Macarthur & Wollondilly · Car accident compensation

Understanding car accident compensation in Raby

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

The compensation available after a car accident in NSW isn't a single figure. It's a set of entitlements that turn on the facts. Most people in Raby who are injured can get weekly payments and treatment. Some can also claim a lump sum for lost earnings and, in serious cases, pain and suffering. We'll help you work out which group you're in, free and with no obligation.

Postcode: 2566

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Benefits first, damages maybe

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

Loss of earnings

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%.

  • Payslips from before the accident
  • Business records if you're self-employed
  • Evidence of a recent pay rise or promotion
  • Your Certificates of Fitness

Read next:CTP weekly payments

Your work, your injury and your claim in Raby

If your working day starts on the Hume Motorway, Narellan Road or the Airport & South Line and the injury has stopped it, weekly payments and any lost-earnings damages are based on your pre-accident earnings. Coming under Campbelltown City Council has no bearing on compensation. Someone in Raby 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 Campbelltown 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.

Raby is about 5 km north of Campbelltown, 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
Macarthur & Wollondilly
Postcode
2566
Local government area
Campbelltown City Council
Nearest public hospital
Campbelltown Hospital
Distance to Campbelltown
~5 km

The two kinds of CTP compensation

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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Timing, settlement and offers

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?

Payments beyond the 104-week mark

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

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.

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.

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?

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

  • The insurer disputes how serious your injury is
  • Your injury may be more than threshold and another driver was at fault
  • Your injuries may be above the 10% impairment line
  • An offer to settle has come from the insurer

You may not need one

  • You're receiving weekly payments and they look right
  • Your injury is a threshold injury and you agree with that
  • You only need to understand how weekly payments are calculated

Your treating team shapes the evidence for lost earnings, starting with the Certificate of Fitness. If you don't have a team yet, doctors and allied health practitioners who work with CTP claims are a sensible place to start.

Not quite your situation?

  • If the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Raby explains it. Injury compensation lawyer in Raby
  • 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 Raby
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Raby sets out the steps. CTP claims in Raby

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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