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 Kensington, we explain how it applies to your situation and whether an independent lawyer would help, especially where the facts are unusual.
Eastern Suburbs · Motor vehicle accident claims
Motor vehicle accident lawyer help for Kensington
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Postcode: 2033
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Usually covered, or check first?
Generally, the CTP scheme covers injuries caused by the use or operation of a registered motor vehicle in NSW. Most crashes involving one are covered, whoever you were. The edge cases are technical, so if yours sits in the right-hand column, ask before ruling anything out.
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.
Motor accidents near Kensington: the local picture
Foreshore Road and General Holmes Drive carry container trucks to and from Port Botany, close to homes in Botany and Matraville. If one of those trucks hit you on foot or on a bike, the claim goes to the truck's insurer. Around the CBD and South East Light Rail, people step on and off buses, cross to platforms and wait for rideshare pick-ups. A person hit on foot there, or hurt getting out of a vehicle, may have a motor accident claim. Riders and cyclists share Anzac Parade, Todman Avenue and Doncaster Avenue 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.
Around the University of NSW, 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
- Eastern Suburbs
- Postcode
- 2033
- Getting around
- CBD and South East Light Rail
- Main roads
- Anzac Parade · Todman Avenue
- Local landmarks
- University of NSW · Randwick Racecourse
- Nearest public hospital
- Prince of Wales Hospital
Is what happened near Kensington a motor accident?
You don't need to own a car or hold a licence to claim under the CTP scheme. What you need is an injury caused by a motor vehicle being driven or used. Once that's established, the usual rules apply: most people can claim statutory benefits whoever was at fault, and a damages claim may be possible where another driver was at fault and the injury is more than a threshold injury.
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
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.
When a driver says you stepped out suddenly, video from a shop, a bus or a council camera may show otherwise. Ask the owner in writing to keep it, giving the date, time and exact spot. Do it quickly, or have someone do it for you while you recover, because many systems record over within days.
Read next:Pedestrian accident claims
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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
Bike riders and the CTP scheme
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.
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
If a heavy vehicle was involved
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.
Injuries from a crash with a heavy vehicle are often serious: fractures, head injuries and injuries to the spine. Medical evidence needs to cover every injury, and early legal advice can be worth having because more parties and more records are involved. That doesn't mean you need a lawyer to lodge, only that the file can become complex.
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.
- Helmet, handlebar or dashcam footage, saved as the original file
- 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
Do you need a lawyer after a motor accident?
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
- The insurer says your crash wasn't a motor accident at all
- Your injuries include fractures, a head injury or nerve damage
- A truck or bus operator's records may matter and need to be kept
- The insurer says your riding gear or helmet made your injuries worse
You may not need one
- You were a bus or rideshare passenger and the insurer has accepted the claim
- You only need help working out which insurer to contact
- Your injuries are healing and treatment is being approved
Riders, cyclists and pedestrians often have several injuries at once. We can point you to doctors and allied health who work with CTP claims and can record each one on the Certificate of Fitness.
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 Kensington
- 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 Kensington
- 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 Kensington
Frequently asked questions
Generally, yes. For a crash that happened in NSW, the NSW scheme usually applies, even when the vehicle is registered elsewhere. Identifying the right insurer can take a little longer, so give the insurer or CTP Assist the truck's plate, its state of registration, any company name and the exact location. Don't wait for that to be sorted before lodging, because the usual time limits still run from the date of the crash.
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.
You may be able to. Contact isn't what decides it. If the way another vehicle was driven caused you to crash, for example by pulling out or cutting across your line, you may have a claim against that vehicle's CTP insurer. The difficulty is proof. Look for witnesses, helmet-camera or dashcam footage and any part of the registration. Write down where the vehicle came from and what it did while it's fresh.
Possibly. The insurer may say that boots, gloves, a jacket or a helmet would have prevented or lessened a particular injury. If it can show that on the evidence, your claim may be reduced for contributory negligence, usually by a percentage. It rarely wipes out a claim, and it can't be assumed: medical opinion about how each injury happened matters. Cyclists face the same argument about helmets. Ask how any percentage was reached.
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.
Usually, yes. A car reversing out of a bay is a motor vehicle in use, and injuries caused that way are generally within the CTP scheme even though a car park isn't a street. Unusual settings, such as a private, gated area, can raise questions. Ask the centre in writing to hold its camera footage, note the bay number and the vehicle's plate, and get the facts checked if the insurer hesitates.
Motor vehicle accident lawyer: suburbs near Kensington
Related reading
- How motor accident compensation works in NSW
- Rideshare accidents and CTP
- Gathering medical evidence
- 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
- Eastern Suburbs: 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.