E-scooter collisions in NSW are handled under the Compulsory Third Party (CTP) scheme, which is administered by the State Insurance Regulatory Authority (SIRA). This article explains how SIRA assesses injuries caused by e-scooter collisions, outlines practical steps for claiming compensation, and compares how e-scooter claims are treated under NSW law compared to traditional motor vehicle accidents. The following examples, based in Albury, illustrate key considerations for injured persons.
How SIRA assesses e-scooter collision claims
SIRA applies the same CTP rules to e-scooters as other motor vehicles, provided the e-scooter was being used on a road or public place. Claims are evaluated based on the Motor Accident Injuries Act 2017 and Motor Accident Guidelines, which define injuries, treatment, and compensation. For example, if an e-scooter collision results in a soft tissue injury (such as a whiplash-like condition), SIRA will assess whether the injury meets the threshold injury criteria outlined in the Guidelines. This includes checking for neurological signs or spinal nerve-root injuries, as specified in the Guidelines.
A key distinction is that e-scooter claims are treated as ordinary CTP claims, not as 'blameless accidents' or 'Nominal Defendant' matters. This means the fault of the rider or driver is typically irrelevant unless the claimant contributed to the accident. However, if the injury is classified as a threshold injury, weekly benefits and treatment payments are generally limited to 52 weeks under the Act, unless the injury results in long-term impairment.
Practical steps after an e-scooter collision
If you’ve been injured in an e-scooter collision, take the following steps:
- Seek immediate medical attention to document injuries, as this is critical for SIRA assessments.
- Preserve evidence, including:
- Police reports or accident statements
- Witness contact details
- Photographs of the scene and vehicle damage
+ Medical records showing the nature and duration of injuries
- Notify SIRA within 52 weeks of the accident to claim benefits for threshold injuries. For non-threshold injuries, claims can be made beyond this period if the injury is classified as a whole person impairment.
- Keep records of income loss if you’re unable to work, as this affects weekly income payments.
How e-scooter claims differ from traditional motor accidents
SIRA applies the same CTP scheme to e-scooters as cars, trucks, or motorcycles, but there are nuances. For instance, e-scooters are classified as motor vehicles under NSW law if they exceed 40 kg or have an engine. This means they are subject to the same 52-week statutory benefit rules as other motor vehicles. However, if the injury results in a whole person impairment (such as chronic pain or mobility issues), benefits may continue beyond 52 weeks.
A hypothetical example from Albury illustrates this: A cyclist collided with an e-scooter at a traffic light. Medical records showed soft tissue injuries and temporary mobility issues. SIRA classified the injury as a threshold injury, limiting benefits to 52 weeks. However, if the cyclist later developed chronic back pain requiring ongoing treatment, a new claim could be made under the whole person impairment category.
Time limits and when to seek advice
Claims for threshold injuries must be reported to SIRA within 52 weeks of the accident. If you fail to report within this period, you may lose access to weekly benefits and treatment payments. For non-threshold injuries, there is no strict time limit, but delays can complicate proving the injury’s connection to the collision.
If you’re unsure whether your injury qualifies for benefits, or if your claim is disputed, seek legal advice. SIRA’s process can be complex, and injuries from e-scooters may involve unique considerations, such as determining whether the e-scooter was being used in a public place or private property.
Next steps
CTP entitlements depend on the date of the accident, nature of the injury, and how the claim is reported. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.