Common Mistakes in Rideshare Uber CTP Claims
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in a rideshare Uber accident in NSW, avoiding these common mistakes can protect your right to claim compensation. The NSW Compulsory Third Party (CTP) scheme covers injuries from motor vehicle accidents, but rideshare drivers and passengers often face unique challenges. Failing to act quickly, mismanaging evidence, or misunderstanding liability can reduce or deny your claim.
Key Mistakes to Avoid
- Delaying Medical Attention: Failing to seek immediate medical care can weaken your claim. Injuries from car accidents may not be immediately apparent, and delayed treatment can lead to disputes over the cause of your injuries. SIRA guidelines emphasize that medical records must clearly link your injuries to the accident.
- Not Documenting the Accident: Rideshare accidents require detailed records. Avoid these errors:
- Failing to note the Uber driver’s name, license plate, and vehicle details
- Not photographing the scene, damaged vehicles, or visible injuries
- Not collecting witness statements or contact information
- Ignoring SIRA’s Evidence Rules: SIRA requires claims to be supported by objective evidence. For example, if you’re claiming soft tissue injuries, you must provide medical documentation showing neurological signs as defined in the Motor Accident Guidelines. Rideshare accidents may involve complex liability issues, so evidence must clearly show the accident caused your injuries.
- Misunderstanding Liability: Uber drivers are covered under the same CTP scheme as other motorists, but their employment status may affect other claims. SIRA does not consider the driver’s employment relationship when determining CTP entitlements. However, disputes over liability (e.g., whether the Uber driver was at fault) must be resolved through the NSW Civil and Administrative Tribunal (NCAT) or court.
Regional Considerations for Illawarra and South Coast
While SIRA applies statewide, claimants in regional areas like Illawarra and South Coast may face delays in processing claims or limited access to legal resources. Ensure you:
- Submit claims promptly, as time limits apply
- Contact local SIRA offices or legal advisors familiar with regional practices
- Understand that regional claimants may need to travel to Sydney for certain legal steps
When to Seek Legal Advice
If your claim is denied, or if you’re unsure about your rights, consult a solicitor. SIRA provides a free legal aid portal for eligible applicants, and some local law firms offer no-cost initial consultations. Avoid making statements to insurers without legal guidance, as this could harm your case.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted. If your claim is disputed, you may need to apply to NCAT for a review. SIRA’s dispute resolution process requires you to submit a written objection within 28 days of receiving a decision.
Final Steps
To protect your claim, act quickly, document everything, and seek advice if you’re unsure about your options. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.