Sutherland Shire · Car accident compensation

How much car accident compensation? A Taren Point guide

Weekly payments, lost earnings, offers and the 10% line, explained for NSW CTP claims.

After a crash, most people want to know what they can claim. For people in Taren Point, as anywhere in NSW, the honest answer has two parts. Statutory benefits, meaning weekly payments and treatment and care, 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: 2229

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How NSW CTP compensation is structured

The first question isn't “how much?” but “which kind?”. If your injury is a threshold injury, or you were mostly at fault, compensation is generally limited to statutory benefits for up to 52 weeks. If neither applies and someone else caused the crash, a damages claim may sit on top of your benefits.

Read next:Statutory benefits vs damages

What sits outside the damages claim

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.

Claiming compensation from Taren Point

Whether your working day starts on Illawarra Line trains from Cronulla, the South Coast Line or the Princes Highway, a crash that stops you working makes lost earnings the main question. Keep payslips and tax returns from before the accident. Coming under Sutherland Shire Council has no bearing on compensation. Someone in Taren Point 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. From Taren Point, the Sydney CBD is around 19 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
Sutherland Shire
Postcode
2229
Local government area
Sutherland Shire Council
Distance to Hurstville
~6 km

The two kinds of CTP compensation

It helps to see the two side by side. The points below are general and depend on your accident date, so treat them as a guide to the right questions rather than an answer.

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 a damages claim can be made and settled

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

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?

When pain and suffering can be claimed

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.

Payments beyond the 104-week mark

Weekly payments are where statutory benefits and damages overlap. A pending damages claim can stretch weekly payments past the usual 104 weeks: to as long as 156 weeks for impairment at or below the 10% line, or 260 weeks where impairment is more than 10%. Because a damages claim generally can't be made until 20 months after the accident unless impairment is above 10%, the window to lodge in time for this is narrow.

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

Compensation for income you've lost

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 expert reports about your capacity to work.

  • Payslips from before the accident
  • Business records if you're self-employed
  • Evidence of a recent pay rise or promotion
  • Records of any income since the accident

Read next:CTP weekly payments

Why no calculator can give you a figure

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?

Compensation claims: lawyer or not?

Most people don't need a lawyer just to receive weekly payments. When a lump sum may be involved, it's a different story. Use these lists to get your bearings.

Often worth talking to a lawyer

  • Fault is disputed or shared
  • The 2-year mark is close and no damages claim has been lodged
  • Your pre-accident earnings seem to have been set too low
  • Your injury may be more than threshold and another driver was at fault

You may not need one

  • Your injury is a threshold injury and you agree with that
  • You only need to understand how weekly payments are calculated
  • You've recovered and are back at your usual work

If you speak with a lawyer about damages, ask for a written costs disclosure first. Legal costs in CTP damages claims are capped by regulation, and you're entitled to know how the fees are worked out. What a CTP lawyer costs

Not quite your situation?

  • If your injury is serious and you want to know how impairment is assessed and where the threshold line falls, the injury compensation page covers it. Injury compensation lawyer in Taren Point
  • 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 Taren Point
  • If you only need the basics of weekly payments and how to lodge, the CTP claims page for Taren Point sets out the steps. CTP claims in Taren Point

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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