Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you've been injured in an e-scooter collision in Auburn, understanding your rights under NSW's Compulsory Third Party (CTP) scheme is critical. The first 24 hours after an accident can shape your ability to claim compensation for injuries, medical treatment, and lost income. This article explains the legal steps to take immediately, how the CTP scheme applies to e-scooter collisions, and what evidence to preserve.
What to Do Immediately After an E-scooter Collision
After a collision, your priority is safety and medical care. Call emergency services if needed and seek medical attention even for minor injuries. Document the scene by taking photos of the e-scooter, road conditions, and any visible injuries. Note the time, location, and weather conditions. If possible, collect contact details from witnesses and the other rider.
Contact the police to report the collision, as this creates an official record. If the other rider is uninsured or unregistered, the CTP scheme may still cover your claim, but you must notify your insurer within 28 days. Delaying notification could affect your ability to claim benefits.
How the NSW CTP Scheme Applies to E-scooter Collisions
NSW's CTP scheme covers injuries caused by motor vehicles, including e-scooters, regardless of fault. However, the scheme only applies if the collision involves a registered vehicle. If the e-scooter was unregistered or the rider was not insured, the claim may fall under the 'blameless' provisions of the Motor Accident Injuries Act 2017. This means you may still be eligible for treatment and income support if the injury meets the 'threshold injury' criteria.
Threshold injuries include soft tissue injuries like whiplash, fractures, and minor head injuries. For these, you may receive weekly income benefits and treatment costs for up to 52 weeks. If your injury results in a whole person impairment (WPI) of 10% or more, you may be eligible for a lump sum payment. The key is to seek medical assessment within 28 days to determine your injury's severity.
Evidence That Matters for a Successful CTP Claim
To support your claim, gather evidence such as:
- Medical records confirming your injury and treatment
- Police reports of the collision
- Witness statements or contact details
- Photos of the accident scene and damaged e-scooter
- Proof of income to claim lost wages
- Correspondence with insurers or the other rider
If you're unsure about the relevance of specific evidence, consult a legal professional. The CTP insurer may request a medical report from a registered medical practitioner to assess your injury.
Time Limits and When to Seek Advice
You have 28 days to notify your insurer of the collision. If you fail to do so, you may lose your right to claim benefits. For injuries meeting the threshold injury criteria, you must seek medical attention within 28 days to be eligible for weekly payments. If your injury is more severe, you must notify the insurer within 28 days of the accident.
If the CTP insurer disputes your claim or refuses to pay, you may need to apply to the NSW Civil and Administrative Tribunal (NCAT) to resolve the dispute. However, it's important to note that the CTP scheme does not cover all injuries. For example, if the injury is not a threshold injury, you may not be eligible for benefits.
Example Scenario
Consider a case where a cyclist collides with an unregistered e-scooter in Auburn. The cyclist sustains a minor head injury and fractures their wrist. They seek medical attention within 24 hours and receive a diagnosis of a threshold injury. The CTP insurer agrees to cover the cost of treatment and pays weekly benefits for 52 weeks. However, if the cyclist delays seeking medical care, the insurer may dispute the injury's severity and reduce the benefits.
When to Seek Legal Advice
If you're unsure about your claim's validity, or if the CTP insurer is not responding to your request, it's wise to seek legal advice. A solicitor can help you understand your options, ensure you meet all deadlines, and challenge any unfair decisions by the insurer.
Next Steps
Time limits and procedural requirements can affect your ability to claim compensation. To request contact about your circumstances, complete the quick, no obligation enquiry form.