Can you claim? Compensation lawyer answers for Bondi Junction

When people ask whether they can get compensation after a crash, they usually mean one of two things. Statutory benefits are payments made while your claim runs, and most people qualify regardless of fault. Damages are a separate lump sum for losses such as past and future earnings, available when another driver was to blame, you weren't mostly at fault and your injury is past the threshold. Plenty of claims only ever involve the first.

Compensation is not a single cheque. What's available to you depends on the facts: whether someone else caused the crash, whether the insurer accepts that your injury goes beyond the threshold, and how your recovery tracks over time. Those facts can change as the claim goes on, which is why an early answer is a starting point rather than a final word.

Much of the confusion in a motor accident claim comes from vocabulary. A single letter can mention statutory benefits, a threshold injury and an internal review, each with a precise meaning. The short definitions below are general and simplified. If a word appears in a decision about your claim, it's worth checking exactly what it means for you.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Damages: a lump sum for losses such as past and future earnings, available only in some claims
• Case manager: the person at the insurer who handles your claim day to day
• Internal review: asking the insurer to look again at a decision you disagree with
• Nominal Defendant: the fund that stands in when the vehicle was unidentified or uninsured

The help you need depends on where your claim is up to. Just after the crash, the priority is lodging and keeping records. While benefits are being paid, most questions are about payments and treatment. After a decision against you, the question becomes whether to challenge it. Later, a damages claim or an offer may be on the table. The pages linked below cover each stage in detail.

• Benefits being paid: payment and treatment questions usually go to your case manager first
• Someone died in the crash: the car accident compensation page covers what dependants may claim
• Not sure it's a CTP claim at all: the car accident claim page helps you work that out

Lawyers choose titles partly to match what people type into a search box, so one practice might call itself compensation lawyers on one page and CTP lawyers on another. For you, the difference is small. What you want to know is whether the person you speak with works on NSW motor accident claims regularly, and whether your claim needs them yet.

It helps to think of the role as a set of tasks rather than a title. Explaining entitlements. Collecting evidence. Negotiating with the insurer. Running disputes. Advising on offers. Some claims need all five, some need one or two at a particular moment, and many need none. Knowing which tasks your claim needs makes the question of whether to call a lawyer much simpler.

The role has limits worth knowing before you decide. A lawyer works for you, but the insurer still makes decisions under the scheme rules, and independent assessors and the Personal Injury Commission decide disputes. Legal help can make sure your side is put clearly and on time. It can't promise what the insurer or an assessor will conclude.

• Requesting hospital, GP and treatment records
• Advising whether an offer reflects your losses
• Keeping track of the deadlines that apply to you

Not every compensation search is about a road injury. People also look for help with TPD claims through their super, public liability claims after a fall in a public place, or complaints about medical treatment. Those follow their own rules, and they usually fall outside what we help with. Vehicle damage is never a CTP claim either, because the green slip covers injuries only. If you're not sure which you have, the claim check will say so plainly.