Warrawee: how car accident compensation works

A damages claim generally cannot be settled within 2 years of the accident unless your whole person impairment is more than 10%. Beyond that point, the timing turns on how your recovery goes, what the medical evidence shows and how negotiations with the insurer progress. Be cautious of anyone suggesting an early result is possible without those conditions. Take your time, and get advice before you accept any offer.

Not for NSW CTP claims. Compensation depends on facts a calculator can't assess, such as whether your injury is more than threshold, your whole person impairment, your share of fault and your earnings history. Many of those aren't known until well into a claim. Treat any online figure with caution, and focus instead on the questions that decide your entitlements.

Generally 3 years from the accident. A later damages claim may be allowed only with a full and satisfactory explanation, so don't count on it. The earlier marker matters too: lodge within 2 years if you want weekly payments to continue past 2 years while the claim is pending. Statutory benefits run to much shorter deadlines of their own, so make sure that claim is in first.

Generally not until 20 months after the accident, unless your whole person impairment is assessed as more than 10%. The claim must generally be made within 3 years of the accident. If you want weekly payments to continue beyond 2 years, lodge the damages claim within 2 years of the accident. Because these dates interact, it's worth getting advice well before the 2-year mark.

Generally from your income before the accident, using payslips, tax returns or business records. Amendments passed in 2022 allow pre-accident earnings to reflect a higher income earned in the 12 months before the accident, and your actual earnings after it are also taken into account. If your income had recently risen, tell the insurer and provide the evidence. Errors here affect every weekly payment.

Possibly, and you don't have to work it out alone. Close relatives who were financially dependent on the person who died, such as a spouse or de facto partner, parent, child or sibling, may be able to claim for the financial support and domestic services they've lost. This generally depends on the person who died not being mostly at fault. Try to lodge within 3 months of the crash; claims must generally be made within 3 years. CTP Assist (1300 656 919) can connect you with a Principal Liaison Coordinator.