Bicycle Accident Injury Compensation

Injuries arising from bicycle accidents involving a motor vehicle in NSW can often take a long time to recover due to the trauma involved. Chances are the physical and psychological impacts on your life will be significant and will involve considerable amounts of rehabilitation and care.

Advantage Legal are expert NSW bicycle accident lawyers. We provide expert advice, support when you need it and work hard to make sure that you receive maximum compensation for your injuries. You can trust your future with the exclusive compensation legal partner of Bicycle NSW.

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Bicycle Injury Compensation should be all about You

As the exclusive compensation legal partner of Bicycle NSW, the Advantage Legal team understand the complexities associated with pursuing a NSW bicycle accident injury compensation claim. With decades of experience dealing with NSW bicycle compensation claims, you can trust that our senior team of bicycle accident lawyers will provide you with expert advice and personal support during one of the most difficult times of your life. Our lawyers will treat you like a person, not just a file sitting on a shelf. Trust us, not all law firms will give you the personal attention you deserve. Pursuing your compensation claim with Advantage Legal means that your claim is all about you. You’ll receive a strategic plan for your case, tailored to your particular circumstances, you’ll be supported throughout your rehabilitation and recovery, your questions will be answered and you’ll receive maximum compensation – no win, no fee!

Book a free initial consultation with an Accredited Specialist in Personal Injury Law now.

Did You Know?

Despite a prolonged lockdown in NSW, over 10,500 serious injuries and over 230 deaths have occurred on NSW roads in 2021, many of which were cyclists. Depending on the circumstances of your accident, the severity of the injuries sustained and who was at-fault, cyclists involved in an accident with a motor vehicle in NSW may have multiple entitlements to compensation including:

  • Motor Accident Compensation (CTP)
  • Workers Compensation
  • Total and Permanent Disability (TPD)
  • Public Liability compensation
  • Income Protection Benefits
  • Personal Accident Insurance

To find out more, book a free initial consultation with an expert bicycle accident compensation lawyer.

Bicycle Accident Frequently Asked Questions

It’s totally normal for injured people to seek out information before wanting to speak to a lawyer. So we’ve put together a list of  frequently asked questions from injured cyclists which relate to the NSW motor accident injury compensation scheme (also known as CTP, third party or green slip compensation). This information relates to accidents that occurred on or after 1 April 2023 and is not unique to your personal circumstances, so can’t be relied upon as legal advice. Different rights, obligations and timeframes apply to accidents that occurred on or before this date.

What do I do after a bicycle accident involving a motor vehicle?
  • Call emergency services so that emergency treatment can be administered, and if necessary, investigations undertaken.
  • Prevent any further accidents from occurring by making sure that the accident scene is safe.
  • Take photos of the accident scene, your bicycle, the vehicle involved and any damage to your personal items and property.
  • Take down the details of the vehicle that hit you including the registration, make and model of the vehicle as well as the type and colour.
  • Take down the drivers details of the vehicle that hit you, including a photo of their drivers licence. You’ll need their phone number, full name, residential address and details of their CTP insurer.
  • Request an event number from the NSW Police. You’ll need this to lodge a compensation claim. If the Police did not attend the scene of the accident, you can obtain an event number by calling the Police Assistance Line or attending your local Police station. There is a legal requirement to do this within 28 days of the accident.
  • Obtain a medical certificate (known as a ‘Certificate of Fitness’) from your General Practitioner or the hospital that treated you.
  • Obtain legal advice from Advantage Legal before you submit your claim form (known as an Application for Personal Injury Benefits) to the CTP insurer. We’ll provide you with a confidential advice and make sure that your claim form and medical certificate have been completed correctly.
Is there a time limit to lodge a bicycle injury compensation claim?

Time limits apply to bicycle injury compensation claims. An Application for Personal Injury Benefits needs to be lodged within 28 days of the accident.  Failure to do so means you will need to provide the insurance company with a full and satisfactory explanation for the delay in lodging your claim in order to be entitled to a back payment of wages to the date of the accident.

 

If you are unable to meet the 28 day deadline or provide a full and satisfactory explanation, you can still lodge the claim form up to three months after the accident, however the insurance company will not be required to back pay your wages to the date of the accident.

 

People who are seriously injured are entitled to pursue an Application for Damages Under Common Law. This is also known as lump sum compensation. There is no timeframe to commence your lump sum compensation claim in the Personal Injury Commission, however a three year limitation period does apply to Court proceedings.

