Vehicle use and accident causation
Can I claim if I was injured entering or getting out of a vehicle?
Possibly - the exact mechanism determines whether the CTP scheme applies
An injury while entering or exiting a vehicle can fall within the NSW CTP scheme, but being beside or touching a vehicle is not enough by itself. The injury must result from a motor accident within the Motor Accident Injuries Act 2017. Evidence may need to show a relevant connection with driving, a collision or action taken to avoid one, the vehicle running out of control, or a dangerous situation caused by driving. A simple trip unrelated to the vehicle’s use may belong outside CTP.
Examples can include a bus moving before a passenger is safely aboard, a vehicle rolling while someone gets out, a door being opened into a cyclist, or a person falling because another vehicle creates an evasive situation. By contrast, a person who trips over an unrelated pavement defect after parking may have a different legal issue.
These cases are highly fact-specific. The exact position, vehicle movement, driver action, door operation, surface condition and timing should be recorded before CCTV is lost or the scene changes.
Reviewed by Herman Chan, Stephen Young Lawyers
What connection with the vehicle is required?
The Act applies where death or injury results from a motor accident and is caused during specified uses or operations of the vehicle, including driving, collision or avoidance, running out of control, or a dangerous situation caused through driving. The legal test is more precise than asking whether a car was nearby.
Describe what the driver and vehicle did immediately before the injury. Was the engine running? Did the vehicle move, roll or brake? Did a door, step, handrail or loading mechanism operate? Did another vehicle create the need to move? A reliable sequence is more useful than a conclusion that the incident was “car related”.
Which entry and exit scenarios commonly require assessment?
Passenger and bus claims may involve premature movement, abrupt braking, a closing door, step height or an unsafe stopping position. Driver and passenger incidents can involve a rolling vehicle, unstable parking position, another vehicle passing too close, or a fall while avoiding traffic. Each scenario requires evidence about causation and any alleged fault.
A defective step, slippery private surface or occupier-maintenance issue may create a public liability or product issue rather than, or in addition to, CTP. Do not assume one scheme excludes another without checking the vehicle movement, insurance and location facts.
What if the incident is accepted as a motor accident?
The claimant can lodge the approved personal injury benefits form with the relevant CTP insurer. The insurer then considers the accident, injury, causation and statutory benefit issues. Treatment and care may be available where reasonable, necessary and related; weekly payments require separate earner and incapacity evidence.
Common law damages are separate and generally require fault and other eligibility requirements. Acceptance of treatment expenses does not prove a damages claim, and the fact that the incident involved a vehicle does not by itself prove that a driver breached a duty.
Practical next steps
What should I do after an entry or exit injury?
Preserve the mechanism and location evidence before focusing on legal labels.
Record the sequence
Write what the vehicle, driver, door and your body were doing immediately before the injury, including whether the vehicle moved.
Photograph the exact location
Capture the door, step, kerb, road position, surface, lighting and sight lines without placing yourself in danger.
Identify witnesses and CCTV
Ask the operator, business or property manager to preserve footage promptly and keep route, booking or journey records.
Obtain medical care
Give the treating practitioner a precise mechanism and ensure the first records identify the fall, twist, impact or movement.
Identify the correct claim route
Check the CTP insurer and obtain advice if the mechanism may also involve public liability, workers compensation or another scheme.
Evidence
Evidence checklist for entering or exiting a vehicle
The evidence should prove the exact vehicle action and its connection to the injury.
- Vehicle registration, driver, operator, route or booking information.
- CCTV, dashcam, onboard video or telematics showing movement and timing.
- Witness names and accounts of the door, vehicle or traffic movement.
- Photographs and measurements of steps, doors, kerbs, surfaces and stopping position.
- Police, incident, transport-operator or workplace reports.
- Early medical notes describing the precise mechanism and body movement.
- Maintenance or defect records where a step, door or vehicle component is alleged.
- The insurer decision identifying which part of the statutory motor-accident test is disputed.
Common mistakes
- Do not assume every fall beside a parked vehicle is a CTP motor accident.
- Do not describe a moving vehicle as stationary, or vice versa; that fact can be central to the statutory test.
- A defect allegation requires evidence and may involve a different defendant or insurance pathway.
- Do not wait to request CCTV because routine deletion can occur quickly.
- Treatment acceptance does not automatically establish driver fault or common law damages eligibility.
Timing
Time and evidence urgency
Ordinary claim limits apply, while video and operator records may disappear much sooner.
- The general statutory personal injury benefits claim period is three months after the motor accident.
- Lodgement within 28 days matters where weekly payments are sought from the day after the accident; later lodgement requires an explanation and may affect backdating.
- Police reporting is generally required within 28 days unless police attended, but check whether the incident is reportable on its facts.
- Request CCTV and incident records immediately. Their retention period may be shorter than any statutory claim period.
Frequently asked questions
- What if the car was stationary?
- A stationary vehicle does not automatically exclude or establish a CTP claim. The statutory causal connection and exact mechanism still require assessment.
- Can I claim after falling from a bus step?
- Potentially. Evidence should address bus movement, door operation, stopping position, step condition, driver conduct and the precise cause of the fall.
- What if I tripped on a pothole after getting out?
- That may raise a road-defect or public liability issue rather than, or alongside, CTP. The timing and causal connection with vehicle use need individual assessment.
- Does opening a car door into a cyclist count?
- A dooring injury can fall within the motor accident scheme depending on the facts. Preserve vehicle details, road position, photographs and witness evidence.
- Can a passenger claim against their own driver?
- A passenger may lodge a claim where the driver of that vehicle may be at fault. Damages still depend on the separate legal requirements and evidence.
- Which insurer receives the claim?
- It depends on the vehicle alleged to have caused the motor accident. Use registration information through SIRA CTP Connect or obtain advice where multiple vehicles or an unidentified vehicle are involved.
Related NSW CTP guides
Official sources
- Motor Accident Injuries Act 2017 (NSW), current in-force version
- SIRA guide for people injured in motor accidents in NSW
- SIRA CTP Connect: identify the relevant NSW CTP insurer
- Service NSW: apply for personal injury benefits after a motor vehicle accident
The legislation and SIRA material linked above are the public-source basis for this page. Medical and legal conclusions depend on the accident date, the current law, the insurer decision and the evidence in the individual claim.
Identify the correct claim pathway
Was your injury caused while entering or leaving a vehicle?
Send the incident report, vehicle details and a short sequence of what happened. We can assess the CTP connection and whether another claim pathway also requires attention.
General information only: This page is about the NSW motor accidents scheme and is not legal or medical advice. It does not promise claim acceptance, treatment approval, weekly payments or damages. Urgent symptoms require prompt advice from an appropriate health practitioner.