Who will pay my cycling injury compensation?

Who will pay my cycling injury compensation if I take legal action?

If you have been hit by a car whilst cycling, then you can make a claim through the NSW CTP Legislation. In NSW it is compulsory for all vehicles to have CTP insurance, that is insurance that covers the driver for injuries sustained to another person including, a cyclist. To make a claim for compensation if you have been injured by a motor vehicle whilst cycling you need to complete an application for personal injury benefits through the SIRA website.

www.sira.nsw.gov.au

An application for personal injury benefits must be made within 28 days of the date of the accident. You also need to report the accident to the Police and obtain an event number.

You need to obtain a medical certificate from your general practitioner in relation to the nature of the injuries you have received and any loss of income.

Once you have completed a claim form online then you are entitled to payment of loss of income and payment of medical expenses.

All compensation is payable by the CTP insurer. To obtain loss of income and medical expenses for up to 6 months you do not need to prove the other driver was at fault, only that you have sustained injury in a car accident.

What can I claim cycling 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 there after up to 80% of your preinjury 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 then 10% whole person impairment).

2.     Damages for loss of income, including loss of superannuation for the future.

How long will a cycling 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 stabilized 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 then 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 cycling injury claim?

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

The first-time limit is that 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 then later.

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.