Inner West · Car accident compensation

Stanmore: how car accident compensation works

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

After a crash, most people want to know what they can claim. For people in Stanmore, as anywhere in NSW, the honest answer has two parts. Statutory benefits, meaning weekly payments and treatment, are available to most injured people. Common law damages, a lump sum, are open only to some. Our free claim check looks at which applies to you, and connects you with an independent CTP lawyer if damages may be possible.

Postcode: 2048

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  • By phone & online, no office to visit
  • Helping people in Stanmore & Petersham

Your work, your injury and your claim in Stanmore

Commuting on Parramatta Road, the City West Link or the lines through Strathfield and Burwood? If an injury keeps you from your usual work, weekly payments start from what you earned before, so keep those records handy. 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 Inner West Council as in every other council area. Specialists you see through Royal Prince Alfred 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.

Understanding your compensation options doesn't require a trip to the Sydney CBD. From Stanmore, the claim check happens by phone and online, and if a damages claim is possible, the lawyer you speak with can generally advise remotely too.

Region
Inner West
Postcode
2048
Local government area
Inner West Council
Nearest public hospital
Royal Prince Alfred Hospital
Distance to the Sydney CBD
~5 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

Why damages take time

If the insurer makes an offer, take your time. Ask what it covers, what it assumes about your future earnings and whether it accounts for all your injuries. An independent CTP lawyer can check it against the evidence. Accepting generally ends your damages claim, so it's worth a careful look before you sign anything.

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?

Payments beyond the 104-week mark

Weekly payments generally stop after 104 weeks, or 2 years. They can continue if you've lodged a common law damages claim that is still pending: up to 156 weeks, or 3 years, where your whole person impairment is 10% or less, and up to 260 weeks, or 5 years, where it's more than 10%. The catch is timing. To keep payments going beyond 2 years, the damages claim must be lodged within 2 years of the accident.

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

The two kinds of CTP compensation

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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Find out what your claim may include

Call (02) 7238 7379 or start online. It's free, there's no obligation, and you'll know whether a damages claim may be worth exploring.

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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

  • You may have lost some of your future earning capacity
  • Your pre-accident earnings seem to have been set too low
  • An offer to settle has come from the insurer
  • The 2-year mark is close and no damages claim has been lodged

You may not need one

  • You've recovered and are back at your usual work
  • You only need to understand how weekly payments are calculated
  • You're receiving weekly payments and they look right

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.

Not quite your situation?

  • If the real question is how serious your injury is in claim terms, including impairment, the injury compensation page for Stanmore explains it. Injury compensation lawyer in Stanmore
  • 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 Stanmore
  • For the day-to-day side of weekly payments, such as rates, certificates and the case manager, the CTP claims page is the better fit. CTP claims in Stanmore

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

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?

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.

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
  • Evidence of a recent pay rise or promotion
  • Rosters showing regular overtime or shifts
  • Your Certificates of Fitness

Read next:CTP weekly payments

Online estimates and their limits

Online compensation calculators can't account for the things that actually decide a CTP claim: whether your injury is more than threshold, who was at fault, your whole person impairment, your earnings history and your accident date. A figure produced without those facts isn't a guide; it's a guess. That's why we don't publish one.

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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