Motor Vehicle Accidents - Cyclists − Your rights

Have you been involved in a cycling accident?
You may be entitled to compensation.

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Motor Vehicle Accidents - Cyclists

You’ve been involved in an accident, what do you do now?

If you have been injured in a car, motorbike, or bicycle accident you may be entitled to compensation. At Carroll & O'Dea Lawyers we understand how stressful the legal process can be, that's why we offer a free no obligation case evaluation and will also run your case no-win-no-fee.

Any type of road accident such as a motor vehicle, motorbike or bicycle accident can have a terrible impact on your life. Injuries you sustain can be serious and result in permanent disability. A minor bicycle accident can cause ongoing problems with your health and may require treatment, time off work, or incur other financial costs.

Carroll & O’Dea Lawyers can quickly determine whether you have a claim and start immediately protecting your rights and managing your claim in relation to any type of road accident.

Bicycle NSW Members

As a part of your Bicycle NSW membership our lawyers can also assist you with:

Did you know?

That you might be eligible for compensation regardless of who was at fault, however strict time limits for lodging applications do apply.

Frequently asked questions

What do I do if I have had an accident?

If you have had an accident involving another vehicle you should firstly ensure that you take any precautions that you can to avoid a further risk of harm. Mainly this involves getting off the road and into a safer position if you can. While at the accident scene you exchange details with any other people involved in the accident. This should include their name, contact number and address. If there are any witnesses at the scene it may also assist to obtain their contact details. If you have sustained injury, require treatment or the cause of the accident is likely to be contested the NSW Police should be called to the scene so that a report can be prepared with details of the accident. An ambulance should also be called if the injury requires treatment or assessment at the accident scene.

If you’ve suffered an injury it’s a good idea to seek legal advice as soon as you can. Sometimes it’s not always obvious if you do have a claim.

What happens if I have/may have caused an accident? When is a bike rider liable on the roads?

Accident statistics show that the majority of accidents on the road involving cyclists are in fact that fault of the driver of a motor vehicle. However, should you be at fault in relation to an accident as a cyclist, if you were to cause damage to another vehicle it may be the case that the insurer would seek payment for the damage that has been caused. In the event of a more complex or unusual situation, such as an accident involving personal injury to a pedestrian, individual advice would be required.

What do I need to know about liability?

In short ‘liability’ essentially means who is responsible for any damage and/or injury.

Under current laws, a person injured must prove that the other person was actually responsible for the accident that caused their damage and/or injury.

Unfortunately proving liability isn’t always straightforward in many cycling related accidents. For example, while you may think a driver was at fault that may not be their opinion.

So after an accident it’s important to speak to a lawyer as soon as possible.

Is there a time limit for concluding the claim?

There is a general three-year limitation period for the claim to be concluded. There are alternative dispute resolution processes which are contained within the Motor Accidents Compensation Act which set out a procedure to avoid the necessity of the matter being determined by a Court. The claimant must ordinarily go through a process of having the entitlements to compensation determined by the Claims Assessment and Resolution Service (CARS) before being entitled to commence Court proceedings. There are cost penalties which apply if a claimant does not recover compensation greater than that which can be recovered via the cars process.

What compensation is available for people injured in motor vehicle accidents in New South Wales?

In New South Wales people who are injured in motor vehicle accidents can choose to access two types of benefits. The first is to access a benefit of up to $5000 for medical treatment expenses and loss of income under no fault accident claim compensation. Even the driver who was responsible for the accident can access benefits under this scheme. To make a claim the claimant must complete an Accident Notification Form (ANF) and accompanying Medical Certificate and provide the Certificate to the Compulsory Third Party (CTP) insurer of the relevant vehicle. Details as to who are the relevant insurers can be obtained from the State Insurance Regulatory Authority (SIRA).

If a claimant is injured in an accident due to someone else’s fault then the claimant can elect to make a claim on the CTP scheme by alleging fault. In such circumstances a claimant can recover compensation in excess of $5000. To lodge a claim the accident must be reported to the Police within 28 days of the accident if Police did not attend the accident scene. A Claim Form and accompanying Medical Certificate must be provided to the CTP insurer of the vehicle responsible for the accident within six months of the date of the accident. A claim can be lodged after an ANF has been lodged. If a Claim Form is not lodged within 6 months of the accident then the entitlements to compensation can be severely compromised. If a Claim Form is lodged late then a claimant must provide a full and satisfactory explanation for the delay in the lodgement of the claim. The explanation for the delay can include a delay in onset of symptoms.

Claims can include injuries to persons who are not in motor vehicles. This includes pedestrians and cyclists. All that need occur is an accident involving the use or operation of a motor vehicle. A collision is not always necessary, for example, when you lose control of a cycle to avoid colliding with a motor vehicle or if you are struck by an object discarded from a motor vehicle.

It is important that you obtain the details of the motor vehicle involved in any accident and in particular the registration details of the vehicle.

What compensation is available under the at fault scheme?

Compensation is available for pain and suffering, known as non–economic loss, if the claimant is left with impairment exceeding 10% assessed in accordance with Impairment Guidelines issued by SIRA. The assessment is undertaken by medical practitioners who have had training in assessing impairment in accordance with the Guidelines.

In addition compensation can be recovered for past and future loss of income, past and future medical treatment expenses, assistance which may been provided by family members in the past and what is contemplated in the future and assistance that may be provided by commercial care providers.

Should I use a Lawyer to assist me in making a claim?

Whilst the system in New South Wales is structured in a way that claimants do not necessarily need to use a Lawyer to assist in recovering compensation, it is generally accepted that a Lawyer is required for the purpose of advising in respect of entitlements to compensation and for dealing with the insurance company to ensure that they have sufficient information to properly consider the claim.

Who pays my legal costs?

A Lawyer will enter into a Costs Agreement which will set out how the Lawyer proposes to charge you for any work undertaken. The Lawyer must tell you in a notice separate to the Costs Agreement if the Lawyer proposes to charge you fees in excess of the amount of costs that can be received from a CTP insurer for an at fault claim. No fees can be recovered for no fault claims.

Fees are usually paid on completion of a claim.

Make an enquiry now

You can call our office on 1800 059 278 to ask questions about your circumstances and talk obligation free to one of our lawyers to find out if you should proceed with a claim. Alternatively, contact us using the form below and we will be in touch with you soon.

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Motor Vehicle Accidents - Cyclists − Your rights

Have you been involved in a cycling accident? You may be entitled to compensation.