See the latest awards we have won on our Industry Awards page here

Search

Bicycle Injury Lawyers & Cycling Accident Claims

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).

Free Claim Check
5 star client rating icon

5-Star Client

Rating

Free Case Assessments

Free Case
Assessments

Industry Experts

Industry Experts: 20+ years of experience

No Win No Fee

No Win No Fee Guaranteed

5 star client rating icon

5-Star Client

Rating

Free Case Assessments

Free Case
Assessments

Industry Experts

Industry Experts: 20+ years of experience

No Win No Fee

No Win No Fee Guaranteed

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.

  1. That you were not wholly or predominately 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 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:

  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.

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

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.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
Tyson Langanke (Five Star W.
00:30 02 Apr 24
I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more
Shaylee C.
09:54 27 Mar 24
I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more
Simona M.
05:11 26 Mar 24
Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.read more
Donelle L.
01:16 26 Mar 24
So very happy with the service Garling has provided the care and help has eased a lot of worry I had when going through this process . Many thanks to the entire team

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.

  • A claim for personal injury benefits and possibly;
  • A common law claim for damages.
More Faqs
Google Rating
4.9