“How much will I get?” is the question everyone asks, and the true answer is that it depends. It depends on whether your injury is more than a threshold injury, whether someone else was at fault, what you earned before and your whole person impairment. For people in Menai, our free claim check sorts out which of these apply before you commit to anything.
Sutherland Shire · Car accident compensation
Menai: how car accident compensation works
A free check by phone or online. If damages may be open to you, we'll connect you with an independent lawyer.
Postcode: 2234
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- Helping people in Menai & Menai Central
Benefits first, damages maybe
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
Treatment, care and the damages claim
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.
Your work, your injury and your claim in Menai
If The Sutherland Hospital or St George Hospital treated you, those records are part of the story of your injury. In a damages claim, pain and suffering is only available where whole person impairment is more than 10%. Coming under Sutherland Shire Council has no bearing on compensation. Someone in Menai 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 Menai, the Sydney CBD is around 24 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
- Sutherland Shire
- Postcode
- 2234
- Local government area
- Sutherland Shire Council
- Nearest public hospital
- Bankstown-Lidcombe Hospital
- Distance to Sutherland
- ~5 km
The two kinds of CTP compensation
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
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
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
When the injury affects your work
Your pre-accident earnings are the anchor for both weekly payments and economic loss damages. Since amendments passed in 2022, pre-accident earnings can reflect higher income in the 12 months before the accident, and actual earnings after the accident are also considered. If you'd recently had a pay rise, a promotion or more shifts, make sure the insurer knows.
- Payslips from before the accident
- Evidence of a recent pay rise or promotion
- Rosters showing regular overtime or shifts
- Letters from your employer about your role
Read next:CTP weekly payments
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
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.
When pain and suffering can be claimed
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?
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
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
- Fault is disputed or shared
- An offer to settle has come from the insurer
- The insurer disputes how serious your injury is
- A family member died and dependants may have a claim
You may not need one
- You've recovered and are back at your usual work
- The insurer is approving your treatment
- You only need to understand how weekly payments are calculated
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 Menai
- 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 Menai
- If you only need the basics of weekly payments and how to lodge, the CTP claims page for Menai sets out the steps. CTP claims in Menai
Frequently asked questions
Yes, in two ways. Weekly payments replace part of your income while you recover: up to 95% of pre-accident earnings for the first 13 weeks, then up to 80% or 85%, subject to an indexed maximum. If you qualify for common law damages, you can also claim past and future loss of earnings, called economic loss, without needing impairment above 10%.
Statutory benefits can include weekly payments if you can't work, or can't work as much, and treatment and care that is reasonable and necessary. If you qualify for common law damages, they can include past and future loss of earnings and, if your whole person impairment is more than 10%, pain and suffering. After a fatal crash, reasonable funeral expenses are covered regardless of fault.
Only if your whole person impairment is more than 10%, and only as part of a common law damages claim. That means another driver must have been at fault, you must not have been mostly at fault, and your injury must be more than a threshold injury. If your impairment is 10% or less, you may still claim damages for lost earnings.
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.
They can. The usual end point is 104 weeks, but a common law damages claim you've lodged that is still pending can extend them: to as long as 156 weeks where whole person impairment is 10% or less, or 260 weeks where it's more than 10%. The extension only works if the damages claim went in within 2 years of the accident, so the timing of your claim matters.
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 Menai
Related reading
- How much compensation?
- Motor accident compensation: how it works
- Claiming damages
- CTP claims for self-employed and gig workers
- Chronic Pain After a Car Accident
- Back Injury
- Disc Bulge After a Car Accident
- Pre-Existing Condition Aggravation
- Fatality and Dependency Claims
- Sutherland Shire: area guide
- CTP Lawyer Help in Sydney
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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.