You may be aware of the steps to take when there is a car accident, but do you know your rights if you have a motorbike or cycling accident? In this blog, we provide some clarity around the questions you may have as a motorcyclist or bicyclist.
Can I claim compensation as a motorcyclist or cyclist for a road injury?
As a motorcyclist or cyclist, you have the same right on the road as a motor vehicle (such as a car or truck) in the event of a road accident. Although the claim procedures differ according to which state or territory you live in, you can make a claim in Australia for compensation following a motorbike or cycling accident.
Compensation for motorcyclists and bicyclists is covered by the Compulsory Third Party (CTP) insurance scheme. All motor vehicles travelling on public roads in Australia are required to have CTP insurance.
In NSW, to make a claim for personal injuries following a car accident, you will need to do so by reporting the incident to the police within 28 days from the date of the accident and lodging a claim for compensation with the insurer of the vehicle that you consider to be at fault within 6 months.
When reporting your accident to the police, you will be required to produce the following:
- Details of the driver and vehicle including make, model, colour and registration
- Date and time of the accident
- Any witnesses who can substantiate your claim
- Photos of the site of the accident including any damages to your bike and the vehicle
Speak to the car accident lawyers at Masselos & Co and get the assistance you need to ensure your claim is lodged in a timely manner.
What level of compensation can I expect?
The level of compensation available will depend on the state or territory in which the vehicle is registered and the location of the accident.
As a motorcyclist or cyclist, if the other vehicle is at fault you will generally be able to claim for:
- Loss of wages
- Medical and hospital fees
- Disability support
- Costs associated with death like funeral expenses
There is a misconception that motorcyclists are not afforded the same level of protections as a motorist however that is not the case. In fact, even if the vehicle was not at fault, you can still make a claim as a motorcyclist.
How long will my claim take?
The time it takes to finalise your claim will depend on the complexity of the accident and extent of damage. Generally, motorcycling and bicycling claims are settled within two to three years.
Speak to a compensation lawyer
Although you may feel motorcyclists and bicyclists are treated differently on the roads, there are legal protections in the unfortunate event of a road accident. If you have any questions about your legal rights or looking for assistance in putting together a case for compensation, chat to the road accident professionals at Masselos & Co. Book your free consultation today.
We’re here to help
Call or book an appointment with us today