Who will pay my cycling injury compensation?
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, this insurance covers the driver for liability to pay compensation to anyone injured by a motor vehicle, this includes a cyclist.
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 who is ordered to pay compensation for injuries sustained by another person. This would include a cyclist hit by another car. 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.
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, also within 28 days, 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, what treatment is required, and if you need time off work due to your injuries.
Once you have completed a claim form online you are entitled to payment of loss of income and payment of reasonable medical expenses.
All compensation is payable by the CTP insurer. Loss of income and medical expenses are paid for up to 12 months regardless of who was at fault, you only need to show that the injuries were 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 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 6 months, the insurer must accept the following.
1. That you were not wholly or predominantly 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 also entitled to make a claim for Common Law Damages. This is a second type of claim under the legislation.
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 both past and 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 stabilised, you can make a Common Law Claim for Damages if;
1. You were not wholly or predominantly at fault.
2. Your injuries are not assessed as being minor injuries.
The time to consider a common law claim is usually 12 months following the injury.
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 personal 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 damages within 3 years from the date of the accident but it is best to make a common law claim between 1 year and 2 years following the injury.
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.