Because of their vulnerability, bikers are involved in a high number of motor vehicle accidents on our roadways; according to the AIHW, more than 10,000 pedal cyclists get injured every year. A cyclist is more likely to be injured as a result of a road accident caused by a motor vehicle, given they have less protection against other vehicles. Nevertheless, cyclists, have the same right to compensation as any other driver if the accident was caused by a motor vehicle. If you have been injured as a consequence of a motor vehicle in NSW, you can make a claim under the Motor Accidents Injuries Act 2017.
What are the most common cycling compensation claims?
Cyclists are becoming a more common use of public roadways, particularly in larger cities and CBDs. Unfortunately, because of the prevailing attitude of motorists who share the road with bicycles, accidents involving cyclists are among the most common and frequently serious forms of claims.
Accidents on bicycles can happen in several ways, the most common being;
- The sudden opening of the vehicle doors (car-dooring)
- Vehicles that fail to yield to bicycles or cut them off
- Vehicles that operate in a bicycle lane
- Vehicles that abruptly exit driveways
What am I entitled to?
If you were injured in a cycling accident, you may be entitled to claim:
- Medical expenses
- Income support payments
- Lump sum to take into account your future loss of income – if your injury is non-minor and you are mostly not at fault
- Lump sum payment for your pain and suffering – if your injuries meet the 11% permanent impairment threshold and you are mostly not at fault
Our lawyer will be able to give you a clear estimate of what you can claim once they understand the specifics of your case. Every case is unique, and you may be able to claim items that are specific to your circumstance. Typically, compensation is agreed or determined depending on your life situation before and after the cycling injury.
Knocked off my bike by a car and got injured, how do I claim compensation?
If the injury occurred due to a motor vehicle, you can make a claim for your injuries regardless of the degree of injury as follows:
- Report the accident to police within 28 days and note the event number
- Obtain the Certificate of Capacity from your GP and complete a Personal Injury Benefits form (PIBF)
- Send the completed PIBF to the motor vehicle’s greenslip insurer within 28 days if you are claiming statutory benefits for loss of wages otherwise the time limit is 3 months. If you do now lodge the PIBF within 28 days however you will not receive wages for loss of income lost prior to the date you lodged the PIBF.
- Obtain legal advice from experienced motor vehicle accident lawyers to know whether you are eligible to claim lump sum payment which is applicable in addition to the statutory benefits; the time limit is 3 years.
You might want to reach our motor vehicle accident lawyers to assist you from the date of your accident. In that case, we will explain what you are entitled to, how to claim them and inform you about the time limits that you need to consider.
Yes, a cyclist can claim motor vehicle accident compensation if they are injured by a motorist in a road accident.
Yes, a cyclist can claim compensation if they suffered an injury due to a car accident.
No Win No Fee cycling injury claim lawyers
If you have suffered a cycling injury, reach our friendly motor accident injury lawyers to know your entitlements for a free claim assessment. Our team at Withstand Lawyers can assist you on a No Win No Fee basis, reach on 1800 952 898 or fill in the form below.