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Bicycle Accidents

In NSW, you can make a claim under the Motor Accidents Injuries Act 2017 if you have sustained an injury as a result of the use of a motor vehicle. This means that cyclists and pedestrians can claim compensation for injuries sustained by a motor vehicle. To receive the first 6 months of compensation it doesn’t matter who was at fault.

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Fault based claim for cycling accidents

No fault-based claim for cycling accidents

If you have an injury that was caused by the use or operation of a 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.

The new Act is a no-fault and fault-based scheme.

Compensation is payable for 6 months including loss of income and medical expenses no matter who was at fault, as long as you were injured in a car accident.

As a cyclist usually, you can also prove that the driver of the car was “at-fault” as the police documents and other records or witness statements confirm the driver to be at fault.

If this is the case, a cyclist can receive weekly payments beyond 6 months, if they also have a non-minor injury. See Minor injury blog .

This will also allow a make a claim for Common Law Damages.

Sometimes however, with pedestrian and cycling accidents proving who was at fault isn’t always easy. Often after a car accident a pedestrian might not be able to remember what happened, it may be a hit and run or there is conflicting evidence from witnesses.

Blameless 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 blameless accident.

A “blameless 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 blameless 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 who 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 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 between 20 months and 24 months after an injury. You will need the assistance of a lawyer to make such a claim.

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. Complete our FREE case assessment form HERE
    2. Email us at info@garlingandco.com.au
    3. Give us a call on (02) 8518 1120

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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Frequently Asked Questions

1. What you need to do after having a bicycle accident?

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.

2. How to make a claim?

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.
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