What to do immediately after an e-scooter collision in Albury
If you have been involved in a motor vehicle accident in Albury involving an e-scooter, it is important to act quickly to protect your rights under the NSW Compulsory Third Party (CTP) insurance scheme. The CTP scheme provides financial support for injuries sustained in motor accidents, regardless of who was at fault. This includes collisions between e-scooters and motor vehicles, pedestrians, or other e-scooters. You must preserve evidence that supports your claim, as the type and quality of evidence can determine whether you are eligible for benefits such as treatment and care, weekly income payments, or damages.
Evidence and records to preserve after an e-scooter accident
The following records are essential to support a claim under the CTP scheme in NSW:
- A detailed description of the accident, including the time, location, weather, road conditions, and how the collision occurred.
- Photographs or videos of the e-scooter, any vehicle involved, the scene of the accident, and any visible injuries.
- Medical records from the time of the accident, including emergency department notes, diagnostic imaging (X-rays, MRI, CT scans), and follow-up appointments.
- A written statement from any witness, including their name, contact details, and what they observed.
- A copy of any police report, if one was filed.
- Records of lost income, including payslips and a letter from your employer confirming time off work.
- All correspondence with your insurer, including claim forms, letters, and email exchanges.
These records help establish the nature of the injury, the circumstances of the accident, and the impact on your daily life and ability to work.
How CTP rules apply to e-scooter collisions in NSW
Under the Motor Accident Injuries Act 2017, e-scooters are treated as motor vehicles for the purposes of CTP insurance, provided they are used on a road or road-related area. This means that if you were injured while riding an e-scooter, or were struck by one, you may be entitled to benefits under the CTP scheme.
The scheme provides three main types of support:
- Treatment and care benefits: to cover reasonable and necessary medical and rehabilitation expenses.
- Weekly income payments: to replace lost income if you are unable to work due to injury.
- Damages: to compensate for pain and suffering, and for permanent impairment, if your injury meets the threshold for a common law claim.
You must have a threshold injury, such as a permanent impairment of 10% or more, or a serious injury as defined in the Act. A minor soft tissue injury may not qualify for damages, even if it causes significant pain and disruption.
Time limits and procedural steps
There are time limits that apply to making a claim under the CTP scheme. You must notify your insurer of the accident as soon as practicable. While there is no strict deadline for notifying the insurer, delays may affect the ability to prove the claim. You must also make a formal claim within two years of the accident date.
If you are seeking treatment and care benefits, you must apply within 12 months of the accident. For weekly income payments, you must apply within 12 months of the date you became unable to work due to the injury.
If your claim is denied or you disagree with the insurer’s decision, you may request a review. You can also apply to the Civil and Administrative Tribunal (NCAT) for a determination. It is important to keep all correspondence and documentation throughout the process.
When to seek independent advice
The CTP scheme can be complex, particularly when the accident involves a shared e-scooter, a private e-scooter, or a collision on private property. The legal status of the e-scooter, the nature of the injury, and whether the accident occurred on a public road or private land may affect your eligibility for benefits.
For example, if you were injured while riding an e-scooter on a footpath or in a car park, the insurer may argue that the CTP scheme does not apply. In such cases, independent legal advice is recommended to assess whether the accident occurred in a way that triggers CTP coverage.
A hypothetical example: A person in Albury was struck by a shared e-scooter while crossing a pedestrian crossing. They sustained a back injury and were unable to work for six weeks. They collected photos of the scene, obtained a witness statement, and obtained medical evidence showing a disc injury. These records supported their claim for treatment and care benefits and weekly income payments.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.