Understanding Medical Assessments in NSW E-Scooter Collision Claims
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 motor vehicle accident involving an e-scooter in Greater Sydney, you may be required to undergo a medical assessment as part of your Compulsory Third Party (CTP) insurance claim. These assessments are conducted under the Motor Accident Injuries Act 2017 (MAIA), which governs all CTP claims in New South Wales. The purpose of the assessment is to determine the nature and extent of your injuries, whether they meet the legal thresholds for compensation, and to assess your capacity for recovery and return to work. The assessment is not a test of fault, nor is it a decision on whether you will receive compensation. It is a factual review of your medical condition, conducted by a qualified medical practitioner approved by the State Insurance Regulatory Authority (SIRA).
How SIRA and the CTP Scheme Handle E-Scooter Collision Claims
SIRA is the government body responsible for administering the CTP scheme in NSW. It oversees the claims process for all motor accidents, including those involving e-scooters, whether they are privately owned or part of a shared mobility scheme. E-scooter collisions are treated under the same legal framework as other motor vehicle accidents, provided the e-scooter was being used on a road or road-related area, such as a shared path, footpath adjacent to a road, or in a car park. The legal test for coverage is not whether the vehicle is a car, but whether it was being used in a way that constitutes a motor vehicle accident under the MAIA.
If your injury occurred while riding an e-scooter, or you were a pedestrian, cyclist, or passenger in a vehicle involved in a collision with an e-scooter, you may be eligible for benefits including treatment and care, weekly income payments, and, if applicable, damages. The assessment will focus on whether your injuries are permanent, whether they affect your ability to work, and whether they meet the legal definition of a threshold injury under the Motor Accident Guidelines.
What to Expect During a Medical Assessment
A medical assessment for a CTP claim will typically involve a face-to-face consultation with a medical practitioner who has been approved by SIRA to conduct such assessments. The doctor will review your medical history, including any pre-existing conditions, and examine the injuries sustained in the accident. You should expect to be asked about the nature of the collision, the immediate symptoms you experienced, and how your condition has progressed since the incident.
The assessment will include a physical examination, and you may be required to undergo diagnostic tests such as an MRI, X-ray, or nerve conduction study, depending on the nature of your injury. For example, if you have back or neck pain, the doctor may assess for spinal nerve-root injury, which may be relevant to the threshold injury definition under the Motor Accident Guidelines. The doctor will also assess your ability to perform daily activities, your capacity for work, and any functional limitations.
If you have ongoing symptoms such as chronic pain, fatigue, or cognitive difficulties, it is important to bring documentation of how these affect your daily life. The doctor will not make a decision on compensation, but will provide a report that will be used by the insurer or SIRA to determine your entitlements.
Key Steps to Prepare for Your Medical Assessment
To ensure your assessment is as effective as possible, you should prepare in advance. Gather all relevant medical records from the time of the accident to the present, including emergency department notes, specialist referrals, imaging reports, and any treatment notes from physiotherapists or pain management clinics. These records help establish the timeline and severity of your injuries.
Bring a list of all medications you are currently taking, including any pain relief or mental health medications. Also bring details of any work absences, changes to your daily routine, or limitations in your ability to care for yourself or family members. If you have been unable to return to work, bring a letter from your employer or a record of your income loss.
If you were involved in a collision with a shared e-scooter, keep any app data, such as ride logs, GPS tracking, or photos of the scene. These may help confirm the timing, location, and circumstances of the accident. Witnesses, if any, should be contacted to provide a statement if requested.
Do not alter or fabricate any medical evidence. The assessment process is designed to be fair and evidence-based. Providing accurate information ensures your claim is assessed on its true merits.
Time Limits and Dispute Options
There are time limits for making a CTP claim in NSW. You must notify your insurer within 6 months of the accident, and you must start proceedings within 3 years of the accident date. These deadlines apply regardless of whether you were injured immediately or symptoms developed later. If you are still receiving treatment, you may still be eligible to claim, but you must notify the insurer as soon as you become aware of your injury.
If you disagree with the outcome of your medical assessment, you may request a review of the report. You can also seek a second opinion from a different medical practitioner, which may be considered by the insurer or SIRA. Disputes about the assessment or your entitlements can be referred to the SIRA dispute resolution process, or, if necessary, to the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Independent Advice
While the CTP scheme is designed to provide support, the process can be complex, particularly when injuries are ongoing or disputed. If you have a permanent injury, are unable to return to work, or believe your claim is being undervalued, it may be wise to seek independent legal advice. A solicitor experienced in motor accident claims can help you understand your rights, review the medical report, and assist in negotiating a fair outcome.
Hypothetical Example
A 34-year-old office worker in Sydney was struck by a shared e-scooter while crossing a footpath near a train station. She sustained a back injury and was diagnosed with a spinal nerve-root injury. She attended a medical assessment under the CTP scheme. Her medical records, including MRI results and a physiotherapist’s report, were provided. The doctor confirmed the injury met the threshold for a permanent impairment, and she was granted treatment and care benefits and weekly income payments. She later pursued a damages claim, which was supported by her medical evidence and a review of the assessment report.
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