INJURED IN A CYCLING ACCIDENT?​

Expert Advice for Cyclists | Support When You Need It | Maximum Compensation

Get Back On The Road Sooner With The Official Compensation Legal Partner Of Bicycle NSW

Exclusive Benefits for Bicycle NSW Members

If you’ve been injured in a bicycle accident in NSW you may be entitled to claim compensation. Pursue your motor accident injury claim with Advantage Legal, the official compensation legal partner of Bicycle NSW and you’ll receive a legal experience unlike any other. We believe that compensation is personal and should be all about you. Our team of experts will answer all your questions, develop a tailored strategic plan just for you and maximise your compensation, all on a no-win, no fee basis.

As a Bicycle NSW member, you’re entitled to a discount on our professional fees of up to 5%. Pursue a compensation claim with us and you’ll also receive free assistance pursuing an insurance property damage claim for your damaged bicycle. Just provide us with your Bicycle NSW membership details at the time of your initial consultation. It’s that simple.

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Bicycle Motor Accident Claims

If you’ve been injured on your bicycle as a result of a collision or while trying to avoid a collision with a motor vehicle in NSW such as a car, bus, motorbike, truck, bus, train or tram you may be entitled to pursue a claim for benefits and compensation under the NSW motor accidents compensation scheme. The scheme provides varying levels of benefits and compensation depending on the severity of your injuries, the losses you have sustained and whether you were at-fault for the accident.

Common Scenarios

Common cycling accident scenarios involving motor vehicles include:

  • Rear end accidents
  • Side impact accidents
  • Car door being opened
  • Failure to give way at an intersection or traffic light
  • Failure to keep a safe distance in accordance with NSW laws
  • Road rage, reckless driving or speeding cars in close proximity
  • Failure to check blind spots when turning or changing lanes

Benefits & Compensation

The benefits and compensation available under the NSW motor accidents compensation scheme include:

  • Partial income replacement
  • Treatment expenses
  • Home and personal care
  • Lump sum compensation for economic loss and pain and suffering
  • Funeral expenses

Lodging Your Claim

Claims under the NSW motor accident compensation scheme are subject to strict time limits, with some benefits being lost after 28 days. As such it’s important that you lodge your claim form promptly to preserve your rights and entitlements. The initial claim form is called an ‘Application for Personal Injury Benefits’. Please read our FAQ called, Where can I download an Application for Personal Injury Benefits?.

Due to the complexity of the NSW motor accidents compensation scheme, it is common for injured people to submit their claim incorrectly. Simple errors made in your initial claim form could end up costing you significant amounts of benefits or compensation.

Insurance companies will offer to assist you to lodge your claim, however they will not usually take proactive steps to fix errors in your claim form or inform you of your full entitlement to compensation. This is because insurance companies are organisations that work to profit from the NSW motor accident scheme, so their claims staff are trained to minimise the cost of claims. By way of illustration, the NSW motor accident compensation scheme regulator, SIRA, conducted a review of claims lodged between 1 December 2017 and 1 December 2018. This review determined that 1,853 injured people had not lodged a claim for lump sum compensation despite being eligible to do so. Insurance companies only informed these people of their rights once directed to do so by SIRA.

As a Bicycle NSW member, it costs you nothing to hold an initial consultation with our senior lawyers. Contact our team to ensure that you claim everything that you’re actually entitled to.

Source – SIRA Motor Accidents Regulatory Bulletin – Issue 1, 2021

Your Questions Answered

We’ve put together a comprehensive set of frequently asked questions and answers to help Bicycle NSW members understand their rights and entitlements under the NSW motor accidents compensation scheme including links to the forms required to make a claim. Simply click here or navigate to the bottom of this page.

If you’d like to know more about the specific circumstances of your claim, you can:

  • Book a free consultation with one of our senior solicitors.
  • Use our interactive online claim advice tool, 24 hours a day, 7 days a week.

Bicycle Workers Compensation Claims

If you’ve been injured in the course of your employment on your bicycle as a result of a collision, or even as a result of taking evasive action to avoid a collision with a motor vehicle, you may be entitled to pursue a claim for benefits and compensation under both the NSW workers compensation scheme and the motor accidents compensation scheme. Due to the complexity of the way compensation schemes operate in NSW, their overlapping legislative provisions and payback requirements, it is strongly recommended that you obtain legal advice promptly following your accident.

