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 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 our senior team 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 only relates to accidents on or after 1 December 2017 and is not unique to your personal circumstances, so can’t be relied upon as legal advice.

  • 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.

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 that the insurance company does not need to back pay your wages to the date of the accident.

 

If you’re unable to meet the 28 day deadline, you can still lodge the claim form up to three months after the accident. There is no legislative discretion to waive the 28 day deadline, so the CTP insurer will only commence payment of your lost wages from the date the claim is received, assuming it is received after 28 days, but before three months post-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. The critical timeframe to be aware of is the limitation period which expires three years after the accident. Before the three years expires, you’ll need to commence legal proceedings in the Personal Injury Commission or Court if your claim has not resolved by way of settlement with the insurance company.

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.

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 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 26 weeks of benefits which includes income support, home and personal care and treatment. You would lodge this claim against the NSW CTP insurer for the motor vehicle involved in your accident (or the nominal defendant if the vehicle was registered outside of NSW).
  • Not At-Fault with Minor Injuries – If you were not at-fault, but only sustained minor injuries such as soft tissue strains or bruising, you’re entitled to claim up to 26 weeks of benefits which includes income support, home and personal care and treatment. You would lodge this claim against the at-fault vehicle involved in your accident (or the nominal defendant if the vehicle was registered outside of NSW).
  • Not At-Fault with Non-Minor Injuries – If you were not at-fault for your accident and sustained serious injuries which are classified as ‘not a minor 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

You would lodge this claim against the at-fault vehicle involved in your accident. If the at-fault vehicle was registered outside of NSW, you would need to lodge the initial claim (Application for Personal Injury Benefits) on the nominal defendant and your subsequent lump sum claim (Application for Common Law Damages) on the interstate insurance company.

A ‘minor injury’ is a concept defined in the NSW Motor Accident Injuries Act 2017. It does not reflect pain or impairment that an injured person has suffered following a motor accident, but instead serves as a means of determining which people are entitled to benefits and/or compensation more than 26 weeks after an accident. Generally speaking, a minor 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 General Practitioners and insurance companies to incorrectly categorise injuries as ‘minor injuries’ 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. It is important to note that you have 28 days to lodge an internal review once a CTP insurer issues you with a liability notice stating that you have a minor injury.

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.

Injured cyclists who were not at-fault for their accident and who have sustained injuries which are classified ‘not a minor 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.

In NSW, people who are not at-fault for a motor accident and who have sustained injuries which are classified as ‘not a minor 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.

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 engage a lawyer.

The Advantage Legal team have worked for insurance companies, so we know how to maximise your compensation. So whilst its not compulsory to engage a lawyer, you’ll be at a considerable disadvantage if you don’t.

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.

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.

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.

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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News and Articles

WHAT IS A MINOR INJURY?

If you’ve been injured in a motor vehicle accident on or after 1 December 2017 in NSW, you will inevitably have heard the term ‘minor injury’. You may be wondering what this means in the context of your particular claim and how it will impact your entitlement to compensation. This blog provides an overview of the concept of minor injury in the context of the NSW CTP scheme.

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