Bicycle Accident Compensation: Explained by a Bicycle Accident Lawyer
If you’ve experienced a bicycle accident and want to make a claim, our bicycle accident lawyers are here to explain your eligibility and make the process easier for you. Withstand Lawyers have been handling every type of motor vehicle claims for over a decade, and we know exactly what to do to get you the most bicycle accident compensation for your bicycle accident. We also don’t charge any upfront costs because we work on a No Win No Fee Basis. We only act on claims we are confident about winning which is what we hope you want.
Here, I am going to explain whether your accident is considered a motor accident, your eligibility for compensation and what you need to know about compensation when it comes to bicycle accidents.
In NSW, you may be entitled to wages, medical treatment, and care expenses, known as income support payments, as well as a lump sum payout to compensate you for your bicycle injury, so you can focus on what matters most; you and your recovery.
Let’s get straight into it!
Types of Bicycle Accidents You Can Claim For
Am I eligible to claim compensation for a cycling accident?
If your bicycle was involved in a motor vehicle accident, you may have grounds to make a cycling accident claim under the NSW Compulsory Third Party (CTP) scheme. The extent and duration of benefits, as well as the possibility of a payout claim, are determined by factors such as fault and the severity of your injuries, including any psychological harm.
If you were mostly or entirely at fault and suffered threshold injuries such as soft tissue injuries, whiplash, sadness and so on, your benefits may be limited.
However, if you were not mostly at fault and sustained more than threshold injuries, you have the right to claim common law damages. This includes claiming payout to account for your future loss of earning capacity.
In claims where your injuries, either physical or psychological, are assessed to be greater than 10% whole person impairment, your payout can also include compensation for pain and suffering.
To understand your entitlements and the claim process, it is advisable to consult with our experienced bike accident lawyer. They will listen to your circumstances, provide you with comprehensive information on your rights, eligibility and if eligible, guide you through the claims process, and offer representation on a No Win No Fee basis. Contact us today for a free consultation to discuss your case and explore your legal options.
Bicycle Accident Compensation You can Claim
- Income support benefits
- Medical, treatment and care benefits for reasonable medical, treatment and care expenses
- A payout to take into account your past and future loss of income, if your injuries are not threshold injuries
- A payout to take into account your pain and suffering if your injuries are assessed by an Independent Medical Examiner we organise on your behalf, and they assess your injuries to be greater than 10% whole person impairment.
Bicycle Accident Claim Examples
Here are a few stories from recent claims resolved for former clients who were also injured on their bicycle:
- Jane was riding her bicycle when a car failed to stop at an intersection and struck her. She suffered a broken arm and required medical treatment. With the help of our bicycle accident lawyer, Jane made a claim against the driver’s insurer. She received a compensation payout of 157,000 to compensate her for her lost income earning capacity.
- Sarah was cycling near parked cars when a driver suddenly reversed out of the car park colliding into Sarah. Sarah sustained a neck injury which was determined to be not threshold injuries as her neck was impinging on a nerve which was verifiable. Sarah was awarded a compensation payout of $600,000, to compensate her for past and future potential loss of income.
How do You Claim Compensation for Your Bicycle Accident Injury?
- Seek medical attention from your doctor. If you’re not transported to hospital at the scene of the accident but have aches, pains, or psychological symptoms, you should seek a medical assessment by your GP or a doctor. Ensure that you advise your doctor the circumstances of your accident including all your symptoms including radiating pain, discomfort, pain, and any psychological symptoms such as anxiety or shock pain. You may also require a medical certificate for time taken off work, because of your injuries. If you are intending on making a claim, ask your doctor to complete a Certificate of Capacity which is a form required to be completed partly by you and partly by your GP.
- Take down and keep details of the vehicle that caused the accident & any witnesses for your cycling accident claim. You will need their registration details to be able to lodge a claim however, it is best to obtain as much information as you can such as their name, CTP insurer and contact details. Sometimes, people don’t like to give much information, and that is ok, provided you have their registration number, you will be able to obtain their CTP insurer details online. If there are witnesses, obtain their contact details along with any photographs or camera footage of the accident or the scene.
