Goulburn & Southern Tablelands · Motor vehicle accident claims

Hit riding or walking in Pomeroy? Motor accident lawyer

Came off, knocked down or hurt as a passenger? Start with whether it counts as a motor accident.

If you were hurt near Pomeroy 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: 2580

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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.

Pomeroy road users and the CTP scheme

The Hume Highway is one of Australia's busiest freight corridors, and livestock trucks use Crookwell Road and Taralga Road. A crash with a heavy vehicle there runs through the truck's CTP insurer. With Southern Highlands Line trains to Goulburn, NSW TrainLink XPT (Sydney–Melbourne) and Canberra trains through Goulburn, with the Canberra service also stopping at Tarago, and Regional coaches on the Hume and Federal highways nearby, many people walk or cycle to catch a service. If a vehicle hit you on the way, your claim is generally made to that vehicle's CTP insurer, whether or not you own a car. A crash with a motor vehicle is generally a CTP matter. If only the road surface brought you down, a cyclist usually has no CTP claim, though a motorcyclist's own Green Slip may still pay.

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
Goulburn & Southern Tablelands
Postcode
2580
Transport in the region
Southern Highlands Line trains to Goulburn · NSW TrainLink XPT (Sydney–Melbourne) and Canberra trains through Goulburn, with the Canberra service also stopping at Tarago
Public hospital in the region
Goulburn Base Hospital

What counts as 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.

Trucks and heavy vehicles

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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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 foot

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.

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

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.

Broken bones, torn ligaments, nerve damage and head injuries are common in motorcycle crashes. Those are generally not threshold injuries, which matters for how long benefits run and whether damages may be possible. Make sure each doctor records every injury, not just the most painful one, and links it to the crash in their notes.

Read next:Motorcycle accident claims

Bike riders and the CTP scheme

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.

Read next:Cyclist accident claims

Evidence that matters for riders, cyclists and pedestrians

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
  • Your damaged helmet and gear, kept unrepaired
  • Written requests for shop, station or bus footage
  • A screenshot of the rideshare or delivery trip

Read next:At-fault self-check

Do you need a lawyer after a motor accident?

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

  • Your injuries include fractures, a head injury or nerve damage
  • The insurer says your crash wasn't a motor accident at all
  • A truck or bus operator's records may matter and need to be kept
  • The insurer says your riding gear or helmet made your injuries worse

You may not need one

  • The crash clearly involved a registered vehicle and nobody disputes cover
  • You only need help working out which insurer to contact
  • A pedestrian claim against an identified car is progressing smoothly

Recovery comes first. Ask us about doctors and allied health, including physiotherapists and psychologists, who understand motor accident claims and the Certificate of Fitness the insurer relies on.

Not quite your situation?

  • If you were inside a car when it crashed, whether driving or as a passenger, the car accident lawyer page covers fault for you. Car accident lawyer in Pomeroy
  • 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 Pomeroy
  • If your real question is whether you need a lawyer at all for a CTP claim, the CTP lawyer page answers that directly. CTP lawyer in Pomeroy

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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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