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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 through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
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