The NSW Government seems to be improving the infrastructure for bike riders slowly.
The one thing they have done is make it easier for anyone injured in a bicycle accident with a car to claim compensation for their injuries.
If you or any of your loved ones have sustained an injury whilst riding a bike due a collision with a car then you are able to claim compensation for pain and suffering, the cost of medical treatment and loss of income.
Usually you need to prove the driver of the car was at fault but with bike and pedestrian accidents the cyclist or pedestrian can claim no matter who was at fault.
If you do have an accident you need to do the following:
- Obtain the contact details of the driver of the vehicle you consider at fault.
- Obtain the registration number plate of the vehicle you consider at fault.
- Record the contact details of any witnesses to the accident.
- Take photographs of the accident scene including the car you consider at fault as well as any damage to your bike (if you are able).
- Report the accident to the police within 28 days (if the police do not turn up to the scene of the accident).
- See your doctor immediately and make sure the doctor records in his or her notes how the injury occurred and what injuries you have sustained as a result of the accident.
- Complete an Accident Notification Form within 28 days of the date of the accident and send it to the CTP insurer of the vehicle you consider at fault. This covers you for up to $5,000.00 worth of treatment and lost income. *The CTP insurer will pay medical expenses without deciding who was at fault.
- If you have not recovered completely from your injuries within three months from the date of the accident or are likely to incur more than $5,000.00 in treatment expenses or lost income then you need to complete a Motor Accident Personal Injury Claim form within six months from the date of the accident and send it to the CTP insurer.
- By completing a Personal injury claim form you may be entitled to compensation for pain and suffering, future medical treatment, future loss if income and care and assistance.
Details of how to find out the name of the CTP insurer can be obtained from the Motor Accidents Authority of NSW on 1300 656 919.
Even if the car was not at fault, you can still make a claim under the “Blameless Motor Vehicle Accident” provisions of the Act. This allows cyclists and pedestrians to claim compensation even when the driver of the motor vehicle was not at fault.
If you sustain any injury as a result of being hit by a car or forced off the road by a car you should complete at the very least an Accident Notification Form as you will receive up to $5,000 for medical expenses. This applies even if you cannot prove the accident was caused by the fault of the driver of the vehicle which hit you.
You should also contact a Lawyer who is an Accredited Specialist in Personal Injury Law about recovering compensation for pain and suffering, the cost of future medical treatment and future loss of income. An enquiry will not cost you any money and you may be entitled to thousands of dollars in compensation under the Act.
There are also 2 things you should NOT do after you make a claim…
- Do not give a statement to an investigator appointed by the CTP insurer without speaking to a lawyer first.
- Do not settle your claim with the CTP insurer without consulting a lawyer as you will receive a lot less compensation than you are probably entitled to under the Act.
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