The following information is based on the NSW workers compensation scheme. For general information regarding the NSW motor accident compensation scheme, please refer to the earlier Bicycle Motor Accident Claims section.

Benefits & Compensation

The benefits and compensation available under the workers compensation scheme include:

  • Partial income replacement
  • Medical, hospital and rehabilitation expenses
  • Domestic assistance
  • Return to work assistance including finding new employment or undertaking education and training
  • Limited property damage
  • Lump sum compensation for permanent impairment impairment, subject to injury thresholds being met
  • Work injury damages compensation for negligence of your employer
  • Funeral expenses
  • Compensation for dependants if death occurs.

Lodging Your Claim

Following your cycling accident, you should inform your employer immediately that you have been injured. Your employer has a general obligation to report any workplace incident involving an injury to their workers compensation insurer within 48 hours. As an injured worker, you have 6 months to lodge a claim for compensation, however it is recommended that you do so earlier to promptly receive wage loss payments and treatment from the workers compensation insurer.

As a Bicycle NSW member, you can obtain an initial consultation with one of our senior lawyers. Our team will take time to understand the circumstances of your accident, help you complete the claim form and answer all your questions to give you certainty in a very uncertain time in your life.

If you’d like to know more about your specific circumstances, you can book an initial consultation with one of our senior solicitors by clicking here.

TPD Claims

If you’re unable to return to work as a result of your bicycle accident, in addition to benefits and/or compensation payable under the motor accidents or workers compensation schemes, you may be entitled to a Total Permanent Disability (TPD) pay out from your superannuation fund.

As a Bicycle NSW member, you can obtain an initial consultation with one of our senior lawyers absolutely free. Our team will take time to understand the circumstances of your accident, help you complete the claim form and answer all your questions to give you certainty in a very uncertain time in your life.

If you’d like to know more about your specific circumstances, you can book an initial consultation with one of our senior solicitors by clicking here.

 

Bicycle NSW Member Insurance Coverage

One of the benefits of being a Bicycle NSW member is that your membership includes comprehensive worldwide personal accident and public liability insurance. The insurance provides coverage for medical expenses, loss of income, rehabilitation expenses, lump sum payments for certain injuries and a death benefit should you pass away as a result of a bicycle accident. It is also worth noting that in many circumstances, the Bicycle NSW insurance coverage is in addition to other compensation entitlements.

If you or your family would like more details about the Bicycle NSW personal accident and public liability insurance cover or would like to obtain the full policy wording, click the Bicycle NSW logo below and you’ll be redirected to the Bicycle NSW insurance page.

Frequently Asked Questions

Bicycle accidents tend to be very traumatic events involving significant injuries. Even though medical treatment is likely to be required, it is important that you, or somebody assisting you, undertakes the following activities after a bicycle accident in NSW where injuries have been caused by a motor vehicle:

  • Call 000 and ask for the Police and Ambulance to attend so that treatment can be rendered and, if necessary, investigations undertaken.
  • Ensure that the accident scene is safe from any further collision or damage and where possible have traffic diverted.
  • Take photos of the accident scene, damage to the motor vehicle that hit you, your bicycle, clothing and accessories that were damaged.
  • Obtain details of the motor vehicle including the make, model, type, colour and registration.
  • Obtain details of the driver of the motor vehicle including their name, address, phone number and a copy of their drivers licence.
  • Obtain an event number from the Police. If the Police attended the scene of the accident, you could obtain this from the attending Police officer. If the Police did not attend, you’ll need to report the accident to the Police within 28 days if property damage or personal injury resulted from the accident.
  • Obtain a Certificate of Fitness from the hospital that treated you or alternatively from your General Practitioner.
  • Seek legal advice from Advantage Legal. We will advise you on your rights and entitlements, ensure that your Certificate of Fitness has been completed correctly and help you to lodge the compensation claim form (known as the Application for Personal Injury Benefits) within 28 days.

In the majority of circumstances after 1 December 2017, if you’ve been injured in a bicycle accident involving a motor vehicle collision your claim will be pursued under the NSW motor accidents compensation scheme. The scheme provides:

  • Partial income replacement
  • Treatment expenses
  • Home and personal care
  • Funeral expenses
  • Lump sum compensation for economic loss and pain and suffering

If your injuries aren’t covered under the NSW motor accidents compensation scheme, they may be covered under other NSW insurance schemes or insurance policies. Depending on your accident circumstances this could include:

  • The NSW workers compensation scheme
  • A TPD insurance policy which is commonly provided by your superannuation fund
  • An income protection policy that you hold
  • A public liability policy held by a third party such as a local council
  • The personal accident or public liability insurance included with your Bicycle NSW membership

For a free tailored advice on your personal circumstances, contact our team.

