South Coast & Shoalhaven · Car accident compensation

How much car accident compensation? A Sussex Inlet guide

No figures, no guesses. Just what compensation can include and what the amount depends on.

Compensation in a NSW CTP claim depends on your injury, your earnings, who was at fault and your accident date, not on your postcode. If you live in Sussex Inlet and want to understand what you might be entitled to, start with the two kinds of compensation below, then use our free claim check to see which applies and whether legal advice would help.

Postcode: 2540

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  • Helping people in Sussex Inlet & Sanctuary Point

Sussex Inlet: what shapes your compensation

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. 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 Shoalhaven City Council as in every other council area. From Sussex Inlet, the Sydney CBD is around 154 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
Milton-Ulladulla Hospital
Distance to Nowra
~30 km

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

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

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?

What damages generally don't include

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.

Benefits and damages, side by side

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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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

  • A family member died and dependants may have a claim
  • The insurer disputes how serious your injury is
  • You may have lost some of your future earning capacity
  • An offer to settle has come from the insurer

You may not need one

  • The insurer is approving your treatment
  • You're receiving weekly payments and they look right
  • Your injury is a threshold injury and you agree with that

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.

When the injury affects your work

If the injury means you can't return to the work you did, or can only work fewer hours, that loss can stretch well into the future. In a damages claim, future economic loss looks at what you would likely have earned if the crash hadn't happened. Evidence matters: payslips, tax returns, employer letters and medical opinions about your capacity.

  • Payslips from before the accident
  • Evidence of a recent pay rise or promotion
  • Your Certificates of Fitness
  • Letters from your employer about your role

Read next:CTP weekly payments

When weekly payments can run past 2 years

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

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

The problem with compensation calculators

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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