What cycling accidents can I claim for?
No two incidents are the same. From busy CBD intersections to regional highways and suburban bike paths, the circumstances that lead to a cyclist accident claim vary widely, but the impact on your wellbeing and lifestyle does not. Brydens Lawyers can help you if you were:
Hit by a car or truck Typically occurring at intersections or when drivers fail to check their blind spots, you can claim compensation if you were hit by a car while riding a bike, no matter how small the incident appeared to be. | Dooring accidents A dooring incident occurs when a car door is opened directly into a cyclist's path, causing serious injury even at low speeds. |
Unsafe road surfaces, potholes and poor infrastructure Not all cycling accidents involve another vehicle. Where a local council or road authority has failed to maintain a safe road surface or cycling infrastructure, a cyclist accident claim may be available against that public authority. | Accidents involving pedestrians Collisions between cyclists and pedestrians most commonly occur on shared paths or in pedestrian zones, and can cause significant injuries to both parties. Depending on the circumstances, liability may rest with the pedestrian, a third party, or a public authority responsible for the infrastructure. |
E-bike and electric bicycle accidents e-bike accident claims in NSW are available to people riding a privately owned e-bike, a share bike or a cargo e-bike. Depending on where liability is placed, the insurer’s responsibility can differ depending on the e-bike’s classification and the circumstances of the accident. | Group cycling and race incidents Cycling accidents during group rides and competitive races involve unique legal complexities, with liability potentially resting with another rider, an event organiser or a third party. Our bicycle accident lawyers in Sydney can identify every avenue of compensation available to you. |
No bike accident claim is too big or small
Submitting a claim for bicycle accident compensation in NSW can help riders more than replacing or repairing a damaged bike. Damages are made available to cover the cost of medical treatment and income loss, should an injury render you unable to work or require rehabilitation.
Whether you were involved in a hit-and-run accident or suffered fractures, head and brain trauma, spinal injuries, road rash or soft tissue damage, a cycling accident can have a lasting impact on your health, your livelihood and your quality of life.
Not sure if you can claim? Call us now at 1800 848 848 to find out where you stand.
What compensation can a cyclist claim in NSW?
Whether you have been injured on a bicycle or have an e-bike accident claim in NSW, you may be able to claim compensation across several categories and even submit multiple claims. The type and extent of compensation available to you will depend on the circumstances of the accident, the severity of your injuries, and which legal framework applies to your claim. We can help you claim:
1. Resulting and ongoing medical and rehabilitation costs
If you require, or will require, treatment for the injuries you have sustained, you can claim for all reasonable and necessary medical and treatment expenses. This includes the cost of attending a doctor or specialist, physiotherapy, medication, counselling, surgical procedures and hospital fees.
2. Economic loss or loss of income
Any economic losses resulting from your injury can be claimed, including past lost earnings and projected future loss of income where your injuries affect your long-term earning capacity. This applies whether you are employed, self-employed, or a contractor. If your losses will continue beyond the resolution of your claim, they can be included at the time of settlement.
Future superannuation losses may also be recoverable in a damages claim, reflecting the compulsory employer contributions you would have received had you been able to continue working.
3. Pain and suffering
You may be able to claim non-economic loss damages for the pain, suffering and loss of enjoyment of life caused by your injuries. However, threshold requirements apply depending on the nature of your claim:
If your claim arises from a motor vehicle accident on or after 1 December 2017, your injuries must be assessed as resulting in a whole-person impairment (WPI) of greater than 10% to be eligible for pain and suffering damages.
If your claim is brought under the Civil Liability Act (NSW) 2002 — for example, where the accident involved a pothole, unsafe infrastructure or a pedestrian — you must establish that your injuries have been assessed at 15% or more of an extreme case.
4. Care, support or assistance
If your injuries have left you unable to perform everyday tasks around the home, you may be entitled to claim for the cost of care and assistance, whether it was provided by a paid carer or voluntarily by a family member or friend. It is important to note that this entitlement depends on when your accident occurred:
Before 1 December 2017: You may be able to claim for the value of both paid and voluntary care and assistance, provided the care is reasonable and necessary and meets the thresholds required by the legislation, Civil Liability Act (NSW) 2002. This entitlement can also extend to future care needs at the time your claim is resolved.
On or after 1 December 2017: No claim can be made for the value of voluntary care and assistance provided by family members or friends following a motor vehicle accident. This entitlement may still be available, however, where your claim is brought under the Civil Liability Act (NSW) 2002 rather than under the motor accident scheme.
5. Bicycle and equipment damage
Damage to your bicycle, helmet, clothing and other equipment is generally not recoverable as part of a personal injury compensation claim. Property damage is treated separately and is typically pursued as a standalone property damage claim against the at-fault party or their insurer. If your bike or equipment was damaged in the accident, Brydens Lawyers can advise you on the correct pathway for recovering those losses alongside your personal injury claim.
Who is liable for a cyclist accident claim?
Determining who is liable to pay for bicycle accident compensation in NSW is not always straightforward. In some cases, responsibility clearly rests with one party; in others, it may be shared or disputed. Our Sydney bike accident lawyers will investigate who is the responsible party to streamline the claims process and ensure you recover the damages to which you are entitled.
1. The at-fault driver
If your cycling accident involved a motor vehicle, your cycling accident claim is made against the Compulsory Third Party (CTP) insurer for the vehicle at fault, not the driver personally. It typically includes situations where a driver failed to give way, was speeding, ran a red light, was distracted, or simply did not see the cyclist. Where fault is established against the driver, the claim is brought against the CTP insurer for the vehicle, not the driver personally, so compensation is available regardless of the driver's financial position.
