Motorcycle Accident Claims Guide.

As a motorcycle rider, you’re part of a growing community of Aussies who choose motorcycle riding as a way to enjoy our great outdoors. In fact, in 2021 annual sales of motorcycles in Australia grew to 123,530, up almost 14% on 2020*. But unfortunately, driver awareness of riders remains an issue, and motorcycle accident injuries are all too common. In this guide we explain in plain language everything you need to know about how to make a claim if you’ve been injured, and how to make sure you receive your full entitlements.

*FCAI, January 2022.

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I’ve been injured in NSW. What are my compensation rights?

If you’ve sustained motorcycle accident injuries in NSW, you have the right to claim compensation for your injuries. This applies to being knocked off your bike as well as accidents that don’t involve other vehicles.

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 pays you for your claim. 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 pay your compensation.

However, what many people don’t know is that in addition to weekly benefits, injured motorcycle riders are often entitled to additional lump sum payouts due to the severity of their injuries. Read on to learn if this applies to you.

How do I claim my full compensation entitlements?

If you’ve been knocked off your bike, 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 your claim 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.

However, this application doesn’t cover the lump sum payments you might be entitled to – you need to apply for these separately.

Application Type	Entitlements 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

These lump sum amounts can be substantial, so if you think you might qualify for lump sum compensation, or if you’ve had a lump sum claim rejected by an insurer, you can call us on 13 15 15 and get free legal advice on your options.