Cycling, while a healthy and environmentally friendly mode of transportation, is not without risks, especially when sharing the roads with motor vehicles. In the unfortunate event of an accident involving a motor vehicle in New South Wales (NSW), understanding your rights and options for claiming compensation is crucial. In this edition of the Advantage Legal ‘Compensation Insider’ series, we explore on the crucial steps and considerations relevant to cyclists involved in a motor vehicle accident.




If you’re injured in a cycling accident involving a motor vehicle, the NSW motor accidents compensation scheme in the majority of circumstances will be your primary recourse. This scheme provides various benefits, including partial income replacement, treatment expenses and commercial care. People who suffer serious injuries (known as a ‘non-threshold injury’) may also be entitled to lump sum compensation for economic loss and pain and suffering if they were not at-fault for the accident.


If you are involved in, or witness a motor vehicle accident in NSW, there are several essential actions that you should take:


1.Immediately After the Accident 

Your first priority should be to ensure the safety of whoever has been injured and seek emergency medical attention. Even if injuries seem minor, a medical evaluation is crucial as some injuries such as concussions, fractures or damage to internal organs may take time to manifest.


Always report the incident to the police if an injury has occurred, if there is property damage, or if the other party is uncooperative or has fled the scene. Request an event number from the Police, however there are issues with obtaining one, note down the Police Officer name, the time and date that the accident report was attempted.  You’ll need this information when filing your personal injury claim.


2. Gathering Information at the Scene 

It is critical to gather as much information as possible from the accident scene whilst you are there as the information may not be available at a later date. This includes dash cam or video surveillance footage that may be available of the actual accident, and photos or video of the aftermath of the accident.


You’ll also need to know the location, time and circumstances of the accident. If there were witnesses, you’ll need to obtain their details and ask them what they saw.


Finally, you’ll need the details of the person who hit you. In particular you’ll need their full name, address, contact number, their CTP insurer details, the registration details and the make/model of their vehicle.


3. Submit an Application for Personal Injury Benefits 

If you were injured, you’ll need to submit an Application for Personal Injury Benefits and a Certificate of Capacity on the vehicle’s Compulsory Third Party (CTP) insurer to commence a claim for compensation. In most circumstances these documents need to be filed within 28 days to ensure that you receive the maximum benefits under the legislation.


The Certificate of Capacity needs to be completed by your treating doctor and will detail your injuries, the treatment you require and your capacity for work. Note that at a minimum you’ll need to provide these certificates every 28 days in order to continue to receive benefits from the insurer.


Both of these documents can be found at


4. Obtain Referrals & Request Treatment

Excluding emergency treatment immediately after the accident, it is essential that you obtain referrals from your general practitioner for treatment. Those referrals need to be provided to the CTP insurer for pre-approval before the treatment is undertaken. Pre-approval can take up to 10 days and can be declined for a large number of reasons. So, ensure that you leave enough time for the CTP insurer to approve your treatment before you attend the appointment, or you may be left out of pocket.


5. Submit an Application for Damages Under Common Law

If you’re not at fault and have sustained more serious injuries (‘non-threshold injuries’), you might be eligible for a lump sum compensation claim. This application is more complex and requires a detailed analysis of financial and other losses, the briefing of medical and liability experts and quite often the engagement of a barrister.


Once all of the evidence is obtained, if liability is accepted, the insurance company will typically enter into settlement negotiations in an attempt to resolve the claim. If the negotiations fail, legal proceedings in the Personal Injury Commission and/or Court will be required to resolve the ongoing dispute.


6. Seek Legal Advice

The NSW motor accident injury scheme is complex. Insurance companies have almost infinite resources at their disposal including trained claims consultants, internal lawyers and medical advisors, private investigators, accountancy firms and external law firms. Your best bet at levelling the playing field is seek legal advice from an Accredited Specialist in Personal Injury Law who specialises in NSW motor accident claims.


Whilst it is not compulsory to use a lawyer, engaging an Accredited Specialist will allow you to focus on your rehabilitation and leave the stressful legalities to a trained professional who will take care of the claim for you whilst maximising your compensation payment. Here at Advantage Legal, both our Practice Principals are accredited specialists in Personal Injury Law.




  •  Immediately after an accident, prioritise safety and medical attention, report the incident to the police, and gather as much contemporaneous evidence as possible.
  • Submit the Application for Personal Injury Benefits within 28 days of the accident, accompanied by a Certificate of Capacity from your treating doctor, to commence the claim.
  • Compensation may cover various expenses such as treatment, commercial care and lost wages. Lump sum compensation may be available for people with serious injuries who are not at fault.
  •  The CTP scheme is complex and as a result, it is strongly recommended that you engage the services of an Accredited Specialist in Personal Injury Law, like the Practice Principals at Advantage Legal.



Advantage Legal have released a FREE Comprehensive FAQ guide to Claiming NSW Motor Accident Compensation for cyclists. You can obtain your copy by CLICKING HERE. 

You can also view our recent webinar with Bicycle NSW on what to do after an accident by CLICKING HERE.  



Advantage Legal’s Principal Solicitors are Accredited Specialists in NSW personal injury law and are the Exclusive Compensation Legal Partner of Bicycle NSW. We offer no-win, no-fee billing and guide you through every step of the compensation claim process including working with treatment and rehabilitation providers to fully understand how your injuries are impacting you. We also pay your upfront claim investigation fees such as specialist medical reports to ensure there is no financial burden on you throughout the progression of your claim, and only seek reimbursement at the successful conclusion of your claim.

This article is for educational purposes only and should not be relied upon as legal or financial advice. Readers should be aware that compensation law and policy documentation changes regularly and may impact the accuracy of the information contained within this article, which is current as at 1 May 2024. Any person relying on the information contained within this article does so at their own risk. 

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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.
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