Upper North Shore & Hornsby · Motor vehicle accident claims

Not in a car? A motor accident lawyer for Canoelands

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

Riders, cyclists and pedestrians often have little between them and the vehicle, so injuries can be serious. That makes the right claim path matter. We're not a law firm. For people around Canoelands, we check whether your crash falls within the CTP scheme, which insurer is involved, and whether an independent lawyer should look at it.

Postcode: 2157

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Canoelands & Glenorie

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.

Canoelands road users and the CTP scheme

The old Pacific Highway route north of Berowra and Bobbin Head Road draw weekend motorcyclists through tight bushland bends. A rider hurt there may claim against another vehicle's insurer or, if no one else was involved, their own bike's. With North Shore Line and Northern Line, meeting at Hornsby, Central Coast & Newcastle Line (Berowra, Cowan, Hawkesbury River), and Buses, including routes from Hornsby, Pennant Hills and Gordon 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. Riders and cyclists share Canoelands Road and Old Northern 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.

Shared paths, driveways and car park entries are where cars most often cross the path of cyclists and walkers. Photograph the layout and any signs, because fault can turn on who should have given way.

Region
Upper North Shore & Hornsby
Postcode
2157
Transport in the region
North Shore Line and Northern Line, meeting at Hornsby · Central Coast & Newcastle Line (Berowra, Cowan, Hawkesbury River)
Main roads
Canoelands Road · Old Northern Road
Public hospital in the region
Hornsby Ku-ring-gai Hospital

The motor accident test, in plain terms

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.

Cyclists, e-bikes and e-scooters

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.

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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Ring (02) 7238 7379 or send us the basics online. There's no charge and no obligation, and we'll tell you whether the CTP scheme covers your crash.

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If you were on foot

A pedestrian hit by a car, truck, bus or motorbike claims against that vehicle's CTP insurer. You don't need a car or a licence. Drivers must keep a lookout for pedestrians, yet blame doesn't always sit with the driver alone. An insurer may argue you contributed, for example by crossing against the lights, which can reduce some later entitlements without stopping the claim.

Treatment and care for a child who was 16 or under at the time continues for as long as it's needed, and fault doesn't change that, even if the child ran onto the road. A parent or guardian lodges the claim. Notes from school about concentration, behaviour or missed days can help show how the injury affects them as time goes on.

Read next:Pedestrian accident claims

Passengers, drivers for hire and delivery work

Buses, taxis and rideshare cars carry CTP insurance like any other registered vehicle. As a passenger, you generally claim against the insurer of whichever vehicle caused the crash: the one you were in if its driver was at fault, or another vehicle if that driver was. You claim against the insurer, not the bus company or the app. Passengers are rarely found at fault.

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.

Read next:Rideshare and taxi accident claims

Motorcycle riders and pillion passengers

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.

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

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.

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.

  • Helmet, handlebar or dashcam footage, saved as the original file
  • Your ride-tracking or GPS file from the day
  • The vehicle's registration, company name or route number
  • Photos of the crossing, lane markings or bike lane

Read next:At-fault self-check

Do you need a lawyer after a motor accident?

Many riders, cyclists and pedestrians run their own claim once it's clear the crash counts as a motor accident. Advice matters more when cover is questioned, several parties are involved or the injuries are serious. These lists are a rough guide.

Often worth talking to a lawyer

  • The insurer says your crash wasn't a motor accident at all
  • You were hurt getting into or out of a vehicle and the insurer disputes cover
  • Your injuries include fractures, a head injury or nerve damage
  • You were delivering or driving for a platform and aren't sure which claim comes first

You may not need one

  • You only need help working out which insurer to contact
  • Your injuries are healing and treatment is being approved
  • The crash clearly involved a registered vehicle and nobody disputes cover

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 Canoelands
  • 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 Canoelands
  • 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 Canoelands

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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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