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Motorcycle Injury Claims Guide.

Motorcycle riding continues to grow in popularity in Australia. In fact, there were over 880,000 motorcycles registered in Australia as of January 2020*, including over 250,000 just in NSW. With our open roads and warm weather, motorcycle riding is a great way to experience the Australian outdoors, and many riders also enjoy the social benefits that come from joining one of the country’s many motorcycle clubs.

But unfortunately, accidents do happen, and being injured in a motorcycle accident can be a life-changing experience. If you’ve been injured, read on to learn about what support is available to you and your legal rights when it comes to making motorcycle accident claims.

*According to Statistica.com.

I’ve been injured in a motorcycle accident in NSW. What are my rights?

In NSW, whether you’ve been knocked off your bike or injured in an accident that didn’t involve another vehicle, you might be eligible to claim motorcycle accident compensation for your injuries under the NSW CTP scheme.

If you were in an accident with another vehicle, the compulsory third party (CTP) insurer of the vehicle that was mostly at fault in the accident covers your motorcycle accident compensation payments. For example, if you were waiting at a traffic light and a driver hit you from behind causing you injury, the driver’s CTP insurer would be liable for your compensation payments.

After you’ve notified the insurer of the vehicle mostly at fault in your accident, you need to lodge an application for personal injury benefits. You have 28 days after the date of the accident to lodge motorcycle accident claims to get back-payment for any lost wages. The final deadline for lodging your claim is three months from the date of the accident, but if it’s been more than three months you should talk to a motorcycle accident lawyer to find out if there’s a way you can still claim compensation.

What many people fail to realise, however, is that this application doesn’t cover any lump sum payments you might be entitled to – you need to apply for these separately.

Application TypeEntitlements Covered
Application for personal injury benefits
  • Lost income through time off work
  • Treatment expenses
  • Care expenses
Common law damages claim
  • Lump sum for future lost wages
  • Lump sum for pain and suffering

For a comprehensive set of articles on how to lodge your motorcycle injury claim, refer to CTP Claim Advice.

Motorcycle Injury Claims Guide.

What is the average payout for a motorcycle accident compensation claim?

The data for motorcycle accident compensation isn’t reported separately, but according to SIRA (the State Insurance Regulatory Authority), 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.*

The amount of motorcycle accident compensation that you can claim depends on the circumstances of your accident and the extent of your injuries. Some cases settle for amounts as high as six or even seven figures. For an estimate of your motorcycle accident injury entitlements, you can use this compensation calculator.

The factors that will influence the final figure you receive include:

*Based on SIRA Open Data, May 2021.

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Who pays my medical costs if I’m injured in a motorcycle accident?

The CTP insurer of the vehicle that was mostly at fault in your accident will pay your medical costs. The following table summarises the compensation payout process for your medical, treatment and care expenses as well as income support payments:

CTP ClaimCTP Compensation Payout Process
Medical and treatment expenses
  • Your GP will provide the insurer with a treatment referral
  • CTP insurer will generally approve a number of sessions with your GP and other treatment providers
  • CTP insurer will generally write directly to your provider and notify them of the approval
  • CTP insurer will pay the GP or treatment provider directly – these expenses won’t form part of your regular payments
  • Benefits are capped depending on the severity of your injuries
  • You should receive whatever treatment is necessary to make sure you recover from your injuries
Care expenses
  • Generally treated in the same way as medical and treatment expenses
Income support payments
  • Weeks 1-13: 95% of pre-accident earnings
  • Weeks 14 – 26: 80-85% of pre-accident earnings. If the CTP insurer cuts off your benefits it will need to give you four weeks’ written notice.
  • Beyond week 26 you can only receive benefits if you weren’t mostly at fault for the accident and your injuries have been assessed as non-minor

What motorcycle injuries can I claim compensation for?

Motorcycle accidents can leave people involved with a range of physical and psychological injuries. These injuries can include:

This isn’t a complete list. No matter what your injury is or how minor you think it might be, you may still be able to claim motorcycle injury compensation.

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What can a motorcycle accident lawyer do for me?

Before you make a claim for compensation, it’s a good idea to speak to a motorcycle accident lawyer, even if it’s just to get some free advice. In fact, in NSW a lawyer can’t actually charge for helping you submit your claim for personal injury benefits. So it makes sense to explain your situation to a motorcycle accident lawyer and get some advice before you proceed with making your claim.

There are also several situations where having a motorcycle accident lawyer on your side could result in a much better outcome for you, and there are many situations where you can get your lawyer’s fees paid by the insurer.

Here are some ways a motorcycle accident lawyer can help you:

Who can make motorcycle accident claims?

A common misconception is that only the motorcycle rider can, but this isn’t true. Whether you’re a motorcycle rider or passenger, a cyclist, pedestrian or bystander, you can make a motorcycle accident claim if you’ve been injured in a motorcycle accident.

Examples of people who could have a claim include:

How do you get a motorcycle accident lawyer to help you for free?

For CTP claims in NSW, lawyers’ fees are regulated. Lawyers can’t charge to help you lodge your application for personal injury benefits. But if you’re disputing a CTP insurer’s decision, then for most disputes you can engage a lawyer at no cost to you.

There are two types of disputes – paid disputes and unpaid disputes.

To find out how much you can claim or to get free legal advice on your claim, speak to a motorcycle accident claims specialist at Law Partners today. Or, read our CTP Claims Guide.

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