South Coast & Shoalhaven · Car accident compensation

Sanctuary Point: how car accident compensation works

A free check by phone or online. If damages may be open to you, we'll connect you with an independent lawyer.

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 Sanctuary Point 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: 2540

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  • By phone & online, no office to visit
  • Helping people in Sanctuary Point & St Georges Basin

Your work, your injury and your claim in Sanctuary Point

If Shoalhaven District Memorial Hospital, Milton-Ulladulla Hospital or South East Regional Hospital treated you, keep the records. They support the picture of your injury if you later make a damages claim. Whether your council is Shoalhaven City Council 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. From Sanctuary Point, the Sydney CBD is around 147 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
South Coast & Shoalhaven
Postcode
2540
Local government area
Shoalhaven City Council
Nearest public hospital
Shoalhaven District Memorial Hospital
Distance to Nowra
~25 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

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

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?

When the injury affects your work

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
  • Business records if you're self-employed
  • Letters from your employer about your role
  • Records of any income since the accident

Read next:CTP weekly payments

Statutory benefits vs common law damages

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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When legal advice changes the picture

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 pre-accident earnings seem to have been set too low
  • Your injury may be more than threshold and another driver was at fault
  • An offer to settle has come from the insurer
  • The insurer disputes how serious your injury is

You may not need one

  • You only need to understand how weekly payments are calculated
  • Your injury is a threshold injury and you agree with that
  • The insurer is approving your treatment

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?

Pain and suffering: the 10% line

Where your injury sits against the 10% line is often unclear early on, and it isn't something to guess. Some injuries are plainly above it and many are below it. How and when impairment is assessed is a subject of its own; for compensation, what matters is that pain and suffering damages depend on the line, while lost-earnings damages don't.

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.

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

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

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

Why no calculator can give you a figure

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?

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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