2. Local council or road authority
Not every cycling accident involves another vehicle. Where a dangerous road surface, pothole, unmarked hazard, defective infrastructure or inadequate signage contributed to your accident, the local council or road authority responsible for maintaining that road or path may be liable under the Civil Liability Act (NSW) 2002.
These claims require evidence that the authority knew, or ought to have known, about the hazard and failed to take reasonable steps to address it. Our bicycle accident lawyers in Sydney and across NSW have experience pursuing claims against public authorities and can help gather the evidence required to strengthen your case.
3. Employers
If you were cycling as part of your employment duties at the time of the accident, as a delivery rider, courier or during a work-related journey, your employer may also carry a degree of liability. In these circumstances, a workers' compensation claim may run concurrently with a cyclist accident claim under the motor accident scheme, potentially opening additional avenues of compensation.
4. Event organisers
If you were injured during an organised cycling event, race or group ride, the event organiser may bear liability where the accident was caused or contributed to by inadequate safety measures, poor course design, insufficient marshalling, or a failure to warn participants of known hazards.
Liability in these cases can be complex, often involving waivers, insurance arrangements and the specific duty of care owed by the organiser to participants. Our bicycle accident lawyers can assess whether a valid claim exists and advise you on the best course of action.
What if the cyclist is partly at fault?
Being partly at fault for your accident does not automatically prevent you from making a bicycle accident compensation claim in NSW, but it may reduce the amount of compensation you recover. Under local law, the principle of contributory negligence allows a court or insurer to apportion responsibility between the parties.
If you are found to have contributed to the accident, for example, by riding without lights at night, failing to obey traffic signals, or riding in an unsafe manner, your compensation may be reduced by a percentage reflecting your share of the fault.
This is an area where legal representation makes a significant difference. Insurers will often seek to assign a greater degree of fault to the cyclist than is warranted to reduce their liability. Having experienced bicycle accident lawyers in Sydney on your side ensures that fault is assessed fairly and that your compensation is not unfairly diminished.
Are You Eligible To Make A Claim?
The Motor Accident Injuries Act, 2017 provides bicycle riders and their passengers with the right to claim compensation for injuries sustained if they are involved in a motor vehicle accident, provided it can be established that the accident was the fault of the owner or driver of the motor vehicle. When making a cycling accident compensation claim, the claim is brought against the CTP insurer for the vehicle at fault.
The purpose of the motor accident legislation is to, in theory, put the injured rider, and any passenger, in the position they would have been, or as close to that position as possible, had they not been injured.
What Is Your Next Step?
Once those who have been injured have received appropriate medical treatment, Brydens Lawyers should be consulted to determine whether a claim for compensation is available.
The team at Brydens Lawyers has over 50 years of experience in personal injury law and representing clients injured in bicycle accidents. We have the experience necessary to help our clients gather the evidence needed to successfully prosecute a claim and secure the maximum compensation to which they are entitled.
When Should You Consult A Lawyer About Making A Claim?
Strict time limits apply with respect to the lodging of a claim following your involvement in a bicycle accident if it involves a motor vehicle. These time limits are as follows:
The accident must be reported to NSW police within 28 days of having occurred.
If the bicycle accident occurred before 1 December 2017, then 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 occurring.
If the bicycle accident occurred after 1 December 2017, an Application for Personal Injury Benefits must be lodged with the CTP insurer for the vehicle at fault within three months of the accident.
It is critical that proceedings are commenced within three years of the date of the accident, otherwise the claim could be statute-barred.
If the claim to be brought on behalf of the injured bicycle rider, or their passenger, is prosecuted under the Civil Liability Act (NSW) 2002, then there are 3 years from the date of the accident in which to commence proceedings.
Why choose Brydens Lawyers?
If you are injured while cycling on the road, the consequences can be severe. Choosing the right legal team to handle your bicycle accident compensation NSW claim can mean the difference between a partial payout and the full compensation you are entitled to.
Over 50 years of legal experience: From CTP insurer disputes to council liability for road defects and e-bike accident claims in NSW, our bicycle accident lawyers have the expertise needed to build the strongest possible case among complicated claims processes.
Easy-to-understand advice: Being injured is stressful enough without having to decipher complex legal terminology. We explain where your claim stands, what you are entitled to, and what to expect at every stage in easy-to-understand language.
Confidential consultations: Everything you share with us is kept strictly confidential. We will listen to your situation without judgment, give you an honest assessment of your prospects, and never pressure you into a decision
No-Win, No-Fee* with bike accidents: The cost of legal representation should never be a barrier to getting the compensation you deserve. Our bike accident No-Win, No-Fee* policy means you pay absolutely nothing unless we successfully resolve your bicycle accident claim. (*Conditions apply.)
We speak your language: We are proud to employ a diverse, multilingual team who can discuss your case confidently in Arabic, Mandarin, Vietnamese and several other languages, so you always know exactly where you stand.
Start your bike accident claim now
If you have been injured in a cycling accident, do not wait; strict time limits apply. Our bicycle accident lawyers across Sydney and NSW have the experience to take the lead, gather evidence and liaise with insurers and parties involved so you can focus on your recovery and returning to your usual lifestyle.
Whether you were involved in a motor vehicle or motorbike accident, or need to make an e-bike accident claim in NSW, you can rely on Brydens Lawyers to secure the maximum compensation you deserve. Book a free*, no-obligation consultation online or call 1800 848 848 to start your claim.
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