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6 things every bike rider needs to know about bicycle accidents

Richard Faulks

17 Jan 2018

Topics

  • Compensation
  • Cycling Accident
  • Personal Injury
bike rider in dark

A bike incident can lead to injury to you and damage to your bicycle. It can also cause significant disruption for an injured bike rider in terms of lifestyle and work.

What do I do if I am in a bike riding accident?

Richard Faulks, Managing Director and Snedden Hall & Gallop Lawyers, provides 6 important answers you need if you are in a cycling accident.

1. Do I have to report the accident to the police? Yes, the accident should be reported if there has been injury, and it is a precondition for making a claim for compensation in the ACT.

2. Is there a time limit for me to give notice of a potential bicycle accident claim for compensation if I am injured? Time limits are very important!

  • You must give notice to the CTP insurer of the vehicle causing the accident using a special form called a Motor Accident Notification Form, which also incorporates a Motor Accident Medical Report that must be completed by your doctor.
  • If the notice is given within 30 days of the accident, it triggers an obligation for the insurance company to pay up to $5,000 for treatment and rehabilitation, even before the insurer determines liability.
  • There is a further requirement that notice is given to the insurer anyway with 9 months of the accident or within one month of the accident victim instructing a lawyer and identifying the insurer involved.
  • Finally there is a limitation law which requires any legal proceedings to be commenced within 3 years of the accident, or the right to claim is lost.

3. What information do I need in order to bring a bicycle accident claim against a CTP insurer?

You will need:

  • Details of the other vehicle, the driver, and the registration number;
  • All receipts for treatment or other expenses.

It is very helpful to have:

  • Details of where the accident occurred and any witnesses if known;
  • Photographs of the scene if you can take them.

4. Are there occasions when I can claim workers’ compensation if I am injured while cycling to work? If you are employed in the private sector you can make a workers compensation claim if you are injured on the way to or from work. That claim can cover your treatment expenses and any lost income. Such a claim should be notified to your employer as soon as possible. Unfortunately, no claim can be made for such journey injuries by those employed in the public sector, as those rights were removed in 1988.

5. What type of compensation am I entitled to if the incident was caused by the negligent use of a motor vehicle or another bike rider? Where another driver or rider was at fault it should be possible to make a claim for:

  • Pain and suffering;
  • Treatment expenses;
  • Lost income; and
  • Care and domestic assistance.

If another bike rider was at fault, recovery may depend on whether the cyclist held insurance that will cover the claim.

6. What will it cost me in terms of legal costs to bring a bicycle accident claim and how are those costs paid? Legal costs are generally recoverable in addition to the compensation at the end of the claim. It is important to get very clear information about that from your lawyer at the outset. Most claims are conducted on a no win no fee basis.

Snedden Hall & Gallop can assist you

Snedden Hall & Gallop has a close association with Pedal Power ACT and other sporting groups and we are ready to assist with information and advice and to ensure that proper compensation is payable for any injuries sustained or other losses. We can assist with cycling accident compensation on a no-win, no-fee basis and can provide initial information obligation-free so that an injured person immediately knows what they can do and how to do it. Please contact us regarding your cycling accident as soon as you can on (02) 6285 8000 or by email. You can see details of our compensation representation here.


Would you like to read our other articles about bike riders rights and cycling injury? More.