An Application for Personal Injury Benefits is a claim form which commences a NSW motor accident injury claim against a Compulsory Third Party (CTP) insurer. The benefits available include income support, home and personal care and reasonable and necessary treatment expenses for anyone injured in a motor accident in NSW for up to 26 weeks. This includes even if you were at-fault or contributed to the accident in some way.

 

People who have sustained an injury which is categorised as ‘not a minor injury’ and who are also not mostly at-fault for the accident are entitled to benefits beyond 26 weeks. Injured cyclists fitting this category should be aware that:

 

  • Treatment and home care continues if it is considered 'reasonable and necessary' by the insurer. If your injuries are severe, this could be a lifetime entitlement.
  • All income support payments cease 5 years after the accident.

An Application for Personal Injury Benefits can be lodged for physical injuries, psychological injuries or both and needs to be supported with a Certificate of Fitness completed by your General Practitioner or hospital. Please read our FAQ , What is a certificate of fitness? for more information.

An Application for Personal Injury Benefits should be lodged as soon as possible following an accident. People who lodge their claim promptly are entitled to additional benefits:

  • Within 28 days - The insurer is required to back pay wages to the date of the accident. They will also pay for treatment, home care and personal care expenses provided insurer approval is sought and it is considered reasonable and necessary.
  • After 28 days, but within 3 months – The insurer is not required to back pay wages to the date of the accident and only has to commence payments from the date the Application for Personal Injury Benefits is received. Treatment, home care and personal care expenses remain payable provided insurer approval is sought and it is considered reasonable and necessary.
  • After 3 months – The insurer is not required to make any payments unless a full and satisfactory explanation is provided explaining the reason for the delay in lodging the Application for Personal Injury Benefits.

The Application for Personal Injury Benefits can be completed online at www.sira.nsw.gov.au or by completing the form and submitting it to the CTP insurer for the vehicle involved in your accident. The Application for Personal Injury Benefits form can be downloaded by clicking here.

The Application for Personal Injury Benefits must be submitted to the insurer with a Certificate of Fitness completed by your General Practitioner or hospital. It is critical that this certificate is completed correctly and all injuries are individually noted. The Certificate of Fitness can be downloaded here. Please read our FAQ called, Where can I obtain a certificate of fitness? for more information.

An Application for Damages Under Common Law is a claim for lump sum compensation made on the CTP insurer of the vehicle who caused your accident. These claims are restricted to people who have sustained injuries which are considered ‘not a minor injury’ and who were not at fault for the accident. The term ‘minor injury’ is defined in NSW motor accident legislation.

Eligible people may be entitled to a lump sum pay out for:

  • Past economic loss
  • Future economic loss
  • Pain and suffering
To find out if you’re eligible for a lump sum compensation pay out contact one of our senior solicitors for a free claim evaluation or use our interactive online claim advice tool, 24 hours a day, 7 days a week.

Common law damages claims are restricted to people who have sustained an injury which are classified as ‘not a minor injury’ and who are not at-fault for the accident. NSW motor accident legislation places time restrictions on when common law damages claims can be lodged with the CTP insurer.

  • If your injuries are greater than 10% permanent impairment you may bring and settle a common law damages claim at any time.
  • If your injuries are 10% permanent impairment or less you must wait 20 months after your accident before you can bring a common law damages claim. The claim cannot be settled until 24 months after the accident.

If a settlement is unable to be negotiated, legal proceedings must be commenced in the NSW Personal Injury Commission or Court within 3 years of the accident.

The Application for Damages Under Common Law form is available at www.sira.nsw.gov.au. This claim is lodged on the CTP insurer for the vehicle responsible for causing the motor accident. In most circumstances, this will be the same insurer who you lodged the Application for Personal Injury Benefits with. The Application for Damages Under Common Law form can be downloaded by clicking here.

The CTP insurer will not assist you to maximise your damages claim and will only provide general information about what you can claim. It is strongly recommended that you obtain legal advice before submitting an Application for Damages Under Common Law to ensure that you maximise your compensation entitlement.

If you would like advice on your common law damages entitlements, contact a senior solicitor at Advantage Legal for a free initial consultation.

