Bicycle Injury Lawyers & Cycling Accident Claims

Updated September 2023

If you have sustained an injury whilst riding your bike that was caused by the use or operation of  motor vehicle during:

• the driving of the vehicle, or
• a collision, or action taken to avoid a collision, with the vehicle, or
• the vehicle’s running out of control, or
• a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control

You have an entitlement to make a claim for compensation.

The new Act has both a no-fault and fault-based scheme to compensate people for injuries sustained when hit by a car whilst riding a bike.

In the no-fault based scheme, compensation is payable for 12 months including loss of income, medical expenses, and care. It does not matter who was at fault, as long as you were injured in a car accident.

As a cyclist, if you are hit by a car, most of the time you can also prove that the driver of the car caused the accident. This can be done through police documents and other records or witness statements confirming the driver to be at fault.

This is the fault-based scheme. A cyclist injured in a car accident can receive loss of income payments, medical expenses, and care for more than 12 months if they can prove the accident was not wholly or predominantly their fault and the injuries cyclist must also prove they also have a non-minor injury. See Minor injury blog .

If the accident was not your fault and you have a non-minor injury you can also make a claim for Common Law Damages.

No Fault Accidents

Luckily for cyclists, the law in NSW allows cyclists to make a claim even if they cannot prove the driver or owner of the car was at fault; this is known as a no fault accident.

A “no fault motor vehicle accident” is one not caused by the fault of the owner or driver or by the fault of any other person (this does not include the pedestrian or cyclist).

For example, we acted for a client who was severely injured in a hit-and-run car accident. There were no witnesses and our client could not recall what had occurred other than he was crossing a road. We could not prove the driver was at fault as we had no idea how the accident occurred. The client was successful however under the no fault accident provisions as no other person could possibly be responsible.

This provision allows almost all cyclists to make a claim for compensation in most circumstances even where the accident may partially be the fault of the cyclist.

How To Make A Claim For A Cyclist Accident

If you are a cyclist and you are injured by a car you need to:

• Obtain the contact details of the driver who injured you
• Obtain the registration number of the vehicle that injured you
• Record the contact details of any witnesses
• Take photographs of the accident scene, including:
  • The vehicle that injured you
  • Yourself, and any visible injuries
  • The damage to your possessions (E.g. bike, computer, helmet)
• Report the accident to the police (within 28 days) and obtain an event number
• See your doctor immediately for your injuries
  • You will need to make sure the doctor records that you have been involved in a car accident and takes a detailed recording of the injuries you have sustained
• Complete an Application for Personal Injury Benefits within 28 days. You can complete the form HERE
• You must make a Common Law Claim within 3 years after an injury. You will need the assistance of a lawyer to make such a claim

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 caused in a car accident. 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, you are entitled to payment of loss of income, payment of medical expenses and care, this is initially paid for up to 12 months.

All compensation is payable by the CTP insurer.

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, payments of medical expenses and care. 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 12 months, the insurer must make a decision to accept the following.

1. That you were not wholly or predominately 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 beyond 12 months and you are entitled to make a claim for Common Law 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 than 10% whole person impairment).
2. Damages for loss of income, including loss of superannuation.

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 and you are entitled to make a claim for common law damages, this usually occurs around one year following the accident.

Most claims for damages are commenced and finished within 2 years once commenced.

Are There Time Limits When It Comes To 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.

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.

For details on what compensation is payable in such a claim please see our blog HERE.

If you need further assistance as a result of your pedestrian or cyclist accident, please do not hesitate to contact us as follows;

1. 1. Complete our FREE case assessment form HERE
   2. Email us at info@garlingandco.com.au
   3. Give us a call on (02) 8329 9500