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).
If you've been injured in an e-scooter collision in Greater Sydney, knowing what evidence to collect and preserve is crucial for a successful CTP claim. Under NSW law, the Motor Accident Injuries Act 2017 (MAIA) governs claims for injuries caused by motor vehicles, including e-scooters. This article explains the evidence you should keep, the records that matter, and how to navigate the claims process.
What Evidence to Collect After an E-scooter Collision
To support your CTP claim, gather the following evidence immediately:
- Medical records: Document all injuries, treatments, and medical opinions. SIRA guidelines emphasize that medical evidence is essential to prove the nature and extent of your injuries.
- Accident details: Note the time, location, and circumstances of the collision. Include witness statements, if available, as they can help establish fault or the sequence of events.
- Vehicle and rider information: Record details about the e-scooters involved, such as make, model, and registration numbers. If applicable, note whether the riders were wearing helmets or followed traffic rules.
- Photographs and videos: Capture the scene, damaged vehicles, and any visible injuries. Ensure your phone camera is functioning, as visual evidence can be critical.
- Witness contact details: Obtain names and contact information from witnesses to support your account of the incident.
Records That Matter for a CTP Claim
Under the MAIA, claims must demonstrate a connection between the accident and your injuries. Key records include:
- Medical reports: These must show a threshold injury (as defined by SIRA guidelines) or a whole-person impairment. For example, a spinal nerve-root injury with neurological signs may qualify as a soft-tissue injury.
- Income and employment records: If you've lost wages due to the accident, provide payslips or employer statements. SIRA's 'What you can claim' page outlines how weekly income payments are calculated.
- Insurance documentation: Keep copies of all correspondence with the at-fault rider's insurer. This includes claims forms, policy numbers, and any responses.
- Witness statements: Written accounts from witnesses can corroborate your version of events and help establish liability.
How SIRA Guidelines Apply to E-scooter Claims
SIRA's Motor Accident Claims page states that all claims must be supported by evidence showing a direct link between the accident and your injuries. For e-scooter collisions, this means:
- Proving fault: While CTP claims typically don't require proving fault, the at-fault rider's insurance must be identified. SIRA guidelines clarify that the 'blameless' provisions apply only if the rider was not at fault.
- Threshold injuries: If your injuries fall below the threshold defined in the Motor Accident Guidelines, you may still qualify for treatment and care benefits under the MAIA. However, weekly income payments may not be available after 52 weeks.
- Dispute resolution: If your claim is disputed, SIRA's dispute resolution process requires you to submit evidence and may involve an independent medical assessment.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify the at-fault rider's insurer within 5 years of the accident. However, for injuries that fall below the threshold, weekly benefits are generally limited to 52 weeks. If your injuries meet the threshold, you may be eligible for long-term support.
If you're unsure whether your injuries qualify for a claim, seek legal advice promptly. SIRA's guidelines are not a substitute for professional legal guidance, especially when disputes arise or complex injuries are involved.
Next Steps
E-scooter collisions in Greater Sydney require careful documentation to support a CTP claim. By collecting the right evidence and understanding your legal rights under the MAIA, you can better navigate the claims process. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.