Cyclist Dooring Incidents, How SIRA Explains the Rules in NSW
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
A cyclist dooring incident occurs when a vehicle door opens into the path of a cyclist, causing injury. In New South Wales, such incidents are governed by the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). SIRA provides clear guidance on how these claims are assessed, including for incidents in the Illawarra and South Coast regions. The legal framework does not vary by location within NSW, so the rules applied in Wollongong, Kiama, or Nowra are the same as elsewhere in the state. The focus is on whether the driver or occupant of the vehicle was at fault, and whether the cyclist sustained an injury that qualifies for compensation under the CTP scheme.
What Claims Are Available After a Cyclist Dooring Incident
If a cyclist is injured in a dooring incident, they may be entitled to statutory benefits under the CTP scheme. These include treatment and care benefits, which cover medical treatment, rehabilitation, and allied health services. Weekly income payments may also be available if the injury prevents the cyclist from working. These benefits are generally payable regardless of fault, but only if the injury is not a threshold injury. If the injury is a threshold injury, the cyclist may still receive treatment and care benefits, but weekly payments are limited to 52 weeks unless the injury is not a threshold injury.
A claim for damages may be made only if the injury meets the threshold for a serious injury under the Motor Accident Injuries Act 2017. This includes injuries that result in a whole person impairment of at least 15%. The threshold injury definition includes some soft-tissue injuries, but only if they result in a permanent impairment. A spinal nerve-root injury that causes neurological signs other than radiculopathy may still be considered a threshold injury under the Motor Accident Guidelines. If the injury does not meet the threshold, the cyclist may not be able to claim damages, even if they were not at fault.
How Insurers Assess Liability for Dooring Incidents in NSW
SIRA’s guidance confirms that liability for a dooring incident is assessed based on whether the driver or occupant of the vehicle failed to take reasonable care. In most cases, opening a vehicle door into the path of a cyclist without checking for oncoming traffic is considered a failure to take reasonable care. The driver may be found at fault even if they were not negligent in other aspects of driving, such as parking or reversing.
SIRA notes that the burden of proof lies with the claimant to establish that the door was opened into the cyclist’s path and that the cyclist was not at fault. Evidence such as photographs, video footage from dashcams or nearby surveillance, witness statements, and medical records are critical. Cyclists who were using a bike path or designated cycle lane may have a stronger case, as the law presumes that drivers should be aware of cyclists in these zones. However, the presence of a cycle path does not automatically make the driver liable.
Practical Steps and Evidence That Matter
If you were injured in a dooring incident, the first step is to seek medical attention and document the injury. Keep all medical records, including reports from your treating practitioner, imaging results, and rehabilitation plans. Take photographs of the scene, the vehicle door, and any damage to your bicycle or clothing. Note the time, weather, and road conditions at the time of the incident.
Contact the insurer of the vehicle involved as soon as possible. You must notify the insurer within 6 months of the accident, or you may lose your right to claim. The insurer will assess the claim based on SIRA’s guidelines and the Motor Accident Injuries Regulation 2017. You may be asked to provide a statement, and you should record all communications with the insurer.
A hypothetical example: A cyclist in Wollongong was struck by a car door while riding on a shared path. The door opened without warning, and the cyclist fell and sustained a concussion and a fractured wrist. The cyclist reported the incident to the insurer within 3 months, provided medical reports, and submitted photos of the door and the scene. The insurer accepted liability, and the cyclist received treatment and care benefits, as well as weekly income payments for 52 weeks. The injury did not meet the threshold for damages, so a common law claim was not pursued.
Time Limits and When to Seek Advice
There are strict time limits for making a CTP claim. You must notify the insurer within 6 months of the accident. If you wish to claim damages, you must start proceedings within 3 years of the accident. These time limits apply equally in the Illawarra and South Coast regions. Missing a deadline may prevent you from receiving compensation, even if you were not at fault.
If you are unsure whether your injury qualifies for damages, or if the insurer disputes liability, it is advisable to seek independent legal advice. SIRA does not provide legal advice, and the interpretation of liability and injury thresholds can vary depending on the evidence. Disputes may be resolved through the CTP dispute resolution process, but this can be complex and time-consuming.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.