Inner West · Motor vehicle accident claims

Motor accident lawyer Petersham: riding, cycling or on foot

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

If you were hurt near Petersham 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: 2049

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Is it a motor accident? A quick guide

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 Petersham: the local picture

Commuter cyclists use the Anzac Bridge path and the Bay Run, then share narrow streets with parked cars. Being doored or cut off by a turning car on the way is generally a motor accident claim. Near Petersham 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 Parramatta 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 Audley Street 'Little Portugal' strip, Petersham Park and the Fanny Durack Aquatic Centre 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
2049
Getting around
Petersham station · Inner West Light Rail
Main roads
Parramatta Road · New Canterbury Road
Local landmarks
Audley Street 'Little Portugal' strip · Petersham Park
Nearest public hospital
Royal Prince Alfred Hospital

Is what happened near Petersham a motor accident?

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.

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.

Crashes with trucks: what's different

Something falling from a truck, such as an unsecured load or a trailer coming loose, can be part of the truck's use or operation, so its CTP insurer may be responsible. Note the company name, any fleet number and the registration if you can. Company markings and the direction it was heading make a truck much easier to trace later.

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.

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Cyclists, e-bikes and e-scooters

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

Hurt on a bus, in a taxi or while delivering

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.

Delivery riders use bikes, e-bikes, scooters, motorbikes and cars, and a motor vehicle is often involved when they're hurt. A rider who is an employee and working at the time generally needs to claim workers compensation first, with a CTP damages claim against an at-fault driver still possible. Some platforms also carry their own injury cover, on terms that vary, so keep any policy you were given.

Read next:Rideshare and taxi accident claims

Pedestrians hit by a vehicle

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

Motorcycle riders and pillion passengers

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.

Read next:Motorcycle accident claims

What to keep, depending on how you were travelling

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
  • The vehicle's registration, company name or route number
  • Photos of the crossing, lane markings or bike lane
  • A screenshot of the rideshare or delivery trip

Read next:At-fault self-check

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

Whether you need a lawyer depends on how clear your situation is. A pedestrian hit by an identified car usually has a straightforward path. An e-scooter crash, a delivery job or a truck with several parties can be harder.

Often worth talking to a lawyer

  • A truck or bus operator's records may matter and need to be kept
  • You were delivering or driving for a platform and aren't sure which claim comes first
  • The insurer says your riding gear or helmet made your injuries worse
  • Cover is disputed because you were riding an e-bike or e-scooter

You may not need one

  • You were a bus or rideshare passenger and the insurer has accepted the claim
  • Your injuries are healing and treatment is being approved
  • 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 Petersham
  • 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 Petersham
  • 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 Petersham

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