Motorcycle Council of NSW Recreational Trail Bike Riders Sub-Committee

Problems arise when somebody gets injured. It may cost a lot of money for their medical treatment and compensation for loss.

On Road

“Greenslip”, i.e. Compulsory Third Party (CTP) insurance protects the owner/rider against the cost of injuries to others caused by the motorcycle.

First Party = owner or rider
Second Party = insurance company
Third Party = injured person

Greenslip now also covers injuries to the at fault rider (the First Person), if they were injured on a public road.

If an accident occurs involving a vehicle without CTP insurance, the driver and/or owner may be financially liable for the cost of compensation paid to the injured person.

While the Nominal Defendant may initially pay the compensation claim, the Nominal Defendant will then seek to recover these costs from the vehicle owner.

Sect 5.6 Motor Accident Injury Act 2017 Recovery of contribution to damages or statutory benefits from person actually at fault

A child cannot be sued for damages, but the owner of the motorcycle, or the adult person who purchased the motorcycle or is responsible for storing it can be sued for damages.

The costs can be frightening and more expensive than your house.

The fine for being Uninsured is the most expensive fine in the Trifecta.

Off Road

Liability for injury compensation is placed on the owner or keeper of the motorcycle.

For instance: a rider on a walking track collides with and injures a bush walker or bicycle rider; or a motorcycle spooks a horse and the rider gets thrown and injured; or a motorcycle rider being stupid collides with another rider.

At law, “a road” is a very broad definition.

Rule 12 Road Rules What is a road
Rule 13 Road Rules What is a road related area

e.g. what appears to be a track on private property may actually be “a road” at law.

Private Property

If you have invited people onto your property, it is unlikely that ordinary “home and contents” insurance will protect you financially if someone is injured by a motorcycle or ATV.

This is significant if there is some “hidden danger” on your place. You may know all about it, but a visitor may not. You may know how to avoid “a danger” and have the skills to do so, while a visitor may not.

As a property owner or lessee, it is worth checking out your insurance cover.

“it was the ultimate bad news waiting to happen”.