Liverpool & Fairfield · Car accident compensation

Car accident compensation for people in Miller

Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.

“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 Miller, our free claim check sorts out which of these apply before you commit to anything.

Postcode: 2168

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  • By phone & online, no office to visit
  • Helping people in Miller & Cartwright

Miller: what shapes your compensation

Records from Liverpool Hospital, Fairfield Hospital and Bankstown-Lidcombe Hospital can matter long after the crash. If your injury may be above the 10% impairment line, those early notes help. 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 Liverpool City Council as in every other council area. From Miller, the Sydney CBD is around 29 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
Liverpool & Fairfield
Postcode
2168
Local government area
Liverpool City Council
Nearest public hospital
Liverpool Hospital
From the Sydney CBD
~29 km

How NSW CTP compensation is structured

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

Timing, settlement and offers

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.

Read next:CTP settlementsShould I accept the first offer?

When pain and suffering can be claimed

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.

Statutory benefits vs common law damages

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

  • An offer to settle has come from the insurer
  • Your pre-accident earnings seem to have been set too low
  • A family member died and dependants may have a claim
  • Your injuries may be above the 10% impairment line

You may not need one

  • You've recovered and are back at your usual work
  • You only need to understand how weekly payments are calculated
  • The insurer is approving your treatment

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 the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Miller explains it. Injury compensation lawyer in Miller
  • 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 Miller
  • 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 Miller

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.

Compensation for income you've lost

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
  • Business records if you're self-employed
  • Rosters showing regular overtime or shifts
  • Records of any income since the accident

Read next:CTP weekly payments

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

Online estimates and their limits

Online compensation calculators can't account for the things that actually decide a CTP claim: whether your injury is more than threshold, who was at fault, your whole person impairment, your earnings history and your accident date. A figure produced without those facts isn't a guide; it's a guess. That's why we don't publish one.

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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