Canterbury-Bankstown · Car accident compensation

What car accident compensation covers in Mount Lewis

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

Compensation in a NSW CTP claim depends on your injury, your earnings, who was at fault and your accident date, not on your postcode. If you live in Mount Lewis and want to understand what you might be entitled to, start with the two kinds of compensation below, then use our free claim check to see which applies and whether legal advice would help.

Postcode: 2190

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Claiming compensation from Mount Lewis

If you speak Arabic, Vietnamese, Greek or Chinese at home, ask for an interpreter when compensation is explained. Understanding how weekly payments and damages are worked out matters before you agree to anything. Whether your council is the City of Canterbury-Bankstown 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 Bankstown-Lidcombe 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 Mount Lewis, the Sydney CBD is around 15 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
Canterbury-Bankstown
Postcode
2190
Local government area
City of Canterbury-Bankstown
Nearest public hospital
Bankstown-Lidcombe Hospital
From the Sydney CBD
~15 km

How NSW CTP compensation is structured

The first question isn't “how much?” but “which kind?”. If your injury is a threshold injury, or you were mostly at fault, compensation is generally limited to statutory benefits for up to 52 weeks. If neither applies and someone else caused the crash, a damages claim may sit on top of your benefits.

Read next:Statutory benefits vs damages

Loss of earnings

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
  • Your Certificates of Fitness
  • Records of any income since the accident

Read next:CTP weekly payments

Why damages take time

Unless your whole person impairment is assessed as more than 10%, a damages claim generally can't be made until 20 months after the accident. It generally can't be settled within 2 years of the accident unless impairment is more than 10%. And the claim must generally be made within 3 years of the accident, with only limited room for a late claim that comes with a full and satisfactory explanation.

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?

Benefits and damages, side by side

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?

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

  • An offer to settle has come from the insurer
  • Fault is disputed or shared
  • Your injuries may be above the 10% impairment line
  • A family member died and dependants may have a claim

You may not need one

  • You were mostly at fault and don't dispute it
  • You only need to understand how weekly payments are calculated
  • 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 the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Mount Lewis explains it. Injury compensation lawyer in Mount Lewis
  • 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 Mount Lewis
  • 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 Mount Lewis

Gaps people don't expect

CTP covers personal injury only, so vehicle repairs sit outside it altogether and are generally a matter for your own car insurer or the at-fault driver's insurer. Within the injury claim, damages generally cover lost earnings and, above 10% impairment, pain and suffering, while treatment stays with statutory benefits. If you've paid for treatment yourself, keep the receipts and raise them with the insurer as a statutory benefits question.

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

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?

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.

The problem with compensation calculators

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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