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Motorcycle Accident Lawyer

Unfortunately, riding a motorcycle can be dangerous as drivers of cars don’t seem to pay as much care as they should on the road. When you drive a car, you have a deadly weapon in your hands and hitting a motorbike rider or cyclist can cause serious injuries.

 

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Updated August 2021


If you are injured in a motorcycle accident, it can turn your life upside down. If you can’t work due to an injury this can be a scary time. How will you pay the bills? How do you make sure the money still comes in to help with paying for the mortgage, electricity and food for the family?

We can help you make sure you can pay your bills after an injury.

If you or any of your loved ones have sustained an injury in a motorbike accident due to the driving of a motor vehicle you can make a claim for the cost of medical treatment and loss of income.

You may also be eligible to make a Common Law Claim for pain and suffering and future loss of income including loss of superannuation.

What you need to do if you’re injured in a motorbike accident

  1. Obtain the contact details of the driver of the vehicle you consider at fault.
  2. Obtain the registration number plate of the vehicle you consider at fault.
  3. Record the contact details of any witnesses to the accident.
  4. Take photographs of the accident scene including the car you consider at fault as well as any damage to your bike (if you are able).
  5. Report the accident to the police within 28 days on 131 444 and obtain an event number (if the police do not turn up to the scene of the accident).
  6. See your doctor immediately and make sure the doctor records in his or her notes how the injury occurred and what injuries you have sustained because of the accident.
  7. Complete an Application for Personal Injury Benefits within 28 days of the date of the accident. You can find the form HERE
  8. Details of how to find out the name of the CTP insurer can be obtained from the Motor Accidents Authority of NSW on 1300 656 919.

Find out more information on Motorcycle Accident Claims in our Guide for people Injured in a motor accident.

You should contact a Lawyer who is an Accredited Specialist in Personal Injury Law about recovering compensation for pain and suffering, the cost of future medical treatment and future loss of income. This will not cost you any money and you may be entitled to thousands of dollars in compensation under the Act.

There are also 2 things you should NOT do after you make a claim:

  1. DO NOT give a statement to an investigator appointed by the CTP insurer without speaking to a lawyer first.
  2. DO NOT settle your claim with the CTP insurer without consulting a lawyer as you will receive a lot less compensation than you are probably entitled to under the Act.

What can I claim Motor Cycle 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 pre-injury 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 than 10% whole person impairment).
  2. Damages for loss of income, including loss of superannuation for the future.

How Long Will a Motorcycle Accident 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 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 Motorcycle Accident Claim?

Yes, there are several time limits to make a motorcycling injury claim in NSW.

First, 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 NSW 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.

You can receive a no-obligation, FREE CASE ASSESSMENT here to see if you have a motorbike accident claim.

You can also get further information from our blog posts;

If you need assistance after your motorbike accident, please do not hesitate to contact us our lawyers 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 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
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