Motorcycle Accident Lawyer

Updated August 2021

If you are injured in a motorcycle accident, it can turn your life upside down. If you can’t work due to an injury this can be a scary time. How will you pay the bills? How do you make sure the money still comes in to help with paying for the mortgage, electricity and food for the family?

We can help you make sure you can pay your bills after an injury.

If you or any of your loved ones have sustained an injury in a motorbike accident due to the driving of a motor vehicle you can make a claim for the cost of medical treatment and loss of income.

You may also be eligible to make a Common Law Claim for pain and suffering and future loss of income including loss of superannuation.

What you need to do if you’re injured in a motorbike accident

1. Obtain the contact details of the driver of the vehicle you consider at fault.
2. Obtain the registration number plate of the vehicle you consider at fault.
3. Record the contact details of any witnesses to the accident.
4. Take photographs of the accident scene including the car you consider at fault as well as any damage to your bike (if you are able).
5. Report the accident to the police within 28 days on 131 444 and obtain an event number (if the police do not turn up to the scene of the accident).
6. See your doctor immediately and make sure the doctor records in his or her notes how the injury occurred and what injuries you have sustained because of the accident.
7. Complete an Application for Personal Injury Benefits within 28 days of the date of the accident. You can find the form HERE
8. Details of how to find out the name of the CTP insurer can be obtained from the Motor Accidents Authority of NSW on 1300 656 919.

Find out more information on Motorcycle Accident Claims in our Guide for people Injured in a motor accident.

You should contact a Lawyer who is an Accredited Specialist in Personal Injury Law about recovering compensation for pain and suffering, the cost of future medical treatment and future loss of income. This will not cost you any money and you may be entitled to thousands of dollars in compensation under the Act.

There are also 2 things you should NOT do after you make a claim:

1. DO NOT give a statement to an investigator appointed by the CTP insurer without speaking to a lawyer first.
2. DO NOT settle your claim with the CTP insurer without consulting a lawyer as you will receive a lot less compensation than you are probably entitled to under the Act.

What can I claim Motor Cycle Accident Compensation for?

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

For the first 6 months

For the first 6 months, you are entitled to claim loss of income and payments of medical expenses. 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 6 months

To obtain ongoing weekly payments of compensation and medical expenses after 6 months, the insurer must make a decision accepting the following.

1. That you were not at fault or mostly at fault.
2. 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 and you are entitled to make a claim for damages.

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

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

How Long Will a Motorcycle Accident 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 at 20 months following the injury. You cannot make a claim for common law damages before 20 months after the accident (unless you have a greater than 10% whole person impairment).

Most claims for damages are commenced and finalised between 2 years and 3 years following the motor vehicle accident.

Are There Time Limits When It Comes to Making a Motorcycle Accident Claim?

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

First, 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 at 20 months post-accident. You do have up until 3 years post-accident to make a claim for damages, but it is important that any claim is made sooner rather than later.

The NSW 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.

You can receive a no-obligation, FREE CASE ASSESSMENT here to see if you have a motorbike accident claim.

You can also get further information from our blog posts;

• What is a minor injury under the Act?
• Important Time Limits under the Act?

If you need assistance after your motorbike accident, please do not hesitate to contact us our lawyers as follows;

1. 1. Complete our FREE case assessment form HERE
   2. Email us at info@garlingandco.com.au
   3. Give us a call on (02) 8518 1120