Canterbury-Bankstown · Motor vehicle accident claims

Motor vehicle accident lawyer help for Mount Lewis

Riders, pedestrians, cyclists and passengers: whether the NSW motor accident scheme covers what happened to you.

Riders, cyclists and pedestrians often have little between them and the vehicle, so injuries can be serious. That makes the right claim path matter. We're not a law firm. For people around Mount Lewis, we check whether your crash falls within the CTP scheme, which insurer is involved, and whether an independent lawyer should look at it.

Postcode: 2190

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Mount Lewis & Punchbowl

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.

Mount Lewis road users and the CTP scheme

Shopping strips at Bankstown, Campsie and Lakemba are busy with people on foot, especially in the evenings. A pedestrian hit by a car there generally claims through that car's CTP insurer. Near Punchbowl station, buses pull in and out, taxis and rideshare cars stop briefly, and people cross between them. Injuries in that mix are often motor accidents, so note the vehicle's registration or route number. On a route like Punchbowl 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.

Around Mount Lewis Reserve, 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
Canterbury-Bankstown
Postcode
2190
Getting around
Punchbowl station · Wiley Park station
Main roads
Punchbowl Road · Wattle Street
Local landmarks
Mount Lewis Reserve · Mount Lewis Infants School
Nearest public hospital
Bankstown-Lidcombe Hospital

Is what happened near Mount Lewis 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.

Hurt on a bus, in a taxi or while delivering

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

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Riders: solo crashes, gear and lane position

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.

Read next:Motorcycle accident claims

If you were on a bike or e-scooter

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.

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.

Read next:Cyclist accident claims

Pedestrians hit by a vehicle

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.

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.

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.

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.

Evidence that matters for riders, cyclists and pedestrians

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

A motor accident lawyer: when it's worth a call

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

  • A driver forced you off the road without contact and denies it
  • A heavy vehicle was involved and several parties are pointing at each other
  • The insurer says your crash wasn't a motor accident at all
  • The crash happened near a state border and the scheme is unclear

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
  • What you need first is a doctor to treat and record your injuries

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 Mount Lewis
  • 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 Mount Lewis
  • 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 Mount Lewis

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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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