Where can I get the claim form to lodge a bicycle injury compensation claim?

To pursue a claim for bicycle injury accident compensation in NSW, you’ll initially need to complete:

    • An Application for Personal Injury Benefits; and
    • A Certificate of Fitness completed by your General Practitioner

Cyclists who have sustained more serious injuries may be entitled to a lump sum compensation payment. If this applies to you, you’ll also need to complete:

    • An Application for Damages Under Common Law

All these documents can be found at www.sira.nsw.gov.au. It is strongly recommended that you obtain legal advice before submitting any of these documents to the CTP insurer to ensure that no errors or omissions have been made. Simple mistakes could result in your entitlements ceasing prematurely or costing you tens, possibly even hundreds of thousands of dollars in lump sum compensation.

Where can I get the medical certificate to lodge with my bicycle injury compensation claim?

The medical certificate required to lodge a bicycle accident injury compensation claim in NSW is called a ‘Certificate of Fitness’.

 

The Certificate of Fitness can be downloaded from www.sira.nsw.gov.au.

What compensation can I claim after a bicycle accident involving a motor vehicle in NSW?

What you are entitled to claim after a bicycle accident involving a motor vehicle in NSW depends on the severity of your injuries and whether you were at-fault for the accident or not. We’ve detailed the most common scenarios below:

 

  • At-Fault or Mostly At-Fault– If you were at-fault or mostly at-fault for your accident, you can claim up to 52 weeks of benefits which includes income support, home and personal care and treatment.
  • Not At-Fault with Threshold Injuries – If you were not at-fault, but only sustained a ‘threshold injury’ (previously known as a ‘minor injury’) such as soft tissue strains or bruising, you’re entitled to claim up to 52 weeks of benefits which includes income support, home and personal care and treatment.
  • Not At-Fault with Non-Threshold Injuries – If you were not at-fault for your accident and sustained serious injuries which are classified as ‘not a threshold injury’ in accordance with a legislative definition you may be entitled to claim:
    • Partial income support
    • Home and personal care
    • Treatment
    • Lump sum compensation for past and future wage loss including superannuation
    • Lump sum compensation for pain and suffering
What is a ‘minor injury’?

The term ‘minor injury’ was defined in the NSW Motor Accident Injuries Act 2017 from 1 December 2017 to 31 March 2023. It was then replaced by the term ‘threshold injury’ on 1 April 2023, however has a similar definition. See “What is a Threshold Injury? for” more information.

What is a ‘Threshold Injury’?

A ‘Threshold injury’ is a concept defined in the NSW Motor Accident Injuries Act 2017 and is used to determine which people are entitled to benefits and/or compensation more than 52 weeks after an accident. Generally speaking, a threshold injury can be categorised as follows:

  • Physical Injuries – a soft tissue injury usually described by a doctor as whiplash or muscular strain.
  • Psychological Injuries – mental conditions such as adjustment disorder or acute stress disorder.

It is quite common for insurance companies to incorrectly categorise injuries as a ‘threshold injury’ due to a lack of understanding or failure to investigate or correctly consider all of the medical material before them. If this has occurred on your claim, you should seek urgent legal advice from the Advantage Legal team so that an internal review with the insurance company can be prepared on your behalf.

Can I dispute a CTP insurer’s decision about my claim?

You can dispute almost any decision that a CTP insurer makes on your claim. In most circumstances, you’ll need to lodge an internal review of the decision with the CTP insurer within 28 days of the decision being made. If the CTP insurer upholds their initial decision, you’ll then be entitled to lodge a dispute application with the NSW Personal Injury Commission.

 

The dispute process can be long and complicated and in many circumstances incredibly stressful. If you’d like an expert legal team to manage the dispute process on your behalf, contact our team for a free initial consultation and confidential advice.

How much is my compensation claim worth?

Injured cyclists who were not at-fault for their accident and who have sustained injuries which are not classified as a ‘threshold injury’ in accordance with a legislative definition are entitled to a lump sum compensation pay out. The amount you are entitled to claim varies based on your personal circumstances such as your age, how long you were off work, how much you were earning before the accident, what your plans for future employment were, the severity of your injuries and whether you are entitled to pain and suffering.

