Wollongong & the Illawarra · Motor vehicle accident claims

Not in a car? A motor accident lawyer for Figtree

Came off, knocked down or hurt as a passenger? Start with whether it counts as a motor accident.

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 Figtree, we explain how it applies to your situation and whether an independent lawyer would help, especially where the facts are unusual.

Postcode: 2525

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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.

Getting around Figtree on two wheels, on foot or by bus

Road cyclists and motorcyclists are drawn to Grand Pacific Drive and the Sea Cliff Bridge, and Macquarie Pass is a popular riding road. If a car caused your crash there, the claim goes to that car's insurer. 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 the Princes Highway and the M1 Princes Motorway 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 Figtree Grove, 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
Wollongong & the Illawarra
Postcode
2525
Main roads
Princes Highway · M1 Princes Motorway
Local landmarks
Figtree Grove

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.

Walking, crossing and car parks: pedestrian claims

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. The claim goes to the CTP insurer of the vehicle involved, and CTP Assist can help identify it.

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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Riders: solo crashes, gear and lane position

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.

Read next:Motorcycle accident claims

Buses, taxis, rideshare and delivery riders

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.

Read next:Rideshare and taxi accident claims

Crashes with trucks: what's different

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.

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.

Cyclists, e-bikes and e-scooters

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

What to keep, depending on how you were travelling

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 event number complete the picture of where and how the vehicle hit you.

  • 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

Do you need a lawyer after a motor accident?

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

  • The insurer says your riding gear or helmet made your injuries worse
  • The crash happened near a state border and the scheme is unclear
  • A truck or bus operator's records may matter and need to be kept
  • You were delivering or driving for a platform and aren't sure which claim comes first

You may not need one

  • Your claim is accepted and payments are arriving on time
  • You only need help working out which insurer to contact
  • Your questions are about the scheme generally, not your own claim

If the vehicle that hit you drove off, you can generally claim against the Nominal Defendant. Report the crash to police promptly and keep a record of every step you take to identify the vehicle. Uninsured or unidentified vehicles

Not quite your situation?

  • If you were inside a car when it crashed, whether driving or as a passenger, the car accident lawyer page covers fault for you. Car accident lawyer in Figtree
  • 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 Figtree
  • If your real question is whether you need a lawyer at all for a CTP claim, the CTP lawyer page answers that directly. CTP lawyer in Figtree

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