Road users outside a car face questions drivers rarely do. Does a solo motorbike crash count? Is a bicycle covered? What about an e-scooter, a bus or a delivery job? People from Burwood can use our free claim check by phone or online to get plain answers, then be pointed to the right help, which is often simpler than they expect.
Inner West · Motor vehicle accident claims
Motor vehicle accident lawyer help for Burwood
A bike, a bus or a footpath can change the answer. We help you work out whether it's a CTP matter.
Postcode: 2134
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Burwood & Burwood North
Which crashes count as a motor accident
Riders, pedestrians and passengers often aren't sure whether their crash counts. The first list shows situations that are usually covered. The second shows ones that often aren't, and are worth checking before you give up on a claim.
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.
Getting around Burwood on two wheels, on foot or by bus
Shopping strips such as King Street in Newtown and Marrickville Road are busy with people on foot. If a vehicle hit you while crossing, the claim goes to its insurer, whether or not you drive yourself. Near Burwood station, buses pull in and out, taxis and rideshare cars stop briefly, and people cross between them. Injuries in that mix are often motor accidents, so note the vehicle's registration or route number. Riders and cyclists share Parramatta Road, Liverpool Road and Burwood Road with cars and heavy vehicles. If a vehicle forced you off or turned across you, you may have a claim against its insurer even without contact.
If you were hurt near Westfield Burwood, 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.
- Region
- Inner West
- Postcode
- 2134
- Getting around
- Burwood station · Burwood bus interchange
- Main roads
- Parramatta Road · Liverpool Road
- Local landmarks
- Westfield Burwood · Burwood Park
- Nearest public hospital
- Concord Repatriation General Hospital
What counts as a motor accident
In NSW, a motor accident is generally an incident involving the use or operation of a motor vehicle that causes an injury. You don't need to have been driving, or even in a vehicle. A pedestrian, a cyclist, a pillion passenger and a bus passenger can all be injured in a motor accident. For accidents from 1 December 2017, the Motor Accident Injuries Act 2017 sets the rules.
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.
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
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Free motor accident claim check
Tell us how you were travelling and what happened. We'll say whether it looks like a motor accident claim and who can help.
If you were on a bike or e-scooter
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.
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
If a heavy vehicle was involved
Heavy-vehicle crashes often draw in more people than a car crash: an operator, perhaps a separate trailer owner, a company that loaded the truck, and other drivers. Your injury claim still starts in one place, the CTP insurer of the vehicle at fault. Questions about the other parties can wait, and a lawyer can look at them if a damages claim follows.
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.
Riders: solo crashes, gear and lane position
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 that matters for riders, cyclists and pedestrians
If you ride, your own devices may hold the strongest evidence. Helmet and handlebar cameras, bike computers and tracking apps can show your speed, your line and the moment of impact. Copy the original files somewhere safe straight away, before a device loops over them, and don't trim or edit anything. Keep your damaged helmet and gear as they are.
- The vehicle's registration, company name or route number
- Photos of the crossing, lane markings or bike lane
- Written requests for shop, station or bus footage
- A screenshot of the rideshare or delivery trip
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
- A driver forced you off the road without contact and denies it
- Your injuries include fractures, a head injury or nerve damage
- 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
- What you need first is a doctor to treat and record your injuries
- You only need help working out which insurer to contact
- A pedestrian claim against an identified car is progressing smoothly
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 Burwood
- If you're not sure what kind of claim you have, or the vehicle drove off or wasn't insured, the car accident claim page sorts that out. Car accident claim in Burwood
- 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 Burwood
Frequently asked questions
A child who was 16 or under at the time can get the treatment and care they need for as long as they need it, and that doesn't depend on fault, even if they ran onto the road. A parent or guardian usually lodges the claim with the car's CTP insurer. Other entitlements may depend on fault and the injury. Keep school and medical records together, as some effects only become clear over time.
It depends which vehicle was to blame. When the rider carrying you caused the crash, the claim goes to the Green Slip insurer of that motorbike. When a car or truck caused it, the claim goes to that vehicle's insurer instead. You weren't in control of the bike, so fault is rarely argued against you, though protective gear can occasionally come up. Your claim is against the insurer, not against the rider, even if they're your partner.
Buses carry CTP insurance like any registered vehicle, and a pedestrian hit by one generally claims through that policy. Write down the route, the time, which way the bus was heading and the nearest stop. Transport operators commonly have cameras inside and outside their buses, so put a request in writing quickly. CTP Assist on 1300 656 919 can help you identify the insurer if you can't work it out.
In most cases, yes. The door belongs to a parked motor vehicle, and opening it is treated as part of using that vehicle, so your injury claim is made to its CTP insurer. That holds whether the person who opened it was the driver or a passenger. Before they leave, take the car's registration and their name, and photograph the door, your bike and where you came down. If the insurer questions cover, ask for advice.
Usually the Green Slip of whichever vehicle caused the crash. That's the rideshare car itself if your driver was to blame, or the other car if its driver was. The app company isn't the one you claim from, and neither is the driver personally. Save a screenshot of the trip showing the driver, the car's plate and the route, because app records aren't always easy to retrieve later.
On an e-bike, generally yes: you're usually in the same position as a pedal cyclist, and the claim goes to the car's CTP insurer. On an e-scooter, it's less certain. The scooter has no Green Slip, but the car does, so a claim against the car's insurer may still be possible. Expect questions about where you were riding and the type of device. Make a police report and get advice before accepting a refusal.
Motor vehicle accident lawyer: suburbs near Burwood
Related reading
- How motor accident compensation works in NSW
- At fault vs not at fault
- Rideshare accidents and CTP
- Fractures
- Knee Injury
- Hip Injury
- Pelvic Injury After a Car Accident
- Wrist and Hand Injury
- Motorcycle Accidents in NSW
- Pedestrian Hit by a Car
- Cyclist Hit by a Car
- Rideshare or Taxi Passenger Accident
- CTP claims for motorcyclists
- CTP claims for pedestrians
- CTP claims for cyclists
- CTP claims for rideshare drivers
- Inner West: area guide
- CTP Lawyer Help in Sydney
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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.