Bicycle Accidents and Compensation

If I have an accident on my bicycle whilst on my way to work that has been caused by a motor vehicle, am I entitled to compensation even though I don’t pay any insurance?

Yes, you are entitled to motor vehicle accident compensation, if you are injured on a road by a motor vehicle whilst riding your bicycle. Even if you were partly at fault for the accident, you are still eligible to receive personal injury compensation.

In New South Wales the Motor Accidents Compensation Scheme provides compensation to a number of road users when they are injured on our roads. This includes:

– Bicyclists;
– Pedestrians;
– Motorcyclists;
– Drivers;
– Passengers in cars; and
– Pillion passengers.

What do I need to do to get compensation?

To make sure that you receive compensation for your injury, you need to ensure that the accident is reported to the police as soon as possible. You also need to complete and lodge an Accident Notification Form with the insurer of the motor vehicle, within 28 days of the accident. This will give you access to up to $5,000 to cover your medical expenses and any loss of wages from not being able to work on account of your injury.

In addition, you need to ensure that you lodge a completed Personal Injury Claim Form with the insurer within 6 months of the date of the accident. This will give you access to additional personal injury compensation over and above the initial $5,000.

What sort of compensation is available?

The type and amount of compensation that is available under the Motor Accidents Compensation Scheme will depend on the severity of your injury and may include:

– Payment or reimbursement of your reasonable medical and rehabilitation expenses including travel costs to attend medical appointments;

– Lump sum payment of past and future financial loss you have suffered as a result of the accident such as loss of wages or a decrease in your ability to work full-time in the future;

– Lump sum payment for pain and suffering if your whole person impairment is over 10%;

– Compensation to cover any damage to your bicycle and clothing.

What if I don’t have the registration details of the motor vehicle?

You are still able to make a claim for compensation even if you didn’t get the registration details of the motor vehicle that caused the accident. Your claim for compensation will be a claim against the Nominal Defendant, an insurance company nominated to handle claims where the identity of the vehicle that has caused the accident, cannot be ascertained such as a hit and run. You will need to show the Nominal Defendant that you have made reasonable efforts to locate and/or ascertain the identity of the motor vehicle.

If you have been involved in a motor vehicle accident on our roads and need strong, practical and effective legal advice, call Barwick Boitano today on (02) 9630 0444 or email on fjb@bblawyers.com.au  for an appointment. Frank Boitano is an Accredited Personal Injury Lawyer and acts on a No Win No Fee basis.

Easy parking directly opposite the practice and convenient to local transport!