Motor accident lawyer Glen Innes: riding, cycling or on foot

Most crashes involving a car, truck, bus or motorbike are motor accidents, whoever was hurt. The harder cases sit at the edges: a fall from a bicycle with no vehicle involved, an e-scooter on a footpath, a crash at a closed track, an injury while getting out of a vehicle. The rules are technical, and small facts can change the answer.

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.

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.

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.

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.

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.

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.

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.

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.

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.

• Helmet, handlebar or dashcam footage, saved as the original file
• The vehicle's registration, company name or route number
• Your damaged helmet and gear, kept unrepaired
• Names and numbers of witnesses who stopped