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Who will pay my cycling injury compensation?

Updated on November 08, 2021 | Published on November 08, 2021

By Matthew Garling

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.

Find out if you have a claim in just 2-minutes

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.

Matthew Garling

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Erin & Tom L.
04:25 21 Sep 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
READ ALL TESTIMONIALS

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Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Erin & Tom L.
04:25 21 Sep 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
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