Not in a car? A motor accident lawyer for Mount Irvine

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?

Where you were matters too. Crashes on public roads are the core of the scheme, but a car park open to the public or a driveway can also be covered, depending on how the vehicle was being used. A crash at a racetrack, or on private land with an unregistered vehicle, usually isn't. When the setting is unusual, get it checked before assuming either way.

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.

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.

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.

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.

Dooring is one of the more common ways cyclists are hurt in busy streets. A car door opened into your path is generally part of using that car, even while it's parked, so the injury claim goes to its CTP insurer. Before the car leaves, record its plate and who opened the door, and photograph the door and where you fell.

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.

Not every pedestrian injury happens on a street. Shopping centre, station and hospital car parks are open to the public, and a person hit there by a car that is reversing or turning can usually claim. A vehicle rolling down a home driveway can also be a motor accident, sometimes involving a child and a family car. The details matter, so check before assuming you can't 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.

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.

If you were delivering when a vehicle hit you, the order of claims matters. Where you were working as an employee, workers compensation generally comes first and CTP benefits aren't usually paid on top, though a damages claim against the driver's CTP insurer may remain. If you're a contractor, CTP may be the main path. Any platform cover sits alongside these, on its own terms.

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