If you were involved in a bicycle accident involving a motor vehicle and sustained injury but are unable to identify the vehicle involved, a claim can still be pursued. The NSW motor accidents compensation scheme allows for injured cyclists to pursue a claim against the ‘nominal defendant’ provided a due inquiry and search for the responsible vehicle has been conducted.

Due to the complexity of the process involved in lodging a claim against the nominal defendant, we strongly recommend that you obtain legal advice. Advantage Legal are experts at motor accident compensation claims and can provide a tailored advice on your nominal defendant claim based on your personal circumstances.

Contact a senior solicitor at Advantage Legal for a free initial consultation.

If you were involved in a bicycle accident in NSW and sustained an injury, but the motor vehicle involved was uninsured, a claim for benefits and compensation can still be pursued. The NSW motor accident compensation scheme allows for injured cyclists to pursue a claim against the ‘nominal defendant’ in such circumstances.

Due to the complexity of the process involved in lodging a claim against the nominal defendant, we strongly recommend that you obtain legal advice. Advantage Legal are experts at motor accident compensation claims and can provide a tailored advice on your nominal defendant claim based on your personal circumstances.

Contact a senior solicitor at Advantage Legal for a free initial consultation.

A Certificate of Fitness is a medical certificate that is provided to a CTP insurer when lodging an Application for Personal Injury Benefits or Application for Damages Under Common Law following a NSW motor vehicle accident. The certificate is completed by your nominated treating doctor or hospital and provides the CTP insurer with information regarding the injuries you sustained in the motor accident, the treatment you require and your fitness for employment.

The Certificate of Fitness is a critical document which a CTP insurer bases its decisions on regarding your entitlement to benefits and compensation. Unfortunately, due to the length and complexity of the certificate, it is regularly completed incorrectly by medical practitioners and hospitals.

Generally speaking, your CTP insurer will require a Certificate of Fitness every month in order to continue paying you fortnightly income support, treatment, home care and personal care. In rare circumstances, where injuries are severe, a certificate of fitness may only be required every three months. If you believe this circumstance applies to you, you should discuss it with your CTP insurer in advance to prevent any issues with payment of benefits on your claim.

If you would like an advice on whether your Certificate of Fitness has been completed correctly by your treating medical practitioner or hospital before lodging your claim with the CTP insurer, contact a senior lawyer at Advantage Legal for a free initial consultation.

The Certificate of Fitness is a medical certificate required to lodge a motor accident injury claim in NSW. It is the same medical certificate completed for workers compensation claims in NSW. Most General Practitioners and hospitals will have a copy of the certificate readily available when an injured person consults with them. Alternatively, Certificate of Fitness can be downloaded at www.sira.nsw.gov.au or by clicking here.

A ‘minor injury’ is a concept defined in legislation, regulation and guidelines in the NSW motor accident compensation scheme. The concept of minor injury does not reflect the physical or emotional circumstances of a person following a motor accident, but rather attempts to create an objective means of categorising injuries which should resolve within a defined period of time with little or no ongoing issues following a motor accident.

Minor injuries are generally categorised into two forms:

  • Soft tissue injuries – usually described as ‘whiplash’ or ‘muscular strain’ type injuries; and
  • Minor psychological injuries – such as acute stress disorder and adjustment disorder.
Cyclists who have sustained minor injuries are entitled up to 6 months of wage loss, treatment and home/personal care.

Due to the complexity of the minor injury definition, General Practitioners and insurance companies incorrectly categorise injuries as ‘minor’ prematurely ending benefits under the NSW motor accidents compensation scheme and precluding a claim for damages under common law. If this happens to you, you could be foregoing hundreds of thousands of dollars in compensation.

If your CTP insurer has provided a liability notice stating that you sustained a ‘minor injury’ we strongly recommend you obtain legal advice from a senior solicitor at Advantage Legal. The initial consultation is completely free and will give you the peace of mind that you need that the correct decision has been made by the insurer.

In most circumstances, to receive reimbursement for treatment expenses following a cycling accident, an injured cyclist will need to lodge an Application for Personal Injury Benefits on the CTP insurer for the motor vehicle involved in the accident, regardless of whether the cyclist was at-fault for the accident or not. Please read our FAQ called, What is an Application for Personal Injury Benefits & what can I claim? for more information. Unlike private health care or Medicare, you must request approval from the CTP insurer in advance of obtaining your treatment. The insurer will provide you with a written approval or denial within 10 days of receiving your request and will reimburse you the cost of the approved treatment within 20 days of receiving the receipt.

