Most people assume Compulsory Third Party (CTP) insurance, also known as Green Slip insurance, only applies to car accidents on public roads. But under NSW motor accident law, you may still be covered even if your injury happened in a carpark, private complex, or driveway, as long as the area is legally defined as a “road-related area.”
In this article, we explain how that definition works, when CTP cover applies off the road, and why obtaining early legal advice can make all the difference to your CTP claim.
What is a “road-related area”?
The key concept comes from section 4 of the Road Transport Act 2013 (NSW), which defines a road-related area as any of the following:
- An area that divides a road (e.g. a median strip)
- A footpath or nature strip alongside a road
A public area open to vehicles, such as a carpark - Any space that connects a road with a place open to the public
This definition means that supermarket, shopping centre, hospital, university or strata carparks can all be classed as “road-related areas”, even though they are privately owned.
If a motor vehicle accident occurs in such a space and a person is injured, CTP insurance can still apply under the Motor Accident Injuries Act 2017 (NSW).
Common examples where CTP may still apply
CTP coverage may extend to off-road incidents such as:
- A pedestrian being struck by a reversing vehicle in a supermarket carpark
- A driver injured when another car collides while exiting a parking bay
- A cyclist or motorcyclist hit by a vehicle at a shopping complex driveway
- A passenger injured while entering or exiting a stationary car in a residential carpark
In all of these cases, the vehicle’s CTP insurer maybe liable for benefits including medical expenses, income support and, in more serious cases, lump-sum compensation for permanent impairment.
Establishing CTP coverage: the importance of evidence
To qualify, you must show that:
- The incident involved the use or operation of a motor vehicle; and
- It occurred on a road or road-related area; and
- You suffered an injury as a direct result of the motor vehicle’s operation.
Evidence is crucial. Accident scene photos, CCTV footage, witness details and medical records all help prove that the event occurred in a legally defined road-related area.
The State Insurance Regulatory Authority (SIRA) also provides guidance on motor accident claims in carparks and other private spaces.
Why legal advice matters
Determining whether a carpark or private complex qualifies as a “road-related area” often involves technical legal interpretation and dispute with insurers. In borderline cases, insurers may reject claims arguing the incident didn’t occur in a covered area or wasn’t caused by a “motor accident” under the Act.
An experienced CTP and personal injury lawyer can:
- Assess whether your accident qualifies under NSW legislation
- Gather the right evidence to establish that the site was a road-related area
- Lodge and manage your claim with the relevant insurer
- Pursue fair benefits for medical costs, lost income, and permanent impairment
If you’ve been injured in a carpark or private driveway, don’t assume you’re not covered. Early legal advice can ensure your claim is filed correctly and your entitlements fully protected.