The CTP scheme isn't only for drivers. A pedestrian hit on a crossing, a cyclist knocked off by a turning car and a pillion passenger all claim through the same NSW scheme. For people in Tempe, we explain how it applies to your situation and whether an independent lawyer would help, especially where the facts are unusual.
Inner West · Motor vehicle accident claims
Motor vehicle accident lawyer help for Tempe
Most crashes involving a registered motor vehicle are covered. The edge cases are where advice helps.
Postcode: 2044
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Tempe & Wolli Creek
Which crashes count as a motor accident
Riders, pedestrians and passengers often aren't sure whether their crash counts. The first list shows situations that are usually covered. The second shows ones that often aren't, and are worth checking before you give up on a claim.
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.
Getting around Tempe on two wheels, on foot or by bus
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. With Tempe station and bus stops on Princes Highway 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. Riders and cyclists share the Princes Highway, Unwins Bridge Road and Bayview Avenue with cars and heavy vehicles. If a vehicle forced you off or turned across you, you may have a claim against its insurer even without contact.
Busy places such as the Tempe homemaker centre, the Cooks River and Tempe House 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
- 2044
- Getting around
- Tempe station · bus stops on Princes Highway
- Main roads
- Princes Highway · Unwins Bridge Road
- Local landmarks
- Tempe homemaker centre · Cooks River
- Nearest public hospital
- Royal Prince Alfred Hospital
The motor accident test, in plain terms
The CTP scheme follows the vehicle, not the person. Every registered motor vehicle in NSW carries a Green Slip, and the policy responds to injuries the vehicle causes, whether the person hurt was inside it or not. So the question for a rider, cyclist or pedestrian is simple to ask but sometimes hard to answer: was a motor vehicle part of how you were hurt?
Physical contact isn't always required. A rider who swerves to avoid a car that pulls out, or a pedestrian who falls leaping clear of a vehicle, may still have a claim against that vehicle's insurer. These claims rely heavily on evidence, so witnesses and footage matter even more than usual. If the vehicle didn't stop, a different claim path applies, which the car accident claim page explains.
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Riding, walking or a passenger, anywhere in NSW: the check is by phone or online, it's free, and there's no pressure to go further.
If you were on a motorbike
Missing or inadequate gear can become an argument: the insurer may claim a particular injury would have been less serious with proper protection. Where the evidence backs that up, contributory negligence can reduce the claim by a percentage. If the rider is found more than 61% at fault, the damages claim is lost, and statutory benefits are generally limited to the first 52 weeks. Keep damaged gear unrepaired, and photograph it from every side.
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
Walking, crossing and car parks: pedestrian claims
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.
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.
Read next:Pedestrian accident claims
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.
Interstate trucks are a constant presence on the Hume, Pacific and Newell highways. A crash with one in NSW is generally still handled under the NSW scheme, though identifying the insurer can take longer. Make sure the claim records the truck's home state and the precise location, so the paperwork doesn't stall.
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.
A helmet, lights after dark and your position on the road may all come up if the insurer says you contributed to the crash. Any reduction depends on evidence, including whether the missing item made an injury worse, and it generally shrinks a claim rather than ending it. Turning drivers are generally expected to give way to riders in a marked bike lane.
Read next:Cyclist accident claims
Evidence by road user
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
- Your ride-tracking or GPS file from the day
- 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
- The insurer says your crash wasn't a motor accident at all
- You were hurt getting into or out of a vehicle and the insurer disputes cover
- A driver forced you off the road without contact and denies it
- A truck or bus operator's records may matter and need to be kept
You may not need one
- You were a bus or rideshare passenger and the insurer has accepted the claim
- A pedestrian claim against an identified car is progressing smoothly
- You only need help working out which insurer to contact
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 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 Tempe
- 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 Tempe
- 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 Tempe
Frequently asked questions
Usually the Green Slip of whichever vehicle caused the crash. That's the rideshare car itself if your driver was to blame, or the other car if its driver was. The app company isn't the one you claim from, and neither is the driver personally. Save a screenshot of the trip showing the driver, the car's plate and the route, because app records aren't always easy to retrieve later.
A child who was 16 or under at the time can get the treatment and care they need for as long as they need it, and that doesn't depend on fault, even if they ran onto the road. A parent or guardian usually lodges the claim with the car's CTP insurer. Other entitlements may depend on fault and the injury. Keep school and medical records together, as some effects only become clear over time.
You may be able to. Contact isn't what decides it. If the way another vehicle was driven caused you to crash, for example by pulling out or cutting across your line, you may have a claim against that vehicle's CTP insurer. The difficulty is proof. Look for witnesses, helmet-camera or dashcam footage and any part of the registration. Write down where the vehicle came from and what it did while it's fresh.
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.
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.
Sometimes. The test is whether the injury came from the use or operation of a motor vehicle. A passing car striking you as you open the door, or a bus pulling away while you're still on the step, can qualify. Slipping on a wet kerb with no vehicle movement involved usually won't. Note the vehicle, the time and exactly what moved, photograph the spot, and see a doctor promptly.
Motor vehicle accident lawyer: suburbs near Tempe
Related reading
- How motor accident compensation works in NSW
- Rideshare accidents and CTP
- Crashes while driving for work
- Gathering medical evidence
- Crash while working? Quick check
- 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
- Inner West: 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.