How are treatment costs funded after an e-scooter collision in NSW?
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).
Under New South Wales Compulsory Third Party (CTP) laws, treatment costs for injuries from e-scooter collisions are funded through the Motor Accident Injuries Act 2017 (MAIA). This scheme covers medical treatment, rehabilitation, and related expenses regardless of fault, as long as the accident involves a motor vehicle. E-scooters are classified as motor vehicles under NSW law, so they fall under the same CTP coverage as cars and motorcycles.
Key CTP Funding Rules for E-scooter Injuries
The MAIA ensures injured parties receive treatment costs through two main pathways:
- Statutory benefits - weekly payments for lost income and treatment costs for injuries meeting the 'threshold injury' definition.
- SIRA guidelines - the State Insurance Regulatory Authority (SIRA) provides detailed criteria for assessing treatment eligibility, including medical reports and injury severity.
For example, if you sustained a soft-tissue injury (like a whiplash) from an e-scooter collision, SIRA would cover your physiotherapy and scans, provided your injury meets the spinal nerve-root qualification outlined in the Motor Accident Guidelines.
Practical Steps for Funding Treatment Costs
To ensure treatment costs are funded:
- Notify your insurer - Inform the at-fault driver’s CTP insurer within 90 days of the accident.
- Keep medical records - Document all treatment, including specialist reports, therapy sessions, and medication costs.
- Submit a claim form - Use SIRA’s online claim form to request coverage for your treatment expenses.
Disputes over treatment funding can be resolved by requesting a review through SIRA or seeking legal advice. Always act promptly, as time limits apply to CTP claims.
Why E-scooter Claims Are Unique
While e-scooter collisions follow the same CTP rules as other motor accidents, there are key distinctions:
- Liability classification - E-scooters are treated as motor vehicles, not bicycles, so they fall under the MAIA rather than bike-specific schemes.
- Funding eligibility - SIRA’s guidelines explicitly cover e-scooter injuries, ensuring treatment costs are not excluded due to the vehicle type.
When to Seek Legal Advice
If your treatment costs are disputed, or if you need assistance navigating SIRA’s claims process, consult a solicitor. Legal professionals can help challenge incorrect assessments or ensure all eligible expenses are included.
Next Steps for E-scooter Injury Claims
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.