Have you been involved in a cycling accident?
If you have sustained injuries as a result of being directly involved in a cycling accident which was caused by a motor vehicle and the accident was not your fault then you would be entitled to bring a claim as against the CTP insurer for that vehicle.
The Motor Accidents Compensation Act 1999 provides cover to enable riders and their passengers to claim compensation for injury sustained as a result of their involvement in a motor vehicle accident if it can be established that the accident was the fault of the motor vehicle driver. The claim is brought as against the CTP insurer for the vehicle at fault.
The purpose of the Motor Accidents Compensation Act 1999 is to put the injured rider, and any passenger, in the position that they would have been in, or as close to that position as possible, had they not been injured.
What can you claim
Compensation or damages may be claimed under the following headings:
- Reasonable and necessary treatment expenses may be claimed if you require, or will require, treatment for the injuries which you have sustained. This includes the cost of attending upon a doctor or specialist, physiotherapy, counselling, surgical procedures, hospital fees etc.
- Economic loss or losses of income which have resulted from the injury sustained can also be claimed. If the losses will be carried on into the future after the resolution of your claim same can also be quantified and included in the claim at the time of its resolution. Such claims can be made whether you are employed or self-employed.
- If you have received and require voluntary and/or paid care or assistance with tasks around the home which you were undertaking prior to the accident then you may be able to make a claim for the value of the assistance that has and will continue to be required. Most people are not in a financial position to afford commercial cleaners so family members or friends will offer a helping hand through these difficult times. The value of that voluntary assistance, if same meets certain thresholds imposed by the legislation, can be claimed. Of course, if reasonable and necessary, the claim for the value of that care can also be made for the future, whether same is being provided on a voluntary or commercial basis.
- Non-economic loss or pain and suffering damages can only be claimed if the degree of impairment which results from the injury sustained, either on physical or psychological grounds, has resulted in a whole person impairment of greater than 10%. It is only those persons who suffer serious if not horrendous injuries are ever likely to achieve this threshold. The imposition of this threshold is unfair and unjust for the overwhelming majority of persons injured in motorbike accidents who are denied compensation for their pain and suffering. Even though an injured person may be denied compensation for their pain and suffering they can still claim damages under the other headings to which we have referred to above
What to do if you have been in a cycling accident
Strict time limits apply with respect to the lodging of a claim following your involvement in a cycling accident. These time limits are as follows:
- The accident must be reported to NSW police within 28 days of having occurred.
- A personal injury claim form must be lodged with the CTP insurer for the vehicle at fault for the accident within six months of the accident.
- Proceedings must be commenced within three years of the date of the accident otherwise the claim could be statute barred.
Brydens Lawyers are the experts in the prosecution of cycling claims on behalf of innocently injured cyclists. For a no obligation assessment as to your entitlements to claim compensation contact Brydens Lawyers today.