Lower North Shore & Ryde · Motor vehicle accident claims

Motor vehicle accident lawyer help for Artarmon

Riders, pedestrians, cyclists and passengers: whether the NSW motor accident scheme covers what happened to you.

If you were hurt near Artarmon while riding a motorbike, cycling, walking, or travelling in a truck, bus, taxi or rideshare, the first question is whether it counts as a motor accident. In broad terms, NSW CTP covers injuries caused when a registered motor vehicle is used or operated. Most crashes with one are covered. Some are not. Our free check sorts out which side of that line you're on.

Postcode: 2064

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Which crashes count as a motor accident

Whether you can make a motor accident claim depends on whether a motor vehicle was involved in how you were hurt, not on whether you were driving. Use the two lists as a rough guide. The details decide the harder cases.

Usually a CTP (motor accident) claim

  • A car, truck, bus or motorbike hit you while you were walking, riding or cycling
  • You were a pillion, or a passenger on a bus, in a taxi or in a rideshare car
  • Someone opened the door of a parked car into your path
  • An unsecured load or a loose trailer caused your crash (generally)
  • A driver forced you off the road without touching you (it turns on the evidence)

Often not a CTP claim: check first

  • You came off your bicycle and no motor vehicle played any part
  • An e-scooter or bicycle rider knocked you down on a footpath
  • You were hurt at a track day, race meeting or other closed-circuit event
  • A pothole or loose gravel was the only cause of your fall
  • A quad bike or unregistered trail bike on private land was involved

General information, not legal advice. Whether an incident is a motor accident depends on the facts. Time limits apply.

Motor accidents near Artarmon: the local picture

Office and station precincts in North Sydney, St Leonards, Chatswood and Macquarie Park carry heavy foot traffic, with busy crossings on the Pacific Highway. A pedestrian hit there usually has a motor accident claim. With Artarmon station and bus stops on Pacific Highway nearby, many people walk or cycle to catch a service. If a vehicle hit you on the way, your claim is generally made to that vehicle's CTP insurer, whether or not you own a car. If you were hurt near the Artarmon village, ask nearby businesses, and the venue if there is one, to keep camera footage. It's often kept only briefly, and it can show how a vehicle and a person on foot or on a bike met.

Wherever you were treated, including Royal North Shore Hospital, make sure each injury is written down and linked to the crash. Riders and pedestrians often have several injuries, and a missed one can be hard to add later.

Region
Lower North Shore & Ryde
Postcode
2064
Getting around
Artarmon station · bus stops on Pacific Highway
Main roads
Pacific Highway · Hampden Road
Local landmarks
Artarmon village · Gore Hill Freeway
Nearest public hospital
Royal North Shore Hospital

The motor accident test, in plain terms

You don't need to own a car or hold a licence to claim under the CTP scheme. What you need is an injury caused by a motor vehicle being driven or used. Once that's established, the usual rules apply: most people can claim statutory benefits whoever was at fault, and a damages claim may be possible where another driver was at fault and the injury is more than a threshold injury.

Where you were matters too. Crashes on public roads are the core of the scheme, but a car park open to the public or a driveway can also be covered, depending on how the vehicle was being used. A crash at a racetrack, or on private land with an unregistered vehicle, usually isn't. When the setting is unusual, get it checked before assuming either way.

If you were on foot

Pedestrian injuries can be serious because there's nothing between you and the vehicle. Fractures, hip and pelvic injuries and head injuries are common. Statutory benefits are available to most injured pedestrians whoever caused the crash, and a damages claim may be possible where the driver was at fault. Ask your doctors to note each injury, including the less obvious ones.

When a driver says you stepped out suddenly, video from a shop, a bus or a council camera may show otherwise. Ask the owner in writing to keep it, giving the date, time and exact spot. Do it quickly, or have someone do it for you while you recover, because many systems record over within days.

Read next:Pedestrian accident claims

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Hurt on a bus, in a taxi or while delivering

A passenger thrown forward when a bus braked hard, or hurt when a taxi was hit side-on, has a motor accident claim in most cases. Write down the route or cab number, the time, and whether you were seated or holding a rail. Screenshot the rideshare trip if there was one. These records show you were on board and help identify the right insurer.