 

The exception to the above scenario is if your cycling accident occurred in the course of your employment. In such circumstances, your employer’s workers compensation insurer will cover the cost of your treatment expenses, even if you lodge a claim on the CTP insurer as well. Much like the CTP insurer, the workers compensation insurer needs to pre-approve your treatment expense before it is incurred. Failure to do so could mean that you are only partially reimbursed or not reimbursed at all.

In most circumstances, personal or home care can be requested from the CTP insurer for the motor vehicle involved in the cycling accident, regardless of whether the cyclist was at-fault for the accident or not. Eligibility, number of hours and duration of care are all assessed on a case by case basis either by the CTP insurer or the rehabilitation consultant assigned to assist with your claim. Generally speaking, the more serious your injuries are and whether you were at-fault for the accident, will determine your entitlement to personal and home care.

The exception to the above scenario is if your cycling accident occurred within the course of your employment. In such circumstances, your employer’s workers compensation insurer may arrange for your personal or home care.

In both scenarios, pre-approval should be sought from the relevant insurer before the cost of personal or home care is incurred. Personal or home care must be provided by a commercial care organisation. Care provided by friends and family is not reimbursable by either the CTP insurer or workers compensation insurer.

To lodge a motor accident injury claim following a bicycle accident in NSW, you’ll need to:

If your accident occurred in the course of your employment, in addition to the above, you should:

  • Inform your employer of the accident immediately so that they can notify their workers compensation insurer.
  • Complete a workers compensation claim form.
  • Provide the form to your employer and/or employers workers compensation insurer.

Self-represented cyclists and medical practitioners frequently make errors when completing documentation required to lodge a motor accident injury claim in NSW. We strongly recommend that you obtain an advice from a senior solicitor at Advantage Legal before submitting your claim form to the relevant insurer. If the accident occurred within the course of your employment, you may also need to consider whether to lodge a workers compensation claim in addition to your motor accident injury claim.

At Advantage Legal, your first consultation is free and will give you the peace of mind that your documentation has been completed correctly.

Damages claims in the NSW motor accidents compensation scheme are restricted to cyclists who are not at-fault for the accident and who have sustained injuries which are not ‘minor injuries’. The claim is known as an ‘Application for Damages Under Common Law’. The amount of compensation you are entitled to will depend on your age, the amount of time you are absent from employment, your income earning capacity both before and after the accident, whether your future income earning capacity has been impacted, the severity of your injuries and whether you are entitled to pain and suffering.

The senior lawyers at Advantage Legal believe that compensation is personal. We do not use generic ‘claim calculators’ to trick injured people into believing that their claim might be worth millions of dollars. We will personally deal with you, tailor a strategic plan just for you and maximise your compensation claim by getting to know you and your personal circumstances.

Your damages claim is worth more with Advantage Legal representing you.

In circumstances where a CTP insurer has denied liability for either whole or part of a claim, an injured cyclist has a right to dispute the decision. In the majority of circumstances, an injured cyclist will need to lodge an application for internal review with the CTP insurer within 28 days. If the insurer maintains its decision or fails to respond, a dispute application may be lodged with the Personal Injury Commission, where an independent decision maker (known as a 'Member') will make a determination. In most circumstances, the decision of the Personal Injury Commission is binding, but is subject to a right of appeal.

Both the insurer internal review and dispute process with the Personal Injury Commission are difficult to navigate without knowledge of the NSW motor accident injury scheme and involve complex concepts of medical assessment and law.

If you wish to dispute an insurer’s liability determination, we strongly recommend that you do so urgently with the assistance of one of the senior lawyers at Advantage Legal. Your first consultation is free and we will ensure that your dispute is medically and legally correct based on your personal circumstances.

There are a number of common motor accident scenarios involving cyclists in NSW. These include:

    • Rear end accidents – where a cyclist is hit from behind by a motor vehicle.
    • Side impact accidents – where a cyclist is hit from the side. This type of collision is common at roundabouts, T-intersections and traffic light-controlled intersections.
    • Car door being opened – where stationary motorists fail to check before opening their car door, resulting in a collision between a cyclist and their open door.
    • Failure to give way at an intersection or traffic light – where a motor vehicle fails to acknowledge a cyclist travelling through an intersection or traffic light resulting in a collision.
    • Failure to keep a safe distance in accordance with NSW laws – where a motor vehicle fails to leave 1 metre between a cyclist and their vehicle when travelling at speeds up to 60km per hour or 1.5 metres when travelling above 60km per hour resulting a collision and/or injury.
    • Road rage or speeding cars in close proximity – where a driver/rider loses their temper at a cyclist and deliberately speeds in close proximity to a cyclist out of anger of frustration resulting in a collision or injury.
    • Failure to check blind spots when turning or changing lanes – where a driver/rider accidently or negligently fails to check their blind spot when changing lanes, resulting in a collision or injury to a cyclist.

