The 2017 reforms to NSW's motor accident compensation scheme now apply to electric bike accidents. Under the Motor Accident Injuries Act 2017 (MAIA), riders involved in accidents with electric bikes must understand how new rules affect their ability to claim treatment funding, compensation for injuries, and benefits for long-term impairments. This guide explains the key changes, including updated injury thresholds, time limits for benefits, and how to claim under the current scheme.
What changed in the 2017 reforms?
The 2017 reforms replaced the old Motor Accidents Compensation Act 1999 (MACA) with the MAIA, which now governs all motor vehicle accidents in NSW, including those involving electric bikes. Key changes include:
- Soft tissue injuries (such as whiplash or muscle strains) are now defined under MAIA s 1.6 as injuries requiring medical treatment, not just general 'soft tissue' claims.
- Threshold injuries under the MAIA include spinal nerve-root injuries with neurological signs, even if radiculopathy is not present. Radiculopathy requires specific clinical signs under the Motor Accident Guidelines.
- Weekly benefits and treatment funding generally stop after 52 weeks if only threshold injuries are involved (s 3.11 and s 3.28). This applies to injuries like soft tissue damage or minor spinal issues.
What can you claim after an electric bike accident?
Under the MAIA, you may be eligible for:
- Medical treatment funding for injuries requiring professional care, including physiotherapy or scans.
- Weekly income payments if your injury prevents you from working, subject to income thresholds.
- Compensation for permanent impairments if your injuries result in long-term disability, assessed using the whole person impairment (WPI) scale.
Practical steps after an accident
- Seek immediate medical attention to document injuries, as this is critical for claims.
- Preserve evidence like accident reports, photographs, and witness statements.
- Notify your insurer or the at-fault driver’s insurer within 52 weeks of the accident to avoid missing benefits.
- Review your claim with SIRA or a legal professional to ensure it meets the MAIA’s requirements.
When to seek legal advice
If your injuries involve complex issues like:
- Spinal nerve-root injuries requiring neurological testing.
- Long-term impairment that affects daily activities.
- Overlap with workers’ compensation claims.
Legal professionals can help assess whether your injuries meet the MAIA’s threshold for benefits or compensation. Always check the date of your accident, as reforms apply differently depending on when the incident occurred.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.