Crashed riders miss out on compensation

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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.”

Compensation

Steve’s comments follow his recent call for riders to pay CTP only once for themselves, not for each motorcycle they own.

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Steve Pearce

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.”

4 Comments

  1. This happened to me, I was riding on the oxley highway and found at one corner my bike wouldn’t tip in so causing a single vehicle accident and the police charged me with neg driving. It was later found out that several riders had also gone down there at that spot over a few weeks because of a diesel spill from a truck with over full tanks coming down the mountain (I was heading down as well) which when told to the police with witness backup it was ignored and the charge stood!

  2. Does this law apply to the Australian Capital Territory?
    Can it be used in cases of minor injuries to assist in paying for tests, scans, doctors visits and perhaps physical rehabilitation?
    Finally, could it relate to emplyment income due to limitations and impact on work performance?
    Any advice would be greatly appreciated.
    Thank you.

  3. I have said numerous times that there should be a major CTP component attached to your license with a very minor portion attached to the vehicle.
    This would cover the times when a vehicle may have become uninsured without your knowledge and cover the times when they need to be driven unregistered (to get registered etc). People who own multiple vehicles would save a fortune especially on ones they rarely use. The cost of ctp should be flat not all over the place based on ridiculous theories about risk also.

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