Riders injured in single-vehicle, no-fault crashes may be failing to make compensation claims for fear of facing negligent riding charges, Motorcycle Council of NSW Chairman Steve Pearce says.
NSW has moved to a no-fault system for CTP compensation which was expected to lead to an increase in compensation claims.
However, the State Insurance Regulatory Authority says payouts and claims are 40% lower than projected.
“We expected a lot more compensation claims to come through, but they haven’t,” Steve says.
“I’m not sure why, but I can guess that riders are opting not to claim.
“For example, if you were in a single-vehicle no-fault crash such as hitting a pothole, you would have to report that incident at a police station and make a report to make a claim.
“The concern is that the report could trigger a negligent driving charge which most riders would want to avoid.
“So they probable limp around and get their bike repaired and avoid having the police involved.
“The insurance companies would love that.”
Steve’s comments follow his recent call for riders to pay CTP only once for themselves, not for each motorcycle they own.
Brydens Lawyers Principal Lee Hagipantelis says the Motor Accident Injuries Act introduced by the NSW Liberal Government on 1 December 2017 is “a disgrace”.
He says injured motorists are denied proper compensation for their injuries.
The NSW Labor opposition has promised a review of the motor accident and workers compensation schemes.
Les says he has no doubt that a review would “disclose the inequity in the scheme”.
“When the scheme was introduced the Minister responsible, Mr Victor Dominello, asserted that 55 cents in every dollar of Greenslip premium paid would be returned to injured motorists,” Lee says.
“This is not happening.
“This scheme only serves the interests of the insurance companies in ensuring the continuation of their super profits subsidised by the pain and suffering of the injured motorist.”