MVA lawyer Parklea: trucks, buses and rideshare

Most crashes involving a car, truck, bus or motorbike are motor accidents, whoever was hurt. The harder cases sit at the edges: a fall from a bicycle with no vehicle involved, an e-scooter on a footpath, a crash at a closed track, an injury while getting out of a vehicle. The rules are technical, and small facts can change the answer.

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.

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.

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.

Heavy-vehicle crashes often draw in more people than a car crash: an operator, perhaps a separate trailer owner, a company that loaded the truck, and other drivers. Your injury claim still starts in one place, the CTP insurer of the vehicle at fault. Questions about the other parties can wait, and a lawyer can look at them if a damages claim follows.

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.

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.

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.

For crashes involving trucks, buses and rideshare cars, the operator may hold records you don't: onboard cameras, telematics, trip logs and driver hours. They aren't kept forever. Note the company, the route or fleet number and the time, and ask early. For passengers, a trip receipt or card record shows you were on board.

• Helmet, handlebar or dashcam footage, saved as the original file
• Your ride-tracking or GPS file from the day
• Photos of the crossing, lane markings or bike lane
• Your damaged helmet and gear, kept unrepaired