 

Some law firms use generic claim calculators to estimate how much an injured cyclist is entitled to. At Advantage Legal, we believe that compensation is about you. So, we’ll provide you with a tailored advice on how much your claim is worth once we know all your personal circumstances.

What is involved in making a cycling injury damages claim?

In NSW, people who are not at-fault for a motor accident and who have sustained injuries which are classified as ‘not a threshold injury’ are entitled to pursue a claim for lump sum compensation. This claim is known as an Application for Damages Under Common Law. Generally speaking, pursuing a claim for damages involves:

 

  • Seeking legal representation.
  • Completing and lodging a claim form on the CTP insurer for the driver at-fault for the accident.
  • Gathering medical, liability and economic loss evidence in support of your claim.
  • Being medically examined by a series of doctors of different specialities.
  • Resolving any medical disputes with the insurance company in the Personal Injury Commission.
  • Participating in a settlement conference with the insurance company in an attempt to resolve your claim.
  • If settlement cannot be achieved, requesting either the Personal Injury Commission or Court to determine who was responsible for the accident and your entitlement to compensation.
Do I need a lawyer to pursue a cycling accident injury compensation claim?

There is no legal requirement to have a lawyer represent you to lodge a cycling accident injury damages claim in NSW. This claim is known as an Application for Common Law Damages.

 

Insurance companies employ teams of people to work directly with injured people like you, so that you will not engage a lawyer. This is because insurance companies know that they can minimise how much compensation they have to pay you if you do not have legal representation.

 

The Advantage Legal team are Accredited Specialists in Personal Injury Law and have worked for insurance companies, so we know how to maximise your compensation. So whilst it’s not compulsory to engage a lawyer, you’ll be at a considerable disadvantage if you don’t.

How do lawyers charge for bicycle accident claims in NSW?

There is no universal billing model for bicycle accident claims in NSW. The Advantage Legal team operate on a no-win, no fee basis. Our clients only pay our professional fees and disbursements if we are successful at the conclusion of their claim. Our initial consultation is completely free and there are never any interim payments during your claim.

What does No-Win, No-Fee mean?

There is no universal definition of ‘no-win, no-fee’. Whilst many personal injury law firms offer no-win, no-fee billing it is important for injured cyclists to look into the detail of the arrangement they are signing up to. Unlike many other law firms, at Advantage Legal, no-win no-fee means that you’ll only pay our professional fees and disbursements if your claim is successful. The inclusion of disbursements in a no-win, no-fee legal retainer is important as disbursements can amount to tens of thousands of dollars. Some law firms exclude disbursements, so be sure to check the fine print before signing a law firm cost retainer.

Can I claim any other type of compensation?

Depending on your accident circumstances, an injured cyclist may be entitled to make claims under multiple statutory compensation schemes or personal/third party insurance policies. These include, but are not limited to:

 

  • The NSW motor accident compensation scheme
  • The workers compensation scheme
  • TPD insurance
  • Public liability insurance
  • Income protection insurance
  • Personal accident insurance

If you’d like advice on your full compensation entitlements, contact our team for a free initial consultation and confidential advice.

What is a NSW Accredited Specialist in Personal Injury Law?

An Accredited Specialist in Personal Injury Law is a lawyer who has been recognised by the NSW Law Society as having a high level of expertise in laws relating to personal injury in NSW. Accredited specialists have undertaken and passed a rigorous assessment process to attain their accreditation. Lawyers who hold the NSW Law Society Specialist Accreditation represent the best lawyers in the state.

 

Both Practice Principals of Advantage legal have extensive backgrounds in personal injury law, having worked for both insurance companies and compensation law firms. Additionally, they have served as decision makers at the Dispute Resolution Service (now known as the Personal Injury Commission) and are Accredited Specialists in Personal Injury Law.

For too long, we have seen injured people treated poorly in NSW by large law firms and insurance companies. At Advantage Legal, we believe that compensation is personal and requires a tailored approach. Our clients trust us to know them personally, be available when they need us and to get the best possible rehabilitation and compensation outcomes for them. We take this trust seriously.

Leigh Davidson 
Principal Solicitor​

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IMPORTANT INFORMATION
This website has been updated to reflect changes to NSW motor accident injury scheme. These changes apply to people injured in motor accidents on or after 1 April 2023. Please note that if you were injured in a motor accident before 1 April 2023, different time limits and compensation entitlements apply to your claim. Contact our team for more information.
Call us: 02 8379 1806