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Bicycle Injury Lawyers & Cycling Accident Claims

In NSW, if you have sustained an injury as a cyclist due to being hit by a car, you can claim compensation for any injuries sustained under the Motor Accidents Injuries Act 2017 NSW. This is known as a CTP Claim. Cyclists are covered for any compensation payable for injuries sustained by the CTP Insurance of the car that caused the accident.  You are entitled to up to  12 months of compensation for medical expenses, care, and loss of income no matter who was responsible for the accident. To receive compensation beyond 12 months and to make a Common Law claim for damages the driver of the vehicle must be at fault and you need to have an injury that satisfies the definition of a threshold injury (a non-minor injury).

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No Fault and Fault based Claims For Cycling Accidents

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

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 by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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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

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.
More Faqs
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