Penrith & the Nepean · Motor vehicle accident claims

Hit riding or walking in Jordan Springs? Motor accident lawyer

Free, by phone or online. We'll tell you honestly if a crash falls outside the scheme.

Hurt as a passenger on a bus, in a taxi or in a rideshare car? Knocked down on foot, or doored on a bike? For people in Jordan Springs, these are motor accidents in most cases, and the claim goes to a CTP insurer. We help you confirm it, point you to the right insurer, and tell you whether you need a lawyer at all.

Postcode: 2747

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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.

Riding, walking and cycling around Jordan Springs

Freight and construction traffic around the Western Sydney International Airport site at Badgerys Creek uses The Northern Road and Elizabeth Drive. A crash with a heavy vehicle there runs through the truck's CTP insurer. With Penrith station and St Marys station 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. Around Jordan Springs Lake, 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.

Hospitals serving the area include Nepean Hospital. Fractures, hip and pelvic injuries and head injuries are common after crashes involving unprotected road users, and each one should be recorded, not only the most obvious.

Region
Penrith & the Nepean
Postcode
2747
Getting around
Penrith station · St Marys station
Main roads
The Northern Road · Jordan Springs Boulevard
Local landmarks
Jordan Springs Lake · Jordan Springs Village shopping centre
Nearest public hospital
Nepean 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.

Physical contact isn't always required. A rider who swerves to avoid a car that pulls out, or a pedestrian who falls leaping clear of a vehicle, may still have a claim against that vehicle's insurer. These claims rely heavily on evidence, so witnesses and footage matter even more than usual. If the vehicle didn't stop, a different claim path applies, which the car accident claim page explains.

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.

A helmet, lights after dark and your position on the road may all come up if the insurer says you contributed to the crash. Any reduction depends on evidence, including whether the missing item made an injury worse, and it generally shrinks a claim rather than ending it. Turning drivers are generally expected to give way to riders in a marked bike lane.

Read next:Cyclist accident claims

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Motorcycle riders and pillion passengers

A rider hit by a car or truck makes the same kind of claim a driver would, against the insurer of the vehicle at fault. A rider who came down alone isn't shut out either: the bike's own Green Slip may pay statutory benefits. For a rider found wholly or mostly at fault, those generally run for the first 52 weeks only, with no damages claim, which is still far from nothing.

Riding pillion puts you in much the same position as a car passenger. You weren't steering, braking or choosing the line, so the fault question is mostly about the riders and drivers involved. Your claim goes to the insurer of whichever vehicle caused the crash, which may be the bike you were on. It is made against the insurer, never the rider personally.

Read next:Motorcycle accident claims

Passengers, drivers for hire and delivery work

Rideshare and taxi drivers are in a different position from their passengers. Many rideshare drivers are engaged as contractors rather than employees, which can make CTP their main path after a crash: statutory benefits from the at-fault vehicle's insurer, or their own vehicle's if they caused it. It depends on the actual arrangement, so have it checked before lodging.

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

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.

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

Trucks and heavy vehicles

Something falling from a truck, such as an unsecured load or a trailer coming loose, can be part of the truck's use or operation, so its CTP insurer may be responsible. Note the company name, any fleet number and the registration if you can. Company markings and the direction it was heading make a truck much easier to trace later.

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.

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.

  • Helmet, handlebar or dashcam footage, saved as the original file
  • 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

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

  • A truck or bus operator's records may matter and need to be kept
  • You were hurt getting into or out of a vehicle and the insurer disputes cover
  • A driver forced you off the road without contact and denies it
  • Your injuries include fractures, a head injury or nerve damage

You may not need one

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

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.

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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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