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Motorcycle Accident Lawyer

Unfortunately, riding a motorcycle can be dangerous as drivers of cars don’t seem to pay as much care as they should on the road. When you drive a car, you have a deadly weapon in your hands and hitting a motorbike rider or cyclist can cause serious injuries.

 

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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;

If you need assistance after your motorbike accident, please do not hesitate to contact us our lawyers 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) 8518 1120

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.

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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
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