What to do if you are injured in a motorcycle accident

It is not something that anyone of us thinks will happen but people are injured everyday in motorcycle accidents due to the fault of another driver.

This information is for accidents BEFORE 1 December 2017. For accidents AFTER 1 December 2017 the law has changed please CLICK HERE

It can turn your life upside down. If you can’t work due to an injury this can be a scary time.

How will you pay the bills? How do you make sure the money still comes in to help with paying for the mortgage, electricity, food and the like.

We can help you make sure you can pay your bills after an injury.

If you or any of your loved ones have sustained an injury in a motorcycle accident due to the fault of another driver then you are able to claim compensation for pain and suffering, the cost of medical treatment and loss of income.

If you do have an accident you need to do the following:

  1. Obtain the contact details of the driver of the vehicle you consider at fault.
  2. Obtain the registration number plate of the vehicle you consider at fault.
  3. Record the contact details of any witnesses to the accident.
  4. Take photographs of the accident scene including the car you consider at fault as well as any damage to your car (if you are able).
  5. Report the accident to the police within 28 days (if the police do not turn up to the scene of the accident).
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. The Personal Injury Claim Form must be completed within 6 months from the date of the accident. If not your claim is likely to be rejected by the CTP insurer, you should contact a lawyer if this applies to you.

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 you don’t know who was at fault or can’t prove the other driver was at fault, you may still be able to make a claim under the “Blameless Motor Vehicle Accident” provisions of the Act. This allows cyclists and pedestrians in particular to claim compensation even when the driver of the motor vehicle was not at fault. You should contact us to discuss your circumstances.

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. This will not costs 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…

  1. Do not give a statement to an investigator appointed by the CTP insurer without speaking to a lawyer first.
  2. 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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