Motor accident lawyer Austral: riding, cycling or on foot

The CTP scheme follows the vehicle, not the person. Every registered motor vehicle in NSW carries a Green Slip, and the policy responds to injuries the vehicle causes, whether the person hurt was inside it or not. So the question for a rider, cyclist or pedestrian is simple to ask but sometimes hard to answer: was a motor vehicle part of how you were hurt?

Getting into or out of a vehicle is a common grey area. If a passing car hit you as you stepped out, or your driver moved off while you were halfway out, the injury may come from the use of a motor vehicle. Whether it does depends on exactly what happened, so write it down while it's fresh and have it checked.

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.

Interstate trucks are a constant presence on the Hume, Pacific and Newell highways. A crash with one in NSW is generally still handled under the NSW scheme, though identifying the insurer can take longer. Make sure the claim records the truck's home state and the precise location, so the paperwork doesn't stall.

Not every pedestrian injury happens on a street. Shopping centre, station and hospital car parks are open to the public, and a person hit there by a car that is reversing or turning can usually claim. A vehicle rolling down a home driveway can also be a motor accident, sometimes involving a child and a family car. The details matter, so check before assuming you can't claim.

For an older person, being knocked down by a vehicle can mean weeks away from home and help with everyday tasks afterwards. Record what support they now need, from shopping to personal care. Age doesn't affect the right to claim, and a family member can help manage the claim if the injured person agrees.

Dooring is one of the more common ways cyclists are hurt in busy streets. A car door opened into your path is generally part of using that car, even while it's parked, so the injury claim goes to its CTP insurer. Before the car leaves, record its plate and who opened the door, and photograph the door and where you fell.

E-scooters raise a question of their own. A scooter isn't covered by CTP insurance itself, so if a scooter rider knocked you down on a footpath, a CTP claim is unlikely and another path may apply. If a car hit you while you were on a scooter, a claim against the car's insurer may still be possible. Have the specific facts checked.

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.

Delivery riders use bikes, e-bikes, scooters, motorbikes and cars, and a motor vehicle is often involved when they're hurt. A rider who is an employee and working at the time generally needs to claim workers compensation first, with a CTP damages claim against an at-fault driver still possible. Some platforms also carry their own injury cover, on terms that vary, so keep any policy you were given.

Arguments in rider claims tend to centre on where the bike was and whether it was visible. Lane position, moving between lanes of slow traffic, headlights and the driver's sightline all come up, and the road rules for motorcycles are detailed. Write down what you were doing and where, as precisely as you can, and have someone who knows those rules look at it before you accept a fault finding.

When a pothole, oil or loose gravel is the only reason a rider came down, there is usually no other vehicle's Green Slip to claim against. The rider's own bike insurer may still pay statutory benefits. Any complaint about how a road was maintained sits outside CTP, with its own rules and time limits, so get advice early if that's your situation.

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
• Your damaged helmet and gear, kept unrepaired
• Written requests for shop, station or bus footage
• A screenshot of the rideshare or delivery trip