Upper North Shore & Hornsby · Motor vehicle accident claims

Not in a car? A motor accident lawyer for Berowra Heights

Most crashes involving a registered motor vehicle are covered. The edge cases are where advice helps.

The CTP scheme isn't only for drivers. A pedestrian hit on a crossing, a cyclist knocked off by a turning car and a pillion passenger all claim through the same NSW scheme. For people in Berowra Heights, we explain how it applies to your situation and whether an independent lawyer would help, especially where the facts are unusual.

Postcode: 2082

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Getting around Berowra Heights on two wheels, on foot or by bus

Freight uses NorthConnex and the M1, but local delivery trucks still travel Pennant Hills Road and the Pacific Highway. A crash with one is claimed through the truck's CTP insurer, like any other vehicle. With Berowra station and the Berowra Waters vehicle ferry 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 Berowra Heights shopping 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 Hornsby Ku-ring-gai 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
Upper North Shore & Hornsby
Postcode
2082
Getting around
Berowra station · Berowra Waters vehicle ferry
Main roads
Berowra Waters Road · Bligh Avenue
Local landmarks
Berowra Heights shopping village · Berowra Valley National Park
Nearest public hospital
Hornsby Ku-ring-gai Hospital

What counts as a motor accident

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.

Pedestrians hit by a vehicle

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.

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.

Read next:Pedestrian accident claims

Crashes with trucks: what's different

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.

Injuries from a crash with a heavy vehicle are often serious: fractures, head injuries and injuries to the spine. Medical evidence needs to cover every injury, and early legal advice can be worth having because more parties and more records are involved. That doesn't mean you need a lawyer to lodge, only that the file can become complex.

Bike riders and the CTP scheme

Electric bikes are generally treated like pedal bikes for this purpose, so if a motor vehicle hit you on one, you claim against that vehicle's insurer. E-scooters are less settled. A car that hit you on a scooter still carries a Green Slip, but expect questions about where you were riding and the type of device. Check before accepting a refusal.

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.

Read next:Cyclist accident claims

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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.

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

If you were on a motorbike

Missing or inadequate gear can become an argument: the insurer may claim a particular injury would have been less serious with proper protection. Where the evidence backs that up, contributory negligence can reduce the claim by a percentage. If the rider is found more than 61% at fault, the damages claim is lost, and statutory benefits are generally limited to the first 52 weeks. Keep damaged gear unrepaired, and photograph it from every side.

Broken bones, torn ligaments, nerve damage and head injuries are common in motorcycle crashes. Those are generally not threshold injuries, which matters for how long benefits run and whether damages may be possible. Make sure each doctor records every injury, not just the most painful one, and links it to the crash in their notes.

Read next:Motorcycle accident claims

Evidence by road user

For pedestrians, the key evidence is usually outside your control: shop, station, bus and council cameras, and dashcams in passing cars. Ask for footage in writing as early as you can. Witnesses who saw where you were crossing matter too. A police report and the ambulance record complete the picture of where and how the vehicle hit you.

  • The vehicle's registration, company name or route number
  • Your damaged helmet and gear, kept unrepaired
  • Written requests for shop, station or bus footage
  • Names and numbers of witnesses who stopped

Read next:At-fault self-check

Riders, pedestrians and passengers: when a lawyer helps

Whether you need a lawyer depends on how clear your situation is. A pedestrian hit by an identified car usually has a straightforward path. An e-scooter crash, a delivery job or a truck with several parties can be harder.

Often worth talking to a lawyer

  • Your injuries include fractures, a head injury or nerve damage
  • A truck or bus operator's records may matter and need to be kept
  • The insurer says your crash wasn't a motor accident at all
  • The insurer says your riding gear or helmet made your injuries worse

You may not need one

  • The crash clearly involved a registered vehicle and nobody disputes cover
  • What you need first is a doctor to treat and record your injuries
  • You came off a bicycle alone and just need to confirm it isn't a CTP matter

If treatment is what you need now, start there. We can put you in touch with doctors and allied health experienced with CTP claims, who can complete the Certificate of Fitness and link your injuries to the crash.

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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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