A motor accident claim in NSW turns on a motor vehicle, not on what you were riding or where you were walking. If a car, truck, bus or motorbike played a part in how you were hurt near Sandy Point, you may have a claim even though you weren't driving. The edge cases are technical, so our free check starts there before anything else.
Liverpool & Fairfield · Motor vehicle accident claims
MVA lawyer Sandy Point: trucks, buses and rideshare
Came off, knocked down or hurt as a passenger? Start with whether it counts as a motor accident.
Postcode: 2172
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Which crashes count as a motor accident
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.
Riding, walking and cycling around Sandy Point
Cabramatta's John Street and Fairfield's shopping strips are crowded with people on foot. A pedestrian hit by a vehicle there generally claims against its CTP insurer, even if they don't drive. Around Cumberland Line (Fairfield, Canley Vale, Cabramatta, Warwick Farm, Liverpool), people step on and off buses, cross to platforms and wait for rideshare pick-ups. A person hit on foot there, or hurt getting out of a vehicle, may have a motor accident claim. 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
- Liverpool & Fairfield
- Postcode
- 2172
- Transport in the region
- Cumberland Line (Fairfield, Canley Vale, Cabramatta, Warwick Farm, Liverpool) · Inner West & Leppington Line via Cabramatta and Liverpool
- Public hospital in the region
- Liverpool 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.
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.
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Tell us how you were travelling and what happened. We'll say whether it looks like a motor accident claim and who can help.
Pedestrians hit by a vehicle
A pedestrian hit by a car, truck, bus or motorbike claims against that vehicle's CTP insurer. You don't need a car or a licence. Drivers must keep a lookout for pedestrians, yet blame doesn't always sit with the driver alone. An insurer may argue you contributed, for example by crossing against the lights, which can reduce some later entitlements without stopping the claim.
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
Bike riders and the CTP scheme
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.
Where a shared path crosses a driveway or a car park entry, bikes and cars meet at an angle drivers don't always check. If a car pulling in or out hit you there, you may have a claim against its insurer. Photograph the path markings, any give-way signs and the view the driver would have had.
Read next:Cyclist accident claims
If you were on a motorbike
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
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.
What to keep, depending on how you were travelling
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.
- The vehicle's registration, company name or route number
- Photos of the crossing, lane markings or bike lane
- Your damaged helmet and gear, kept unrepaired
- 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
- The insurer says your crash wasn't a motor accident at all
- The insurer says your riding gear or helmet made your injuries worse
- You were delivering or driving for a platform and aren't sure which claim comes first
- You were hurt getting into or out of a vehicle and the insurer disputes cover
You may not need one
- Your injuries are healing and treatment is being approved
- What you need first is a doctor to treat and record your injuries
- You were a bus or rideshare passenger and the insurer has accepted the claim
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 Sandy Point
- 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 Sandy Point
- 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 Sandy Point
Frequently asked questions
Often it's CTP. Rideshare platforms commonly treat drivers as independent contractors, not employees. On that footing you claim like any other injured driver: benefits through the Green Slip of the vehicle at fault, which is your own car's if you caused the crash, and a possible damages claim where another driver was to blame. If your arrangement actually makes you an employee, the position may be different, so have it checked.
In most cases, yes. The door belongs to a parked motor vehicle, and opening it is treated as part of using that vehicle, so your injury claim is made to its CTP insurer. That holds whether the person who opened it was the driver or a passenger. Before they leave, take the car's registration and their name, and photograph the door, your bike and where you came down. If the insurer questions cover, ask for advice.
It usually starts as a workers compensation claim. When a crash happens while you're driving for your employer, you generally claim through the employer's insurer first, and CTP weekly payments and treatment aren't generally paid where workers compensation applies. A separate damages claim against an at-fault driver's CTP insurer may still be open. If you own your truck or work as a contractor, the answer may be different, so have your arrangements checked early.
Generally, yes. For a crash that happened in NSW, the NSW scheme usually applies, even when the vehicle is registered elsewhere. Identifying the right insurer can take a little longer, so give the insurer or CTP Assist the truck's plate, its state of registration, any company name and the exact location. Don't wait for that to be sorted before lodging, because the usual time limits still run from the date of the crash.
On an e-bike, generally yes: you're usually in the same position as a pedal cyclist, and the claim goes to the car's CTP insurer. On an e-scooter, it's less certain. The scooter has no Green Slip, but the car does, so a claim against the car's insurer may still be possible. Expect questions about where you were riding and the type of device. Make a police report and get advice before accepting a refusal.
It depends which vehicle was to blame. When the rider carrying you caused the crash, the claim goes to the Green Slip insurer of that motorbike. When a car or truck caused it, the claim goes to that vehicle's insurer instead. You weren't in control of the bike, so fault is rarely argued against you, though protective gear can occasionally come up. Your claim is against the insurer, not against the rider, even if they're your partner.
Motor vehicle accident lawyer: suburbs near Sandy Point
Related reading
- How motor accident compensation works in NSW
- At fault vs not at fault
- Gathering medical evidence
- Rideshare accidents and CTP
- Crash while working? Quick check
- Crashes while driving for work
- Fractures
- Knee Injury
- Hip Injury
- Pelvic Injury After a Car Accident
- Wrist and Hand Injury
- Motorcycle Accidents in NSW
- Pedestrian Hit by a Car
- Cyclist Hit by a Car
- Rideshare or Taxi Passenger Accident
- CTP claims for motorcyclists
- CTP claims for pedestrians
- CTP claims for cyclists
- CTP claims for rideshare drivers
- Liverpool & Fairfield: area guide
- CTP Lawyer Help in Sydney
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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.