Inner West · Motor vehicle accident claims

Hit riding or walking in Mortlake? Motor accident lawyer

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

If you were hurt near Mortlake while riding a motorbike, cycling, walking, or travelling in a truck, bus, taxi or rideshare, the first question is whether it counts as a motor accident. In broad terms, NSW CTP covers injuries caused when a registered motor vehicle is used or operated. Most crashes with one are covered. Some are not. Our free check sorts out which side of that line you're on.

Postcode: 2137

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Mortlake & Breakfast Point

Usually covered, or check first?

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.

Mortlake road users and the CTP scheme

Shopping strips such as King Street in Newtown and Marrickville Road are busy with people on foot. If a vehicle hit you while crossing, the claim goes to its insurer, whether or not you drive yourself. Around the Mortlake–Putney vehicle ferry, 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. On a route like Tennyson Road, trucks and buses mix with motorbikes and bicycles. When a heavy vehicle is involved, note any company name or fleet number, because it helps identify the insurer.

Busy places such as the Mortlake–Putney ferry, the Parramatta River foreshore and Cabarita Park bring people on foot, cyclists and turning cars together. A pedestrian hit in a car park open to the public may still have a CTP claim, depending on the details.

Region
Inner West
Postcode
2137
Getting around
Mortlake–Putney vehicle ferry · bus services to Cabarita and Concord
Main roads
Tennyson Road · Gale Street
Local landmarks
Mortlake–Putney ferry · Parramatta River foreshore
Nearest public hospital
Concord Repatriation General Hospital

The motor accident test, in plain terms

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.

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.

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

A man in a jacket reading through a sheaf of papers on a sofa

Free claim check

Hurt near Mortlake? Free claim check

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.

Free · No obligation

Buses, taxis, rideshare and delivery riders

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.

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

If you were on a bike or e-scooter

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

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. 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

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 by road user

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.

  • Your ride-tracking or GPS file from the day
  • Photos of the crossing, lane markings or bike lane
  • Written requests for shop, station or bus footage
  • Names and numbers of witnesses who stopped

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 riding gear or helmet made your injuries worse
  • You were hurt getting into or out of a vehicle and the insurer disputes cover
  • The crash happened near a state border and the scheme is unclear
  • The insurer says your crash wasn't a motor accident at all

You may not need one

  • You were a bus or rideshare passenger and the insurer has accepted the claim
  • A pedestrian claim against an identified car is progressing smoothly
  • You came off a bicycle alone and just need to confirm it isn't a CTP matter

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 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 Mortlake
  • 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 Mortlake
  • 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 Mortlake

Frequently asked questions

Ready to talk it through?

Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.

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.

Call now(02) 7238 7379Free claim check