- Report the accident to Police and obtain an event number within 28 days. You will need the registration number and details of the driver that caused the accident and any other parties involved in the accident (for example another vehicle or party).
- Submit an Application for Personal Injury Benefits within 28 days of the accident to claim, to ensure that you can claim your backdated lost wages. If you do not require backdated lost wages being backdated to the date of the accident, then ensure that you submit your claim within three (3) months from the date of the accident.
How Withstand Lawyers Can Help You with Your Bicycle Accident Claim
Here’s how we can assist you:
- Extensive Experience and Expertise: Withstand Lawyers brings a wealth of experience in handling bicycle accident claims, ensuring we guide you through the entire process with knowledge.
- Uncovering Hidden Entitlements: We delve deep into your claim to uncover any missed information that could significantly benefit your claim.
- Maximising Compensation: We carefully evaluate all aspects of your claim, negotiating with insurance companies for a fair settlement that reflects the true value of your losses.
- No Upfront Costs and Free Claim Check: We operate on a no win no fee basis, meaning you only pay if we win. Additionally, our free claim check provides a costless assessment of your claim’s viability.
- Personalized Guidance and Support: Your needs and well-being are our top priority. Our dedicated legal team provides personalised guidance and support throughout the process, representing your interests while respecting your input and instructions.
Contact us today, and let our dedicated team support you throughout the process of your bicycle injury claim.
Frequently Asked Questions
What happens if I am injured in a hit-and-run case?
You are still entitled to make a claim for the same entitlements and same process if you were hit by a motor vehicle but do not have their details. You will need to provide as much information as possible to prove that an accident did at least occur. Firstly, report the incident to the police immediately, providing them with any details you can remember about the vehicle or driver. Next, consult with our bike accident lawyers.
Do bicycle accident injury claims provide compensation for bike damage?
No, bicycle accident injury claims typically provide compensation solely for injuries sustained by the cyclist. Bike damage and personal belonging loss/damage are claimable under the property damage insurer. These claims are primarily focused on compensating you for medical expenses, lost wages, pain and suffering, and other related damages resulting from the accident. Bike damage is covered under the property damage insurer if the at fault party had insurance.
How do I know if I have a threshold injury?
From body part to body part, it differs whether your injury will be considered threshold injury or not. Generally, for physical injuries, a threshold injury is a soft tissue injury only. An example of a physical injury that is not a threshold injury entitling you to a payout would be fractures, tears, nerve damage etc. For psychological injury to be considered a threshold injury it usually means your psychological injury has not been recognised as a recognised psychiatric illness. An example of a psychological injury that is not a threshold injury entitling you to a payout would be Post-Traumatic Stress Disorder (PTSD), or Major Depressive Disorder. You can ask our lawyers during your free claim check about whether your injury would be considered threshold or not and they will inform you if you are likely to be eligible for a payout.
Do I need a lawyer to make a bicycle injury claim?
While you can make a bicycle accident claim on your own, having a lawyer run your claim on your behalf is beneficial. We have been doing these sorts of claims for decades, and so we are experienced in running claims like yours from beginning to the end, ensuring that we get the most compensation for our clients by assessing all areas of entitlements. We often, when acting on a claim for a client that was previously doing it themselves or the like, don’t include information that can significantly assist their claim based on the law yet due to inexperience did not consider it to be relevant. Not providing enough information and evidence means you are not claiming the maximum compensation entitlement for your circumstances. We want to help you avoid that by giving you piece of mind through the right advice, collating all the relevant evidence and ensuring that you receive the maximum entitlement and payout. Rest assured the lawyer cannot settle or resolve your claim without your instructions. That means you will have a lawyer act on your behalf in your interests whilst providing instructions ensuring you are comfortable with the decision on how and when your claim resolves. If you’d like us to help you with making your bicycle accident claim, whether you wish to do it yourself or have us do it on your behalf, contact Withstand Lawyers on 1800 952 898 for no win no fee bicycle injury claims support.
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 contact form.