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Cycling Accident Claims Guide.

For many people cycling is simply a form of occasional exercise or fun; for others, it may be their main form of transport, or even a lifetime passion. But whatever your relationship with cycling, you’re part of a growing community that enjoys the enormous health benefits that cycling offers. However, the cycling community faces challenges in driver attitudes and the availability of safe cycleways, and unfortunately, cycling accidents are all too common. In this article we explain what to do if you’re injured in a cycling accident in NSW and how injured cyclists can claim bicycle injury compensation.

Cycling Accident Claims Guide.

Can I claim compensation if I have a bicycle accident?

There are two ways you can claim compensation for a cycling accident:

1. If you’ve been in an accident with a car or any other vehicle then you may be able to make a cycling accident claim through the NSW CTP scheme, which may provide personal injury benefits and lump sums to injured cyclists under the at-fault driver’s CTP insurance policy.

2. If you’ve been injured from hitting a road hazard like a pothole, then you may be able to make a public liability claim against the council responsible for maintaining the road.

What do I do if I’m injured in a cycling accident in NSW?

Here’s the process to follow if you’re injured in a cycling accident with a car:

If your bike accident didn’t involve another vehicle but was caused by a road hazard like a pothole, then you may be able to make a public liability claim against the council responsible for the road. However, these claims can be particularly complicated, as there are many barriers to proving that a council was negligent and making a successful claim.

Before you lodge any bike accident claim, it’s a good idea to get some legal advice on what you’re entitled to claim, to make sure you don’t miss out on any entitlements. You can get free legal advice from a bicycle accident lawyer by calling Law Partners on 13 15 15.

How much cycle accident compensation will I get?

The amount of bike accident compensation you receive depends on the circumstances of your accident and the extent of your injuries. But as a general indication, in the 12 months to May 2021, there were 11,016 motor accident injury claims submitted in NSW and $466M was paid out in benefits and lump sums.*

Some claims can go as high as six or even seven figures for serious injuries, but your compensation will depend on factors like:

For cycling injury claims where your injuries have been assessed as non-minor and you weren’t at fault in the accident, you’re entitled to claim an additional lump sum. A lump sum claim is the only way to get support beyond 24 months after your bike accident, and these lump sum payments can be substantial. For an estimate of your bike accident injury entitlements, you can use this compensation payout calculator.

*Based on SIRA Open Data, May 2021.

How can I make a bike accident claim for compensation?

You can make a claim under the CTP scheme by filling out the required paperwork and submitting your supporting evidence via the State Insurance Regulatory Authority (SIRA) online portal. This is an official website managed by the NSW government.

However, before you lodge your claim it’s a good idea to speak to a specialist bike injury claim lawyer to find out how to claim everything you’re entitled to. If you lodge your own application and make a mistake you could miss out on significant payments or lump sums. For more information, read our CTP Claims Guide.

Depending on the extent of your injuries, you could be eligible for bike accident compensation for:

You’ll need to submit your claim within 28 days of the accident to have your lost wages paid from the date of the accident, so it’s strongly recommended to submit your claim as quickly as possible.

What injuries can I claim bicycle accident compensation for?

You can claim bike accident compensation for any injury that results in lost wages through time off work, or any treatment or care expenses. Injuries that qualify for a bicycle injury claim include:

The takeaway here is that you don’t need grave injuries to make a claim. Even if you don’t have any visible injuries, you may still be able to make a bike accident compensation claim.

Who will pay my bike accident compensation?

In NSW, it’s a legal requirement for all registered vehicles to have third-party (CTP) insurance. If you’re injured in an accident with a vehicle, it’s the CTP insurer of the at-fault vehicle that will be liable for paying your bicycle accident compensation.

If you’ve been injured from hitting a pothole, and you can successfully prove that the council responsible was negligent, then it would be the council’s public liability insurer that pays your cycle accident compensation. However, these claims can be particularly complicated, and there are many barriers to proving negligence.

Who’s at fault if a car hits a bicycle?

Accident statistics show that most bike accidents with cars are the fault of the driver of the car. However, assessing who’s at fault and how much their actions contributed to the accident (known as ‘contributory negligence’) is something that’s assessed on a case-by-case basis.

Some common examples of cycling accidents where the driver is typically at fault include:

If your accident sounds similar to any of these, you may have a strong claim.

Do I need a lawyer?

No, you can make a bike injury claim yourself. There’s no need to involve a lawyer if you don’t want to and you can find plenty of helpful information on the CTP Claim Advice website.

However, it’s important to understand that the biggest mistake people make in claiming benefits is missing details that seem small, and assuming they’ll automatically receive everything they’re entitled to. If you don’t understand your entitlements and you simply accept the insurer’s decision, you risk being underpaid. For more information, refer to our short article on how to make sure you don’t miss out on entitlements.

To find out how much you can claim or to get free legal advice, speak to a cycling accident claims specialist at Law Partners today.

Do I have a case?

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