Your Rights After a Rideshare Accident 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 rideshare accident in New South Wales, you may be entitled to compensation under the state’s Compulsory Third Party (CTP) insurance scheme. This includes accidents involving Uber, Ola, or other rideshare services. Your right to claim does not depend on who was at fault, but it does depend on the nature of your injury and the circumstances of the accident. The Motor Accident Injuries Act 2017 governs these claims, and your entitlements are determined by whether your injury is classified as a threshold injury or a non-threshold injury.
What Compensation Is Available After a Rideshare Injury?
Under NSW law, you may be eligible for several types of benefits following a rideshare accident. These include:
- Treatment and care benefits to cover medical and allied health expenses
- Weekly income payments if you are unable to work due to your injury
- Damages for pain and suffering, loss of enjoyment of life, and future care needs, but only if your injury meets the threshold for a common law claim
The type of compensation you can claim depends on your injury classification. If your injury is a threshold injury, you may only receive treatment and care benefits and weekly income payments, and these are generally limited after 52 weeks if your only injuries are threshold injuries. If your injury is not a threshold injury, you may be able to claim damages, which can include a lump sum for pain and suffering and future care costs.
How to Prove Your Injury for a CTP Claim
To establish a valid CTP claim after a rideshare accident, you must provide clear and consistent evidence of your injury. This includes:
- Medical records from your treating practitioner, including diagnosis, treatment plan, and progress notes
- A report from your medical practitioner confirming the nature and extent of your injury
- Evidence of how the accident caused or worsened your injury, such as a statement from your doctor linking the injury to the accident
- Photographs of any visible injuries, vehicle damage, or the accident scene
- Details of any witnesses to the accident, including their contact information
- A copy of the rideshare trip record, including the driver’s details, route, and time of the incident
The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines set out the criteria for determining whether an injury qualifies as a threshold injury. For example, a spinal nerve-root injury that causes neurological signs such as muscle weakness, altered reflexes, or sensory changes may qualify, even if it does not involve radiculopathy. However, radiculopathy requires specific clinical signs as defined in the Guidelines.
Practical Steps to Take After a Rideshare Accident
Immediately after a rideshare accident, you should:
- Seek medical attention, even if you feel only minor discomfort. Some injuries, such as whiplash or internal trauma, may not be immediately apparent.
- Report the accident to the rideshare company and request a copy of the trip details and any internal incident report.
- Contact the CTP insurer of the vehicle involved. You can find this through the SIRA website or by asking the driver.
- Preserve all evidence, including photos of the vehicle, your injuries, and the scene, and keep all medical and financial records related to your recovery.
- Notify the insurer of your claim as soon as possible. While there is no fixed deadline for notifying an insurer, delays may affect the assessment of your claim.
Time Limits and Dispute Options
There is no strict time limit for making a CTP claim in NSW, but it is important to act promptly to preserve evidence and ensure your claim is assessed while details are still fresh. If your claim is denied or you disagree with the insurer’s assessment, you may request a review. If the review is unsuccessful, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision on the claim.
If you believe your injury meets the threshold for a common law damages claim, you must apply to the SIRA for a determination of your whole person impairment (WPI) rating. This rating is used to assess your entitlement to damages. The process can take several months, and you may need to undergo a medical assessment by an independent doctor.
Hypothetical Example: A Rideshare Passenger’s Claim
A 38-year-old woman was a passenger in an Uber in Sydney when the driver collided with a stationary vehicle at a traffic light. She sustained a neck injury and was diagnosed with a cervical spine nerve-root injury that caused numbness in her left arm and reduced grip strength. Her treating doctor confirmed the injury was caused by the accident and that it met the criteria for a threshold injury under the Motor Accident Guidelines. She received treatment and care benefits and weekly income payments for 52 weeks. After this period, her insurer continued to provide benefits because her injury was not resolved, but she was not entitled to damages because her only injuries were threshold injuries.
Next Steps: Seek Guidance on Your Claim
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.