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Motorbike and Motorcycle Accident Compensation Claims Guide
To make an initial claim for compensation, you must do so within 28 days of the accident. The CTP insurer will then commence payments of weekly compensation and medical expenses almost immediately.
In this guide, we break down everything you need to know about making a Motorcycle compensation claim, explain the process, and answer frequently asked questions.
How long will a motorcycle accident injury claim take?
To make an initial claim for compensation, you must do so within 28 days of the accident. The CTP insurer will then commence payments of weekly compensation and medical expenses almost immediately.
Once your injuries have stabilised you are entitled to make a claim for common law damages. This usually occurs at 52 weeks following the injury. You cannot make a claim for common law damages at any time up to 3 years after , however it is best to make the common law claim around 1 year following an injury. You will need the assistance of a lawyer to make a common law claim for damages.
Most claims for damages are finalised between 2 years and 3 years following the motor vehicle accident.
How long after a motorcycle accident can you claim compensation?
There are several time limits that apply when making a motor cycling injury claim in NSW. First, you must make an application for person injury benefits within 28 days from the date of the accident. You must also notify the Police of the accident within 28 days. Failure to notify the Police of the accident could prevent you from making a claim.
You then must make a claim for common law within 3 years from the date of the accident. Usually, a common law claim is made at about 1 year after the accident. The NSW the Motor Accident Injuries Act NSW 2017 has strict time limits in which to commence claims and you should contact an Accredited Specialist in Personal Injury Law to ensure your claim is commenced within the required time limits.
What Motorcycle Accident Compensation am I entitled to?
Once you have made a claim for compensation through SIRA, you are entitled to the following compensation.
For the first 12 months
For the first 12 months you are entitled to claim loss of income and payments of medical expenses. For the first 13 weeks you are entitled to up to 95% of your pre-injury average weekly earnings, and thereafter up to 80% of your pre injury earnings.
After 12 months
To obtain ongoing weekly payments of compensation and medical expenses after 12 months, the insurer must make a decision accepting the following.
1. That you were not at fault or mostly at fault.
2. That your injuries are not assessed as being non threshold injuries.
If you satisfy both categories, then you are entitled to ongoing payments of weekly compensation for a further 3 to 5 years and medical expenses for life, you are also entitled to make a claim for damages.
A claim for damages entitles you to make a lump sum claim for compensation for:
1. Pain and suffering, loss of enjoyment of life (if you have a greater than 10% whole person impairment).
2. Damages for loss of income, including loss of superannuation for the future.
How much are most motorcycle accident settlements?
Disclaimer: The amount of a motorcycle accident settlement varies greatly depending on the specific circumstances of the accident, the extent of injuries, and other factors. This information is intended as general knowledge and does not constitute legal advice. It’s crucial to consult with a motorcycle accident lawyer for personalized guidance.
Motorcycle accident settlements can range significantly based on factors like injuries, lost wages, medical expenses, and pain and suffering. Minor accidents might result in a few thousand dollars, while severe injuries can lead to settlements in the hundreds of thousands or even millions.
What to do if there is a motorcycle accident?
If you’re involved in a motorcycle accident, follow these steps:
- Ensure Safety: Prioritise the safety of yourself and others involved. If necessary, call emergency services.
- Document the Scene: Take photos of the accident scene, including the road conditions, motorcycle damage, and any injuries.
- Exchange Information: Exchange contact and insurance details with the other parties involved.
- Seek Medical Attention: Even if you feel okay, it’s essential to get checked by a medical professional.
- Contact Your Insurance Company: Inform your insurance provider about the accident.
- Consider Legal Advice: Consult with a motorcycle accident lawyer to understand your rights and options.
Thank you for reading our article. We hope it helped your understanding of Motorcycle Compensation Claims. Should you have any further questions, please contact our office at (02) 8329 9500 or complete a free case assessment here.
