Motorbike and bicycle accidents can occur because of defective road surfaces, negligent driving of other motor vehicles, road obstructions, inadequate road repairs, spills and overtaking. If you are a victim of such an accident, you have the right to make a bicycle or motorbike accident claim for compensation (provided there was no negligent act on your part).
To make a personal injury claim, speak to the motorbike and bicycle accident lawyers at Owen Hodge, or keep reading to learn more.
How to Make a Bicycle or Motorbike Accident Claim
If you are a victim of a motorbike or a bicycle accident, and you want to exercise your right to make a motorbike accident claim, you’ll need to establish the negligence of the other party. This will require you to report the accident to the police and seek medical attention. It is also important for you to retain all your medical reports for the purpose of claiming compensation.
While making the claim, you might be required to provide certain documentary evidence relating to the expenses incurred by you. These include:
- Receipts of all medical expenses.
- Receipts for travel and other expenses incurred in the process of receiving treatment.
- Proof of income such as tax returns.
- Documents evidencing your inability to work such as medical certificates and sick leave forms.
- Proof of loss of your income such as a letter from your employer.
- Records obtained from your accountant evidencing that you have lost work opportunities in case you run a business.
Who Pays For Bicycle & Motorbike Injury Compensation?
The Compulsory Third Party (CTP) insurer of the negligent party will be liable to pay you the compensation.
How Long Can I Make a Claim After an Accident?
In New South Wales, your right to make a motorcycle accident claim is regulated by the Motor Accident Compensation Act 1999 (the Act). As such, you need to lodge the motor accident personal injury claim form with the relevant CTP insurer within 6 months of the:
- Date of accident or injury; or
- Date of death of a person where the injury resulted in death;
- Time and place of the accident or injury.
Learn more: personal injury claim time limit
Bicycle & Motorbike Accident Compensation Entitlements
Depending upon the seriousness of your injury and the State where the accident took place, you will be entitled to compensation that may include:
- Reimbursement of hospital, medical and rehabilitation expenses;
- Compensation for any past and future economic loss and impending medical expenses in relation to the injuries sustained by you;
- Payment of any lump sum amount in situations where the injury has resulted in Total and Permanent disablement;
- Payment of a lump sum amount for your pain and suffering;
- Payment of death benefits and funeral expenses in cases where the injury resulted in death; and
- Payment of legal costs in relation to the claim for compensation.
Speak to Owen Hodge’s Motorbike & Bicycle Accident Lawyers
If you’ve been involved in a road accident involving a motorbike or bicycle, and want to make an accident compensation claim, Owen Hodge is here to help. Our experienced car accident lawyers will help you to understand your rights, what you may be entitled to and guide you through the bicycle/motorbike accident claim process.
Call our personal injury lawyers on 1800 770 780 to schedule an initial consult.
Frequently asked questions
- Stop your motorcycle and, if possible, get yourself and any other people involved to safety (out of traffic/to the side of the road).
- Seek medical attention for anyone injured (including yourself). If you were the driver, do not remove your helmet – your neck and spine need to stay protected.
- Call the police.
- Note down the following information:
- Names and licence numbers of people involved
- Insurance/registration details
- Names/details of any witnesses
- Also take pictures of your motorcycle/any other vehicles with your phone if possible
- Following the accident:
- Lodge a claim with your CTP insurer
- Seek medical attention if you sustained injuries (keep records of this)
- Speak to a personal injury lawyer if you wish to claim for compensation
If a cyclist was found to be riding negligently (such as riding drunk or dangerously), they may be at fault for the accident. So, can you sue a cyclist? It depends on the accident and the situation, so we recommend speaking to a personal injury compensation lawyer to understand your rights.
- Road rash
- Broken bones and burns
- Injuries to the head, neck or spinal cord
- Fractures of the skull
If the driver was found to be negligent (and the cyclist was not negligent), the cyclist can make a bicycle accident compensation claim. However, we recommend speaking to a bicycle accident lawyer before lodging a claim.