Bicycle Injury Lawyers & Cycling Accident Claims

Garling and Co are committed to NSW Cyclists, working in partnership with Bicycling Australia.

In NSW, if you have sustained an injury as a cyclist due to being hit by a car, you can claim compensation for any injuries sustained under the Motor Accidents Injuries Act 2017 NSW. This is known as a CTP Claim. Cyclists are covered for any compensation payable for injuries sustained by the CTP Insurance of the car that caused the accident. You are entitled to up to 12 months of compensation for medical expenses, care, and loss of income no matter who was responsible for the accident. To receive compensation beyond 12 months and to make a Common Law claim for damages the driver of the vehicle must be at fault and you need to have an injury that satisfies the definition of a threshold injury (a non-minor injury).

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No Fault and Fault based Claims For Cycling Accidents

Updated September 2023

If you have sustained an injury whilst riding your bike that was caused by the use or operation of motor vehicle during:

the driving of the vehicle, or
a collision, or action taken to avoid a collision, with the vehicle, or
the vehicle’s running out of control, or
a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control

You have an entitlement to make a claim for compensation.

The new Act has both a no-fault and fault-based scheme to compensate people for injuries sustained when hit by a car whilst riding a bike.

In the no-fault based scheme, compensation is payable for 12 months including loss of income, medical expenses, and care. It does not matter who was at fault, as long as you were injured in a car accident.

As a cyclist, if you are hit by a car, most of the time you can also prove that the driver of the car caused the accident. This can be done through police documents and other records or witness statements confirming the driver to be at fault.

This is the fault-based scheme. A cyclist injured in a car accident can receive loss of income payments, medical expenses, and care for more than 12 months if they can prove the accident was not wholly or predominantly their fault and the injuries cyclist must also prove they also have a non-minor injury. See Minor injury blog .

If the accident was not your fault and you have a non-minor injury you can also make a claim for Common Law Damages.

No Fault Accidents

Luckily for cyclists, the law in NSW allows cyclists to make a claim even if they cannot prove the driver or owner of the car was at fault; this is known as a no fault accident.

A “no fault motor vehicle accident” is one not caused by the fault of the owner or driver or by the fault of any other person (this does not include the pedestrian or cyclist).

For example, we acted for a client who was severely injured in a hit-and-run car accident. There were no witnesses and our client could not recall what had occurred other than he was crossing a road. We could not prove the driver was at fault as we had no idea how the accident occurred. The client was successful however under the no fault accident provisions as no other person could possibly be responsible.

This provision allows almost all cyclists to make a claim for compensation in most circumstances even where the accident may partially be the fault of the cyclist.

How To Make A Claim For A Cyclist Accident

If you are a cyclist and you are injured by a car you need to:

Obtain the contact details of the driver who injured you
Obtain the registration number of the vehicle that injured you
Record the contact details of any witnesses
Take photographs of the accident scene, including:
- The vehicle that injured you
- Yourself, and any visible injuries
- The damage to your possessions (E.g. bike, computer, helmet)
Report the accident to the police (within 28 days) and obtain an event number
See your doctor immediately for your injuries
- You will need to make sure the doctor records that you have been involved in a car accident and takes a detailed recording of the injuries you have sustained
Complete an Application for Personal Injury Benefits within 28 days. You can complete the form HERE
You must make a Common Law Claim within 3 years after an injury. You will need the assistance of a lawyer to make such a claim

Who Will Pay My Cycling Injury Compensation If I Take Legal Action?

If you have been hit by a car whilst cycling, then you can make a claim through the NSW CTP Legislation. In NSW it is compulsory for all vehicles to have CTP insurance, that is insurance that covers the driver for injuries caused in a car accident. To make a claim for compensation if you have been injured by a motor vehicle whilst cycling you need to complete an application for personal injury benefits through the SIRA website.

www.sira.nsw.gov.au

An application for personal injury benefits must be made within 28 days of the date of the accident. You also need to report the accident to the Police and obtain an event number.

You need to obtain a medical certificate from your general practitioner in relation to the nature of the injuries you have received and any loss of income.

