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Who will pay my cycling injury compensation?

Updated on September 22, 2023 | Published on September 06, 2023

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, this insurance covers the driver for liability to pay compensation to anyone injured by a motor vehicle, this includes 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 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.

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, 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.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
READ ALL TESTIMONIALS

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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