Bicycle and Cycling Accident Lawyers in Sydney & NSW

Seek immediate medical assistance from your local general practitioner or, if necessary, the emergency department of the nearest hospital.Report the accident to the police within 28 days and obtain an event number.

If you can, obtain the following information:

• The name, address, licence details, and phone number of any driver of the vehicle involved in the accident.
• The make, model, and number plate of any cars involved in the accident.
• Contact details of any witnesses.
• If possible, take photographs of the accident scene, including the location and any damage to any vehicles.

There are two types of claims which you can make for injuries sustained in a bicycle collision with a car. In both cases, the injury must due to the use and driving of a motor vehicle.

• A claim for personal injury benefits and possibly;
• A common law claim for damages.

Yes, the new Motor Accident Legislation for injuries received on or after 1 December 2017 now provides very strict time limits in which to make a claim.

These include the following: –

The motor vehicle accident must be reported to the police within 28 days of the accident.

• An Application for Personal Injury Benefits should be completed within 28 days of the accident but can be completed up to three months after the accident.
• If the insurer makes a decision that affects your ongoing entitlements to statutory benefits, this decision must be internally reviewed within 28 days.
• If you disagree with the insurer’s internal review, you can apply for a Merit Review to SIRA, which must be done within 28 days of receiving the internal review.
• A claim to determine the level of whole person impairment (WPI) should be made within two years from the date of the motor vehicle accident. If your WPI has not been assessed or is less than 10%, then weekly benefits cease two years after the motor vehicle accident.
• A claim for common law damages should be made within three years from the date of the motor vehicle accident. This will allow you to continue to receive weekly payments for up to three years (if your whole person impairment is 10% or less) or for up to a maximum of 5 years (if your whole person impairment is 11% or more).
• A claim to determine your common law damages must be made in PIC within three years from the date of the motor vehicle accident.

These time limits are very strict with limited rights of appeal. The time limits must be strictly complied with otherwise, there may be difficulty making a claim at a later time.