Understanding E-scooter Collisions Under NSW CTP Law
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).
E-scooter collisions in New South Wales are governed by the same Compulsory Third Party (CTP) insurance framework that applies to traditional motor vehicle accidents. If you were injured while using a private or shared e-scooter in NSW, you may be entitled to compensation through the CTP scheme, provided the accident occurred on a road or road-related area and involved a motor vehicle. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the legal basis for claims, regardless of whether the collision involved a car, bicycle, or e-scooter. The key principle is that CTP insurance covers personal injury resulting from a motor vehicle accident, and e-scooters are treated as vehicles under the law when used on roads or in ways that involve movement on public pathways.
How SIRA’s Guidelines Apply to E-scooter Injury Claims
The State Insurance Regulatory Authority (SIRA) provides guidance on how motor accident claims are assessed, including those involving e-scooters. Under SIRA’s Motor Accident Claims framework, the focus is on establishing whether the injury arose from a motor vehicle accident and whether the claimant meets the eligibility criteria for benefits. For e-scooter users, this means proving that the collision occurred on a road or road-related area, such as a shared path, footpath adjacent to a road, or a car park used for public access. The use of an e-scooter does not automatically exclude a claim, but the nature of the location and the circumstances of the accident must be assessed under the law.
Practical Steps and Evidence That Matter in E-scooter Claims
To support a CTP claim after an e-scooter collision, you must gather and preserve evidence that demonstrates the accident occurred, the injury was sustained as a result, and the responsible party was operating a motor vehicle. Key evidence includes:
- A police report, if one was filed at the scene
- Photographs of the e-scooter, the injury site, and any vehicle involved
- Medical records detailing the injury, treatment, and diagnosis
- Witness statements, if available
- A record of any communications with the insurer or the driver of the vehicle
SIRA emphasises that the claim process is the same regardless of the type of vehicle involved. However, because e-scooter collisions often occur at low speeds and may involve minor injuries, insurers may scrutinise whether the injury meets the threshold for damages under the Motor Accident Injuries Act 2017. This includes assessing whether the injury is a threshold injury, such as a soft-tissue injury, and whether it has caused a permanent impairment.
Common Challenges in E-scooter Collision Claims
One practical challenge in e-scooter claims is establishing liability. Unlike motor vehicle accidents involving two drivers, e-scooter collisions often involve a pedestrian, cyclist, or motor vehicle, and the e-scooter user may not have been wearing protective gear or may have been riding in a restricted zone. Insurers may argue that the e-scooter user contributed to the accident through negligence, such as riding on a footpath where it is prohibited. In such cases, the claim may still proceed, but any compensation may be reduced under the principle of contributory fault.
Another challenge is the assessment of injury severity. SIRA’s Motor Accident Guidelines state that for a soft-tissue injury to qualify as a threshold injury, it must result in a permanent impairment of at least 10% of the whole person. For spinal nerve-root injuries, the presence of neurological signs other than radiculopathy may still qualify as a soft-tissue injury under the Guidelines. However, if the injury is limited to radiculopathy, it must meet specific clinical signs to be considered a threshold injury.
Hypothetical Example: E-scooter Collision in Sydney’s Inner West
A 32-year-old woman was riding a shared e-scooter on a designated cycle path in Newtown, Sydney, when she was struck by a car turning left from a side street. She sustained a whiplash injury and was treated by her GP and a physiotherapist. She was unable to work for 14 days and has ongoing neck pain. She provided a police report, medical records, and a photograph of the e-scooter damage. Her claim for treatment and care benefits, weekly income payments, and damages was assessed under the CTP scheme. Because her injury was a soft-tissue injury with a permanent impairment of 12%, it met the threshold for damages. The insurer accepted liability, and she received compensation for medical expenses, lost income, and pain and suffering.
Time Limits and When to Seek Advice
There is a 3-year time limit from the date of the accident to begin a claim for damages under the Motor Accident Injuries Act 2017. For treatment and care benefits, the 52-week limit applies if the only injuries are threshold injuries. If the injury does not meet the threshold, or if there is a permanent impairment, the claim may continue beyond 52 weeks. Claims for damages are not subject to this limit.
If you are uncertain about your rights, the nature of your injury, or whether you have a valid claim, it is advisable to seek independent legal advice. The process of making a claim, especially involving e-scooters, can be complex due to factors such as location, vehicle type, and injury classification. SIRA provides information on the claim process, but it does not give legal advice.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.