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 North Kellyville: 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.
The Hills · Car accident compensation
What car accident compensation covers in North Kellyville
Statutory benefits for most people. Damages for some. Here's how to tell which applies to you.
Postcode: 2155
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- Helping people in North Kellyville & Beaumont Hills
Your work, your injury and your claim in North Kellyville
If your working week involves the M2, the M7 or the Metro from Castle Hill or Norwest, a crash that stops you working is measured against your own pre-accident earnings. Keep payslips, tax returns and any business records. 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 The Hills Shire Council as in every other council area. Specialists you see through Westmead 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.
North Kellyville is about 7 km north-west of Castle Hill, 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
- The Hills
- Postcode
- 2155
- Local government area
- The Hills Shire Council
- Nearest public hospital
- Westmead Hospital
- Distance to Castle Hill
- ~7 km
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
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.
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
Benefits and damages, side by side
Here's how the two parts of CTP compensation compare. Statutory benefits start early and are available to most people. Damages come later, if at all, and have stricter entry rules.
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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Get clarity before you accept anything
No figures pulled from thin air. A free, no-obligation claim check by phone or online looks at what your claim can actually include.
Do you need a lawyer to get compensation?
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
- Your injuries may be above the 10% impairment line
- A family member died and dependants may have a claim
- You may have lost some of your future earning capacity
- Fault is disputed or shared
You may not need one
- The insurer is approving your treatment
- You only need to understand how weekly payments are calculated
- 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 the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for North Kellyville explains it. Injury compensation lawyer in North Kellyville
- 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 North Kellyville
- If you only need the basics of weekly payments and how to lodge, the CTP claims page for North Kellyville sets out the steps. CTP claims in North Kellyville
Timing, settlement and offers
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
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.
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.
- Tax returns and notices of assessment
- Evidence of a recent pay rise or promotion
- Your Certificates of Fitness
- Records of any income since the accident
Read next:CTP weekly payments
Non-economic loss explained
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?
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.
Why no calculator can give you a figure
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
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.
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.
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.
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.
Possibly, and you don't have to work it out alone. Close relatives who were financially dependent on the person who died, such as a spouse or de facto partner, parent, child or sibling, may be able to claim for the financial support and domestic services they've lost. This generally depends on the person who died not being mostly at fault. Try to lodge within 3 months of the crash; claims must generally be made within 3 years. CTP Assist (1300 656 919) can connect you with a Principal Liaison Coordinator.
Generally from your income before the accident, using payslips, tax returns or business records. Amendments passed in 2022 allow pre-accident earnings to reflect a higher income earned in the 12 months before the accident, and your actual earnings after it are also taken into account. If your income had recently risen, tell the insurer and provide the evidence. Errors here affect every weekly payment.
Car accident compensation: suburbs near North Kellyville
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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.