NSW laws requires people involved in a motor accident to report it to the Police in circumstances where:

  • The vehicles involved were towed or carried away (i.e. property damage occurred).
  • The people involved in the accident failed to exchange particulars.
  • If death or injury occurred.

In the context of a motor accident injury claim, NSW motor accident legislation requires an injured cyclist to report the incident to the NSW Police within 28 days. If the Police attended the scene of the accident, or the hospital in the aftermath of the accident this qualifies as the incident being reported. It is critical to obtain an ‘event number’ from the Police as this information will be required by the CTP insurer when the Application for Personal Injury Benefits claim is lodged. Please read our FAQ called, What is an Application for Personal Injury Benefits & what can I claim? for more information.

In circumstances where a cyclist collides with a pothole and no motor vehicle was involved, a claim cannot be pursued under the NSW motor accidents compensation scheme. It is worth considering whether other insurance schemes or policies apply based on the circumstances in which the accident occurred.

  • NSW workers compensation scheme – if the accident occurred in the course of employment, an injured cyclist may be eligible to make a claim under the NSW workers compensation scheme.

  • Public Liability – if the accident occurred as a result of the negligence of a local council or organisation responsible for the maintenance of the roads, a claim may be pursued against the negligent party. In most circumstances, the public liability insurance policy of the negligent party would respond to the compensation claim made.

  • TPD, Trauma & Income Protection Policies – Depending on the severity of the injuries sustained, an injured cyclist may be entitled to claim on TPD, trauma or income protection policies that they have taken out. TPD is the most common of these three policies as it typically included by default when you join a superannuation fund. As these are contractually based policies, the terms of the individual policy and the amount of coverage will determine the size of the financial entitlement and eligibility to claim.

  • Bicycle NSW Insurance Policy – As a member of Bicycle NSW, cyclists are provided with personal accident and public liability cover. Information regarding this coverage can be found on the Bicycle NSW website - https://bicyclensw.org.au/insurance/

If you’ve been involved in a motor accident whilst cycling, chances are you’ve sustained some pretty serious injuries. You’ll be focused on recovering as quickly as possible and in most circumstances stressed about the financial wellbeing of you and your family if you are unable to go back to work. A motor accident takes a tremendous toll on an injured cyclist and quite often leaves you with permanent physical and psychological injuries.

There is no legal requirement to engage a lawyer to pursue a motor accident compensation claim in NSW. In fact, insurance companies work really hard to prevent you from engaging a lawyer because they know that by dealing with you directly, they won’t need to pay you your full compensation entitlement.

An expert motor accident compensation lawyer, like the team at Advantage Legal, will spend time getting to know you, develop a tailored strategic plan for you and will maximise your compensation. We will also answer all your questions, check all insurer decisions and make sure that you get paid everything you’re entitled to. So, whilst it is not mandatory to engage a lawyer, failing to do so could cost you tens or even hundreds of thousands of dollars in compensation.

To obtain a claim evaluation from the team at Advantage Legal, book your free initial consultation now  

If you were injured in a cycling accident involving a motor vehicle in the course of your employment in NSW, you may have compensation entitlements under both the NSW workers compensation scheme and the NSW motor accidents compensation scheme.

Due to the complexity surrounding overlapping entitlements under different statutory compensation schemes, it is strongly recommended that you seek an urgent legal advice to ensure that your rights and entitlements are protected. In many circumstances you may need to lodge both a motor accident injury claim and a workers compensation claim.

Be aware that different time limits apply to lodging claims for compensation in the NSW motor accidents compensation scheme and the workers compensation scheme:

  • Motor accidents compensation scheme – An Application for Personal Injury Benefits is required to be lodged with the motor vehicle’s CTP insurer within 28 days of an accident to preserve all rights and entitlements.
  • Workers compensation scheme - A workers compensation claim must be lodged with your employer or their workers compensation insurer within 6 months of an accident, or within 6 months of the time you become aware of the injury.

