
Whether you commute on Anzac Parade, Southern Cross Drive or New South Head Road, a crash that keeps you from work turns on what you earned before it. Payslips and tax returns from that year are the starting point for any lost-earnings claim. Whether your council is Randwick City 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. Follow-up care after your time at Prince of Wales 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.
From Maroubra, the Sydney CBD is around 9 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
- Eastern Suburbs
- Postcode
- 2035
- Local government area
- Randwick City Council
- Nearest public hospital
- Prince of Wales Hospital
- Distance to Bondi Junction
- ~7 km
Benefits first, damages maybe
Think of statutory benefits as the support that keeps you going while you recover, and damages as compensation for what the injury has cost you over the longer term. You can receive benefits without ever claiming damages, and many people do. Damages are a separate claim with their own timing, evidence and rules.
Read next:Statutory benefits vs damages
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
Get advice before accepting any settlement offer. A settlement generally ends your damages claim, and once signed it's usually final.
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%.
- Payslips from before the accident
- Tax returns and notices of assessment
- Business records if you're self-employed
- Your Certificates of Fitness
Read next:CTP weekly payments
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.
Free claim check
Get clarity before you accept anything
Our claim check is free, by phone or online, with no obligation. Where a damages claim looks possible, we can introduce you to an independent lawyer.
When legal advice changes the picture
Whether legal help is worth it depends on which kind of compensation you're pursuing and whether anything is in dispute. Here's a general guide to both sides.
Often worth talking to a lawyer
- Fault is disputed or shared
- An offer to settle has come from the insurer
- You may have lost some of your future earning capacity
- The insurer disputes how serious your injury is
You may not need one
- You're receiving weekly payments and they look right
- The insurer is approving your treatment
- Your injury is a threshold injury and you agree with that
If your recovery has stalled, the right treatment matters more than any figure. We can connect you with doctors and allied health experienced with CTP claims and the Certificate of Fitness, alongside legal help if you need it.
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 Maroubra
- 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 Maroubra
- 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 Maroubra
Payments beyond the 104-week mark
If you're still off work as the 2-year mark approaches, plan early. Weekly payments generally end at 104 weeks unless a damages claim is pending, and only a claim lodged inside the first 2 years keeps them going. Whether you can claim damages at all depends on fault and on your injury being more than threshold, so it's worth getting advice well before month 20.
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
Non-economic loss explained
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?
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.
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.
Online estimates and their limits
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
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.
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.
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.
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 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.
A damages claim generally cannot be settled within 2 years of the accident unless your whole person impairment is more than 10%. Beyond that point, the timing turns on how your recovery goes, what the medical evidence shows and how negotiations with the insurer progress. Be cautious of anyone suggesting an early result is possible without those conditions. Take your time, and get advice before you accept any offer.
Car accident compensation: suburbs near Maroubra
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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.