Once you have completed a claim form online, you are entitled to payment of loss of income, payment of medical expenses and care, this is initially paid for up to 12 months.

All compensation is payable by the CTP insurer.

What Can I Claim Cycling Accident Compensation For?

Once you have made a claim for compensation through SIRA, you are entitled to the following compensation.

For the first 12 months

For the first 12 months, you are entitled to claim loss of income, payments of medical expenses and care. For the first 13 weeks, you are entitled to up to 95% of your pre-injury average weekly earnings, and thereafter up to 80% of your pre-injury earnings.

After 12 months

To obtain ongoing weekly payments of compensation and medical expenses after 12 months, the insurer must make a decision to accept the following.

That you were not wholly or predominately at fault.
That your injuries are not assessed as being minor injuries.

If you satisfy both categories, then you are entitled to ongoing payments of weekly compensation and medical expenses beyond 12 months and you are entitled to make a claim for Common Law Damages.

A claim for damages entitles you to make a lump sum claim for compensation for:

Pain and suffering, loss of enjoyment of life (if you have a greater than 10% whole person impairment).
Damages for loss of income, including loss of superannuation.

How Long Will A Cycling Injury Claim Take?

To make an initial claim for compensation, you must do so within 28 days of the accident. The CTP insurer will then commence payments of weekly compensation and medical expenses almost immediately.

Once your injuries have stabilised and you are entitled to make a claim for common law damages, this usually occurs around one year following the accident.

Most claims for damages are commenced and finished within 2 years once commenced.

Are There Time Limits When It Comes To Making A Cycling Injury Claim?

Yes, there are several time limits to make a cycling injury claim in NSW.

The first-time limit is that you must make an application for personal injury benefits within 28 days from the date of the accident. You must also notify the Police of the accident within 28 days. Failure to notify the Police of the accident could prevent you from making a claim.

You then must make a claim for common law damages within 3 years from the date of the accident.

The Motor Accident Injuries Act NSW 2017 has strict time limits in which to commence claims and you should contact an Accredited Specialist in Personal Injury Law to ensure your claim is commenced within the required time limits.

For details on what compensation is payable in such a claim please see our blog HERE .

If you need further assistance as a result of your pedestrian or cyclist accident, please do not hesitate to contact us as follows;

1. Complete our FREE case assessment form HERE
2. Email us at info@garlingandco.com.au
3. Give us a call on (02) 8329 9500

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

Call now to start your claim 02 8329 9500

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Sam H.

09:47 17 Dec 24

Very knowledgeable, explains everything very clearly and highly recommend.

Rachel R.

09:13 17 Nov 24

Although a long journey, the team at Garling & Co Lawyers have been amazing. They are thorough and clear with the processes and the expectations. It is a pleasure dealing with Emma and Rebecca. They... take all the weight off our shoulders when it comes to all the legal stuff and they make us feel comfortable and confident in their ability to look after us.read more

Angie & Brian M.

00:58 18 Sep 24

We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more

Yanthi S.

11:22 12 Sep 24

I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more

Tina S

07:45 29 Aug 24

Thank you for the great outcome!

Lisa L.

05:18 13 Jul 24

Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more

J B

07:12 02 Jul 24

Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more

Nelson B.

02:11 30 Jun 24

Professional, prompt & honest service

Ray H.

07:33 13 Jun 24

Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more

Jo L.

05:58 07 May 24

So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more

Frequently Asked Questions

1. What you need to do after having a bicycle accident?

Seek immediate medical assistance from your local general practitioner or, if necessary, the emergency department of the nearest hospital.Report the accident to the police within 28 days and obtain an event number.

If you can, obtain the following information:

The name, address, licence details, and phone number of any driver of the vehicle involved in the accident.
The make, model, and number plate of any cars involved in the accident.
Contact details of any witnesses.
If possible, take photographs of the accident scene, including the location and any damage to any vehicles.

2. How to make a claim?

There are two types of claims which you can make for injuries sustained in a bicycle collision with a car. In both cases, the injury must due to the use and driving of a motor vehicle.