New South Wales has heavily invested in active transport, funding infrastructure to make cycling safer for cyclists. Now that e-bikes are growing in popularity, there are new riders hitting the roads and cycle ways every day. With that rise in popularity, there is going to be an uptick in collisions between vehicles and e-bikes, and that raises serious questions about compensation, insurance, and liability. So, we’re going to clear things up by explaining what laws apply, who pays, and what you need to do if you’re in a collision. 

E-Bikes, Bicycles & NSW Law

Under NSW road rules, bicycles and legal e-bikes are classed as vehicles, which means riders are obligated to follow the rules of the road, including cyclists’ rules regarding give-way, bike lanes, and safe passing distances for motor vehicles. Modified e-bikes are illegal once they exceed the legal specifications. You must wear a helmet while you ride and follow the speed limits where you are riding, and failure to comply with those rules and regulations could put you in danger, physically and financially.

Who is Responsible For a Collision? 

If there’s a collision between an e-bike and a car, who is responsible? That depends. 

The NSW Motor Accident Injuries Act 2017 states that if the motor vehicle hits the cyclist, Compulsory Third Party (CTP) insurance covers compensation for any injuries. CTP insurance covers income loss and medical expenses, as well as rehabilitation costs for up to 12 months, regardless of fault.

If the cyclist is at fault, they can be held personally responsible financially because most cyclists don’t carry compulsory insurance. The only e-bike that would automatically carry CTP insurance is if it’s legally registered as a motor vehicle, which is not standard for the legal e-bikes we see on Sydney’s streets.

Ultimately, fault depends on the circumstances of the accident and legal advice at the earliest possible stage can help shape the outcome. 

Compensation Options 

Compulsory Third Party Compensation

You can claim weekly benefits for up to 12 months, and CTP also provides for medical costs and rehabilitation. For example, if you are riding your e-bike at a busy intersection and the car runs the light and hits you.

Common Law

You can claim common law damages for future loss of earnings, pain and suffering, and long-term care if you can prove driver negligence. 

Property Damage

CTP is your main route for personal injuries. If your e-bike is damaged, you can claim for this through the at-fault party’s insurance.

If both parties are found to be at fault, then compensation will be tweaked to reflect contributory negligence. 

What to Do in the Event of a Collision 

Emotions are heightened in events like this, especially when there are injuries, but there are a few practical things you can do to make the motor vehicle accident claim for motor vehicle accident compensation run smoothly.

  • Always stop and exchange names, contact details, and insurance information. 
  • Take photos of the scene, vehicular damage, and injuries.
  • Always report it to the police within the time limit, especially if there is significant damage or personal injuries.
  • Seek medical treatment immediately, and ensure you retain all the records that document your injuries from the crash. 
  • Report the accident to your insurer, whether it’s a CTP claim or car insurance. 
  • Seek legal advice as early as possible to ensure you avoid missed deadlines and protect your rights.

Busting Common Myths

Myth 1: E-bike riders are always at fault. 

Liability depends on the road rules and individual circumstances surrounding the accident.

Myth 2: CTP will cover everything.

CTP won’t cover property damage; it will only cover personal injuries.

Myth 3: I can’t claim if I was found to be partially at fault.

The amount of compensation may be reduced to reflect your part in the accident, but you can still file a claim.

Why You Should Choose AJB Stevens Motor Accident Lawyer Sydney

If you have recently been in a collision and want to learn more about motor vehicle accident claims, AJB Stevens has a long history of successfully representing clients injured in cycling, e-bike, and car collisions. We can help you navigate common law damages and CTP claims.

As reputable motor vehicle lawyers, we can help you navigate the evidence-gathering process and negotiate fair settlements as we help you through the complex liability and insurance issues. Our communication lines are always open, and we work hard to keep you well-informed throughout the entire process, from the initial free consultation to negotiations. 

As motor vehicle accident lawyers in Sydney, we are familiar with the Personal Injury Commission, CTP regulations, NSW road rules, and the court processes.

If you have been in an e-bike versus car collision, contact AJB Stevens on (02) 8268 0600 to schedule your free case review.