What can I claim Motorcycle Accident Compensation for?

Once you have made a claim for compensation through SIRA, you are entitled to the following compensation.

For the first 6 months

For the first 6 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 preinjury average weekly earnings, and thereafter up to 80% of your pre injury earnings.

After 6 months

To obtain ongoing weekly payments of compensation and medical expenses after 6 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 minor injuries.

If you satisfy both categories, then you are entitled to ongoing payments of weekly compensation and medical expenses and you are 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 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 and you are entitled to make a claim for common law damages, this usually occurs at 20 months following the injury. You cannot make a claim for common law damages before 20 months after the accident (unless you have a greater than 10% whole person impairment).

Most claims for damages are commenced and finalised between 2 years and 3 years following the motor vehicle accident.

Are there any time limits when making a motorcycle injury claim?

Yes, there are several time limits to make a motor cycling injury claim in NSW.

First, you must make an application for person injury benefits withing 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 damages at 20 months post-accident. You do have up until 3 years post-accident to make a claim for damages, but it is important that any claim is made sooner rather than later.

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.