What Changed for E-scooter Collisions After 2017 NSW Reforms
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).
The 2017 reforms to NSW’s Compulsory Third Party (CTP) insurance scheme significantly altered how injuries from e-scooter collisions are assessed and compensated. Key changes include stricter rules on liability, revised thresholds for compensation, and updated documentation requirements. These reforms, under the Motor Accident Injuries Act 2017 (MAIA), replaced the older Motor Accidents Compensation Act 1999 (MACA) and now govern claims for injuries caused by motor vehicles, including e-scooters.
How SIRA Applies the New Rules to E-scooter Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme and outlines how claims are evaluated. Under the 2017 reforms, SIRA now applies the following principles to e-scooter collisions:
- Liability: The at-fault party’s insurer must cover claims, regardless of whether the e-scooter was registered or operated on public roads. SIRA clarified that e-scooters are treated as motor vehicles under the MAIA.
- Threshold Injuries: Injuries must meet the 'threshold injury' definition in the Motor Accident Guidelines. For example, a soft-tissue injury requiring medical treatment may qualify, but injuries like whiplash without neurological signs may not. SIRA emphasizes that spinal nerve-root injuries with neurological signs (even without radiculopathy) can still count as threshold injuries.
- Compensation Limits: Claims for injuries below the threshold (e.g., minor sprains) are limited to 52 weeks of weekly benefits. SIRA now explicitly states that 'only injuries' from the accident determine eligibility for benefits after this period.
Practical Steps and Evidence for E-scooter Claims
To support a claim, injured persons must gather specific evidence:
- Medical Records: Documentation from a medical practitioner confirming the injury’s nature and treatment.
- Accident Report: Details of the collision, including time, location, and vehicle details. SIRA notes that e-scooters must be registered for claims, so proof of registration is critical.
- Witness Statements: Statements from witnesses can help establish fault and the circumstances of the collision.
- Photographs: Images of the e-scooter, the accident scene, and any visible damage.
- Income Records: Proof of lost wages or reduced earning capacity, if applicable.
Time Limits and When to Seek Advice
Claims must be submitted within 52 weeks of the accident for weekly benefits. However, claims for permanent impairments or long-term care can extend beyond this period. SIRA advises seeking legal advice promptly to ensure all deadlines are met, especially for complex cases involving multiple injuries or disputes over liability.
Example: How the 2017 Reforms Affect a Typical Claim
Consider a scenario where a rider collides with a car on a car park. Under the old MACA, the rider might have faced higher out-of-pocket costs for treatment. Now, under the MAIA, the rider’s claim is automatically covered by the at-fault party’s insurer, provided the e-scooter was registered. If the injury meets the threshold definition (e.g., a fractured wrist requiring surgery), the rider could receive weekly benefits for up to 52 weeks. If the injury results in a whole-person impairment of 10% or more, the rider may pursue additional compensation for long-term effects.
Next Steps
The 2017 reforms have streamlined CTP claims but also introduced stricter rules on evidence and eligibility. If you’ve been injured in an e-scooter collision, it’s essential to understand how the reforms apply to your specific circumstances. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.