Understanding liability in e-scooter collision claims 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).
If you were injured in a collision involving an e-scooter in Ashfield, NSW, the insurer of the motor vehicle involved will assess liability under the Motor Accident Injuries Act 2017. This assessment determines whether you are entitled to statutory benefits such as treatment and care, weekly income payments, and, in some cases, damages. The process is not automatic and depends on evidence of fault, the nature of the accident, and whether the e-scooter was being used legally at the time.
How NSW insurers assess liability in e-scooter accidents
Insurers assess liability by examining whether the motor vehicle driver was at fault, whether the e-scooter operator was acting reasonably, and whether the e-scooter was being used in a way that complies with the law. Under the Motor Accident Injuries Act 2017, liability is not determined by fault alone, insurers must consider the circumstances of the accident, including road conditions, traffic control devices, and whether either party breached a duty of care.
An e-scooter is treated as a vehicle under NSW law if it is used on a road or road-related area such as a footpath, cycle path, or shared path. If the e-scooter was being ridden on a footpath in Ashfield and collided with a car, the insurer will examine whether the driver was negligent in failing to see or yield to a pedestrian or e-scooter user. Similarly, if the e-scooter was on a cycle path and a car turned into it, the insurer will assess whether the driver failed to give way as required by traffic rules.
Key evidence that insurers rely on
Insurers will review several types of evidence when assessing liability. The most critical is a police report, if one was made. Even if no report was filed, you should obtain a copy of any witness statement, photographs of the scene, and any video from nearby surveillance or a mobile phone. Medical records detailing the injury and treatment received are also essential, as they help establish the link between the accident and the harm suffered.
Other evidence may include:
- A statement from the e-scooter operator describing how the accident occurred
- Details of the e-scooter’s speed and condition
- Evidence of whether the e-scooter was equipped with lights, reflectors, or a bell, as required under the Road Rules 2014
- A record of whether the e-scooter was being used on private property, a car park, or a public road
SIRA’s role in liability assessment
The State Insurance Regulatory Authority (SIRA) provides guidance to insurers on how to assess liability in motor accident claims, including those involving e-scooters. SIRA’s Motor Accident Guidelines set out the standards for determining whether a person was at fault, and whether an injury qualifies as a threshold injury under the Motor Accident Injuries Act 2017.
For example, if an e-scooter rider suffered a spinal nerve-root injury with neurological signs other than radiculopathy, that injury may still qualify as a threshold injury even if it does not meet the criteria for radiculopathy. This is because the Motor Accident Guidelines define a threshold injury as one that includes certain types of soft-tissue injury, including nerve-root injuries with objective signs.
Time limits and claim procedures
You must notify the insurer of the motor vehicle involved within 3 months of the accident, or within 3 months of when you first became aware of the injury, whichever is later. This is a strict time limit under the Motor Accident Injuries Act 2017. Failure to notify within this period may prevent you from receiving statutory benefits.
If you are claiming damages, you must also meet the threshold injury requirement. This means your injury must be serious enough to qualify for compensation beyond treatment and care benefits. The Motor Accident Injuries Act 2017 sets out the criteria for a threshold injury, including permanent impairment, significant psychological injury, or a condition that prevents you from returning to work.
What happens if liability is disputed
If the insurer disputes liability, you may request a review through SIRA’s dispute resolution process. You can also apply to the Civil and Administrative Tribunal (NCAT) for a determination. The tribunal will consider all available evidence, including medical reports, witness statements, and any video footage.
In some cases, the insurer may accept liability but dispute the extent of the injury or the need for ongoing treatment. In these cases, you may need to provide further medical evidence or undergo an independent assessment.
Practical steps to support your claim
To strengthen your claim, you should:
- Seek medical treatment as soon as possible after the accident
- Keep a record of all medical appointments, treatments, and expenses
- Take photos of the accident scene, your injuries, and any damage to the e-scooter
- Write down a detailed account of how the accident occurred, including the time, weather, and road conditions
- Contact the insurer within 3 months of the accident or when you first discovered the injury
Hypothetical example: E-scooter and car collision in Ashfield
In a recent case in Ashfield, a 32-year-old e-scooter rider was struck by a car while crossing a pedestrian crossing on a cycle path. The e-scooter was equipped with lights and reflectors, and the rider was wearing a helmet. The car driver claimed they did not see the rider due to poor lighting. The insurer initially denied liability, citing the rider’s use of a cycle path. However, the police report confirmed the car had failed to stop at a traffic light. Medical evidence showed the rider sustained a spinal nerve-root injury with objective neurological signs. SIRA’s guidelines supported that this injury met the threshold criteria. The insurer eventually accepted liability and provided treatment and care benefits, and the claim proceeded to damages.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.