To obtain assistance lodging your cycling accident injury claim(s) contact our team for a free initial consultation

In the majority of circumstances injured cyclists will not be covered by the NSW workers compensation scheme in NSW whilst travelling to/from work. The exception to this rule is for exempt workers such as Police Officers, Paramedics, Fire Fighters and Coal Miners and workers who can establish that there is a real and substantial connection between their employment and the accident which caused the workers injuries.

Due to the complexity of the legalities involved in bicycle accident claims travelling to/from work involving a motor accident, injured cyclists are strongly recommended to obtain urgent legal advice from a cycling accident injury expert.

To obtain assistance lodging your cycling accident injury claim(s) contact our team for a free initial consultation

The term no-win, no-fee means that the law firm representing you will run your case and only get paid on successful completion. Injured cyclists should be aware however that not all no-win, no-fee protections are the same across the industry. Some law firms only apply no-win no-fee to their professional fees and still require you to pay back disbursements if the claim is lost. Disbursements are expenses incurred in the running of your claim such as medical reports, accountant reports, investigator reports and Court fees. Disbursements can amount to tens of thousands of dollars in many circumstances, so it’s definitely worthwhile reading the fine print of a no-win no-fee agreement.

Clients of Advantage Legal benefit from our no-win, no-fee promise. That is, if we take on your claim:

    • We’re so confident we will win your case, that if for some reason we were unsuccessful, we’ll completely waive our professional fees and disbursements.
    • We’ll never ask you to pay up front. Our fees are only payable on the successful completion of your claim.

If you were hit by a motor vehicle and your bicycle, helmet, clothing or accessories were damaged you may be entitled to claim the cost back from the driver of the motor vehicle who caused the accident. Typically, a driver will have either third-party property damage or comprehensive car insurance. In such circumstances, and if you’re not at-fault for the accident, a claim is made against the driver’s policy for the damage to your property.

If the driver was at-fault and did not have any form of property damage insurance, you will need to claim the cost of the damaged property from the driver directly. This involves issuing the driver with a letter of demand with sufficient information regarding the accident and the damage to the property to understand the loss sustained. The driver may elect to pay or ignore your demand. If the demand is ignored, you must then commence proceedings in Court. In most circumstances legal proceedings will be commenced in the Local Court, however the jurisdiction may vary based on the value of the property that has been damaged.

Bicycle NSW members who pursue their motor accident injury claim with Advantage Legal will have their property damage claim (excluding litigation) managed by Advantage Legal completely free. It’s just another reason to trust Advantage Legal with your future. 

The senior lawyers at Advantage Legal have industry leading experience which includes:

  • Working as plaintiff lawyers representing injured people.
  • Working in insurance companies.
  • Working for law firms representing insurance companies.
  • Being appointed as Decision Makers with the Dispute Resolution Services to resolve disputes between injured people and insurance companies (or their lawyers).
  • Being appointed the Deputy Chair of the Injury Compensation Committee of the Law Society of NSW.
  • Making submissions to State Regulators and the NSW Government for the improvement of compensation schemes in NSW.
  • Appearing in NSW Parliament to give evidence to Parliamentary inquiries into the operation of compensation schemes.
  • Participating in stakeholder forums to provide feedback and to assist with the implementation and operation of the newly created Personal Injury Commission.
  • Speaking about technical areas of CTP claims at legal industry forums.

Most importantly, our team have been involved in hundreds of NSW cycling compensation claims and have achieved remarkable outcomes for their clients. We believe that compensation is personal, which is why our team of experts will spend time with you to answer all your questions, develop a tailored strategic plan just for you and maximise your compensation, all on a no-win, no fee basis.

Our Team of Experts

Leigh Davidson

Leigh has extensive experience working for compensation law firms and ASX listed insurance companies and is committed to improving the way compensation schemes operate in NSW. Leigh has a passion for helping injured people and is an expert in motor accident, workers compensation and TPD claims for cyclists.

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Ana Jaglic

Ana has many years of experience working for plaintiff law firms, defendant law firms and ASX listed insurance companies. She is a revered and well respected advisor and litigator who is committed to achieving exceptional outcomes for her clients. Ana has a passion for assisting people involved in complex and catastrophic personal injury claims and has achieved many exceptional results for injured cyclists.

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WHAT IS A MINOR INJURY?

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