Blue Mountains · Car accident compensation

What car accident compensation covers in Mount Riverview

Weekly payments, treatment, lost earnings and the 10% line, explained for NSW CTP claims.

No one can tell you what your claim is worth from a web page, and you should be cautious of anyone who tries. What we can explain is how compensation works for people in Mount Riverview: what each part covers, who qualifies and what the amount depends on. Many people only ever need statutory benefits. Where a damages claim is possible, an independent lawyer's advice matters.

Postcode: 2774

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Two kinds of compensation

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

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.

Compensation for people in Mount Riverview

If you commute on the Blue Mountains Line or the Great Western Highway and can't any more, your compensation reflects your own earnings history. Keep payslips and tax returns from the year before the accident. Coming under Blue Mountains City Council has no bearing on compensation. Someone in Mount Riverview 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. Specialists you see through Nepean 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.

Mount Riverview is about 6 km west of Penrith, and you don't need to travel there for advice about compensation. Our claim check is by phone and online, and lawyers who handle damages claims can generally work the same way.

Region
Blue Mountains
Postcode
2774
Local government area
Blue Mountains City Council
Nearest public hospital
Nepean Hospital
Distance to Penrith
~6 km

Benefits and damages, side by side

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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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?

When weekly payments can run past 2 years

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

Compensation for income you've lost

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
  • Business records if you're self-employed
  • Rosters showing regular overtime or shifts
  • Letters from your employer about your role

Read next:CTP weekly payments

Pain and suffering: the 10% line

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.

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?

Do you need a lawyer to get compensation?

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

  • A family member died and dependants may have a claim
  • Your injury may be more than threshold and another driver was at fault
  • You may have lost some of your future earning capacity
  • Your injuries may be above the 10% impairment line

You may not need one

  • You're receiving weekly payments and they look right
  • You were mostly at fault and don't dispute it
  • Your injury is a threshold injury and you agree with that

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.

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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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