E-scooter collisions and CTP compensation in NSW
E-scooter collisions in Greater Sydney are governed by the same core rules as other motor vehicle accidents under the Motor Accident Injuries Act 2017 (MAIA). The State Insurance Regulatory Authority (SIRA) administers the Compulsory Third Party (CTP) insurance scheme across NSW, including claims arising from e-scooter incidents. Whether the e-scooter is privately owned or part of a shared fleet, if it was in use on a road or road-related area and caused injury, it may form the basis of a CTP claim. SIRA confirms that e-scooters are treated as motor vehicles under the law when used on public roads, footpaths adjacent to roads, or in car parks open to public access. This means that if a person is injured in a collision involving an e-scooter, they may be eligible to claim compensation through the CTP scheme, provided the accident occurred on or near a road and met the legal definition of a motor accident.
What claims are available under SIRA’s rules
Under the CTP scheme, injured persons may claim for treatment and care benefits, weekly income payments, and, in some cases, damages for pain and suffering. These benefits are available regardless of fault, but the type and duration of compensation depend on the nature and severity of the injury. For e-scooter collisions, SIRA’s guidelines state that treatment and care benefits cover reasonable and necessary medical and allied health services, including physiotherapy, psychological support, and rehabilitation. Weekly income payments are available if the injury prevents the person from working, and the amount is based on pre-accident earnings.
If the injury meets the threshold for damages under the MAIA, the claimant may seek compensation for non-economic loss (pain and suffering) and, in some cases, economic loss (such as future loss of earnings). The threshold for damages is not met by minor injuries alone. The Motor Accident Injuries Regulation 2017 sets out that a claim for damages may only be made if the injury is a threshold injury, which includes certain soft tissue injuries, or if the injury results in a whole person impairment of 10% or more. SIRA’s Motor Accident Guidelines clarify that a spinal nerve-root injury that causes neurological signs other than radiculopathy may still qualify as a threshold injury, even if radiculopathy is not present. This is particularly relevant in e-scooter collisions, where neck or back injuries are common.
Practical steps and evidence to support a claim
To support a claim, it is essential to act promptly and preserve evidence. The first step is to seek medical attention immediately after the collision, even if injuries are not immediately apparent. Medical records, including initial assessments, imaging reports (such as MRI or CT scans), and ongoing treatment notes, are critical to establishing the nature and extent of the injury. Photographs of the e-scooter, the scene of the collision, and any visible damage to property or clothing may also help substantiate the incident.
It is important to report the accident to the police if possible, particularly if there was a collision with another vehicle, pedestrian, or cyclist. A police report, even if not filed at the scene, can be a valuable record. Witnesses, if present, should be asked to provide contact details and a written statement. For shared e-scooters, the operator’s app may contain location and timing data, which can be used to confirm the time and place of the incident. SIRA advises that claimants keep copies of all correspondence with insurers, medical providers, and e-scooter operators.
Time limits and dispute resolution
Time limits apply to CTP claims in NSW. A claim for treatment and care benefits must generally be made within 12 months of the accident. A claim for weekly income payments must be made within 12 months of the date the person became unable to work due to the injury. For damages, a claim must be made within 3 years of the accident, unless a claim for damages is made under a different legal basis (such as a common law claim for negligence).
If a claim is denied or a dispute arises over the amount of compensation, SIRA provides a formal dispute resolution process. The claimant may request a review by SIRA, or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. SIRA’s guidelines state that disputes over medical assessments, impairment ratings, or the classification of injuries as threshold injuries are common in e-scooter claims. In such cases, an independent medical assessment may be required to resolve the dispute.
Hypothetical example
A 32-year-old cyclist in Sydney’s inner west was struck by a shared e-scooter while riding on a bike path adjacent to a major road. The e-scooter was travelling at high speed and did not stop after impact. The cyclist sustained a neck injury and was diagnosed with a cervical spine nerve-root injury causing numbness in the left arm. Medical records confirmed the injury was not due to pre-existing conditions. The cyclist reported the incident to SIRA within 10 weeks and submitted a claim for treatment and care benefits, weekly income payments, and damages. The claim was assessed under the MAIA, and because the injury met the threshold for damages, the claim was allowed. The cyclist received compensation for medical expenses, lost income, and pain and suffering.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.