Car accident compensation after a crash near Oak Flats

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.

Under the NSW CTP scheme, treatment and care costs, and unpaid help from family and friends (called gratuitous care), generally sit outside a common law damages claim. Your treatment keeps being funded through statutory benefits instead, for as long as the benefit periods that apply to you allow. Damage to your vehicle isn't part of a CTP claim at all, because CTP covers personal injury only.

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.

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.

Not for NSW CTP claims. Compensation depends on facts a calculator can't assess, such as whether your injury is more than threshold, your whole person impairment, your share of fault and your earnings history. Many of those aren't known until well into a claim. Treat any online figure with caution, and focus instead on the questions that decide your entitlements.

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%.