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Bicycle Injury Lawyers & Cycling Accident Claims

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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No Fault and Fault based Claims For Cycling Accidents

Updated August 2021


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 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 between 20 months and 24 months 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 sustained to another person including, a cyclist. 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 then you are entitled to payment of loss of income and payment of medical expenses.

All compensation is payable by the CTP insurer. To obtain loss of income and medical expenses for up to 6 months you do not need to prove the other driver was at fault, only that you have sustained an 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 6 months

For the first 6 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 preinjury average weekly earnings, and thereafter up to 80% of your pre-injury earnings.

After 6 months

To obtain ongoing weekly payments of compensation and medical expenses after 6 months, the insurer must make a decision accepting the following.

  1. That you were not at fault or mostly 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 entitled to make a claim for 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 then 10% whole person impairment).
  2. Damages for loss of income, including loss of superannuation for the 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 stabilized and you are entitled to make a claim for common law damages, this usually occurs at 20 months following the injury. You cannot make a claim for common law damages before 20 months after the accident (unless you have a greater than 10% whole person impairment).

Most claims for damages are commenced and finalised between 2 years and 3 years following the motor vehicle accident.

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 at 20 months post-accident. You do have up until 3 years post-accident to make a claim for damages, but it is important that any claim is made sooner rather than later.

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) 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.
More Faqs
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