Claim scenarios

Motorcycle Accidents and Your CTP Claim

Motorcycle claims tend to involve more serious injuries and more contested fault findings than other motor vehicle accidents in NSW.

Last updated · General information, not legal advice

Overview

Motorcycle riders are over-represented in serious road injuries, and the claims that follow tend to reflect that: more complex damages claims, more medical evidence, and often more argument about fault. If you were injured riding, you can generally claim against the other vehicle's Green Slip insurer in the usual way, but it's worth going in understanding how these claims typically play out.

Key points

  • Statutory benefits are generally available to riders regardless of fault, at least initially
  • Serious motorcycle injuries are often non-threshold, keeping damages on the table
  • Speed, filtering and visibility arguments need evidence, not assumption
  • Get a police report and witness details as early as you safely can
  • Whole person impairment assessment often plays a significant role given injury severity

Your situation

Work out where you stand

How we help

A free claim check helps you understand where your claim stands, including how your specific injuries are likely to be classified under the scheme. Fault is contested more often in motorcycle claims and injuries tend to be more serious, so where fault is disputed or your injuries are significant, we'll connect you with an independent specialist lawyer — it's one of the clearer cases where early legal advice is worth having. If your claim is straightforward, we'll tell you that too. Given how serious these injuries often are, the right medical team — a doctor experienced with CTP claims, plus allied health such as physio or exercise physiology for rehabilitation — matters as much as any legal advice. See doctors and allied health for CTP claims for help finding providers.

What this means

Statutory benefits are generally available to injured riders regardless of fault, at least for an initial period, in the same way as any other road user. Common law damages depend on not being mostly at fault (more than 61% contributory negligence) and having an injury that's more than a threshold injury — which is often the case in motorcycle accidents, given the frequency of fractures, traumatic brain injury and nerve damage. Insurers and other drivers sometimes raise speed, lane filtering, or visibility as fault arguments; these need to be assessed against the actual road rules and evidence, not assumed.

This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.

Frequently asked questions

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CTP Lawyer is not a law firm and doesn't give legal advice. General information only — the independent lawyer you speak with can advise on your situation.

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