Food and parcel delivery puts riders on busy roads for long hours. When a car hits one, the claim may go to that car's CTP insurer. A rider working as an employee at the time usually claims workers compensation first, so the details of the arrangement matter. Platform insurance, where it exists, has its own terms and doesn't necessarily replace either claim.

Read next:Rideshare and taxi accident claims

Riders: solo crashes, gear and lane position

A rider hit by a car or truck makes the same kind of claim a driver would, against the insurer of the vehicle at fault. A rider who came down alone isn't shut out either: the bike's own Green Slip may pay statutory benefits. For a rider found wholly or mostly at fault, those generally run for the first 52 weeks only, with no damages claim, which is still far from nothing.

Riding pillion puts you in much the same position as a car passenger. You weren't steering, braking or choosing the line, so the fault question is mostly about the riders and drivers involved. Your claim goes to the insurer of whichever vehicle caused the crash, which may be the bike you were on. It is made against the insurer, never the rider personally.

Read next:Motorcycle accident claims

Trucks and heavy vehicles

When a truck is to blame, the injury claim is made to that truck's CTP insurer. Nothing about the scheme or its time limits changes because the vehicle was a heavy one. What can differ is the evidence. Many trucks carry forward-facing cameras, some record location and speed, and heavy-vehicle drivers may keep work diaries. None of it will necessarily exist, and it may not be kept for long.

If you think a truck's camera, its telematics or the driver's work diary would help show what happened, raise it early. Police may obtain some records during an investigation, and the insurer may request others. A lawyer can formally ask the operator to keep records, which matters because some are overwritten or discarded after a while.

Bike riders and the CTP scheme

Cyclists often assume they need insurance of their own to claim. They don't. The claim runs through the CTP insurance of the motor vehicle involved, so if a car, truck, bus or motorbike hit you while you were riding, it generally goes to that vehicle's insurer. Solo falls, collisions with other cyclists and crashes caused only by the road surface usually sit outside the scheme.

Where a shared path crosses a driveway or a car park entry, bikes and cars meet at an angle drivers don't always check. If a car pulling in or out hit you there, you may have a claim against its insurer. Photograph the path markings, any give-way signs and the view the driver would have had.

Read next:Cyclist accident claims

What to keep, depending on how you were travelling

For crashes involving trucks, buses and rideshare cars, the operator may hold records you don't: onboard cameras, telematics, trip logs and driver hours. They aren't kept forever. Note the company, the route or fleet number and the time, and ask early. For passengers, a trip receipt or card record shows you were on board.

  • The vehicle's registration, company name or route number
  • Photos of the crossing, lane markings or bike lane
  • Your damaged helmet and gear, kept unrepaired
  • Written requests for shop, station or bus footage

Read next:At-fault self-check

Riders, pedestrians and passengers: when a lawyer helps

The CTP scheme covers most road users, but the edge cases are where people get stuck. If the insurer says your crash isn't a motor accident, or your working arrangement complicates things, advice is often worth having.

Often worth talking to a lawyer

  • The crash happened near a state border and the scheme is unclear
  • You were hurt getting into or out of a vehicle and the insurer disputes cover
  • The insurer says your riding gear or helmet made your injuries worse
  • Your injuries include fractures, a head injury or nerve damage

You may not need one

  • A pedestrian claim against an identified car is progressing smoothly
  • Your injuries are healing and treatment is being approved
  • You were a bus or rideshare passenger and the insurer has accepted the claim

Recovery comes first. Ask us about doctors and allied health, including physiotherapists and psychologists, who understand motor accident claims and the Certificate of Fitness the insurer relies on.

Not quite your situation?

  • If you were driving or a passenger in a car and the question is who caused the crash, the car accident lawyer page fits better. Car accident lawyer in Artarmon
  • If the vehicle that hit you drove off or had no insurance, or you aren't sure what claim this is, start with the car accident claim page. Car accident claim in Artarmon
  • If you already know it's a motor accident and just want to know whether a lawyer is worth it, see the CTP lawyer page. CTP lawyer in Artarmon

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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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