Sydney CBD & inner city · Motor vehicle accident claims

Hit riding or walking in Waterloo? Motor accident lawyer

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

Road users outside a car face questions drivers rarely do. Does a solo motorbike crash count? Is a bicycle covered? What about an e-scooter, a bus or a delivery job? People from Waterloo can use our free claim check by phone or online to get plain answers, then be pointed to the right help, which is often simpler than they expect.

Postcode: 2017

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Is it a motor accident? A quick guide

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.

Riding, walking and cycling around Waterloo

City streets carry very heavy foot traffic around Town Hall, Wynyard and Central, with light rail on George Street. A pedestrian hit there by a car, bus or delivery vehicle generally claims through that vehicle's CTP insurer. With Waterloo Metro station, Green Square station and bus stops on Botany Road and McEvoy Street 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. On a route like Botany 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 Green Square town centre, the Gunyama Park Aquatic Centre and the Joynton Avenue Creative 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
Sydney CBD & inner city
Postcode
2017
Getting around
Waterloo Metro station · Green Square station
Main roads
Botany Road · McEvoy Street
Local landmarks
Green Square town centre · Gunyama Park Aquatic Centre
Nearest public hospital
Royal Prince Alfred Hospital

What counts as a motor accident

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.

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.

Cyclists, e-bikes and e-scooters

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.

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

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Riders: solo crashes, gear and lane position

Arguments in rider claims tend to centre on where the bike was and whether it was visible. Lane position, moving between lanes of slow traffic, headlights and the driver's sightline all come up, and the road rules for motorcycles are detailed. Write down what you were doing and where, as precisely as you can, and have someone who knows those rules look at it before you accept a fault finding.

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

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.

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

Hurt on a bus, in a taxi or while delivering

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.

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

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.

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.

Evidence by road user

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
  • The vehicle's registration, company name or route number
  • Photos of the crossing, lane markings or bike lane

Read next:At-fault self-check

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

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

  • The insurer says your crash wasn't a motor accident at all
  • A driver forced you off the road without contact and denies it
  • Your injuries include fractures, a head injury or nerve damage
  • You were hurt getting into or out of a vehicle and the insurer disputes cover

You may not need one

  • You came off a bicycle alone and just need to confirm it isn't a CTP matter
  • A pedestrian claim against an identified car is progressing smoothly
  • You were a bus or rideshare passenger and the insurer has accepted the claim

If treatment is what you need now, start there. We can put you in touch with doctors and allied health experienced with CTP claims, who can complete the Certificate of Fitness and link your injuries to the crash.

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 Waterloo
  • 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 Waterloo
  • 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 Waterloo

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