What incidents do motorbike accident claims in NSW apply to?
Motorcycle riders face a significantly higher risk of serious injury than other road users. When a motorbike accident occurs, injuries can range from minor to life-altering. NSW's motor vehicle accident claims scheme, administered through the CTP (Compulsory Third Party) insurance framework, provides cover for a wide range of motorbike accident injuries, including:
Collisions with cars, trucks or other vehicles Our motorbike accident lawyers in Sydney can help you if you were hit by another vehicle while stationary or moving. | Lane filtering and merging accidentsLane filtering is legal in NSW under certain conditions. However, negligent drivers can create serious hazards when they fail to check for motorcyclists when changing lanes or opening gaps in traffic. |
Unsafe road surfaces and poor infrastructure Not all motorbike accidents involve another vehicle. Councils and road authorities may be responsible for paying motorbike accident compensation if they failed to maintain safe road conditions and allowed potholes, oil slicks, and unmarked hazards to persist. | Dooring accidents Being hit by a suddenly opened car door is a serious hazard for motorcyclists travelling in or near parked traffic. Even at low speeds, dooring incidents can cause significant injuries and give rise to a valid motorbike crash claim against the at-fault driver. |
Pillion passenger accidents If you were injured as a pillion passenger, you are entitled to make a claim against the CTP insurer for the vehicle at fault, whether that is another vehicle or the motorbike you were riding on. | Hit and run accidents If you were injured and the at-fault driver cannot be identified, you may still be entitled to make a motorbike crash claim through the Nominal Defendant, a statutory body established specifically to handle claims involving unidentified or uninsured vehicles. |
No motorbike accident claim is too big or too small
Making a motorbike accident compensation claim can deliver far more than repairing a damaged bike. Compensation is available to cover medical treatment costs, rehabilitation expenses and lost income, whether you are employed, self-employed or unable to return to work at full capacity.
Whether you have suffered fractures, head and brain trauma, spinal injuries, road rash or soft tissue damage, a motorbike accident can have a lasting impact on your health, your livelihood and your quality of life. A successful claim for motorcycle accident compensation in NSW ensures you are not left bearing the financial consequences of someone else's negligence.
Not sure if you can claim? Call us now on 1800 848 848 to find out where you stand.
What damages are you able to claim for motorcycle accident injuries?
For motorcycle accidents, compensation may be claimed under the following headings:
Medical expenses (past and future): You may make a claim if you require, or will require, treatment for the injuries that you have sustained. This includes the cost of attending a doctor or specialist, physiotherapy, counselling, surgical procedures and hospital fees for accidents occurring before 1 December 2017.
Lost income and future earning capacity: You may make a claim for economic losses that have resulted from the injury sustained. If the losses will be carried on into the future after the resolution of your claim, these losses 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.
Care support or assistance: If your injuries have left you unable to manage everyday tasks at home that you were previously able to perform yourself, you may be entitled to claim for the cost of care and assistance. What you can claim depends on when your accident occurred:
On or after 1 December 2017: You can claim for the cost of commercial care providers engaged to assist you at home. There is no entitlement to claim for the value of care and assistance provided voluntarily by family members or friends.
Before 1 December 2017: In addition to commercial care costs, you may also be entitled to claim the value of voluntary care provided by family members or friends, provided that assistance has been given for a minimum of six hours per week over a period of at least six months.
Pain and suffering: If your injuries have caused significant pain, suffering or loss of enjoyment of life, you may be entitled to claim non-economic loss damages. However, a threshold applies; your injuries must be assessed as resulting in a whole-person impairment (WPI) of greater than 10% before this type of claim can proceed, whether your injuries are physical or psychological in nature.
Are You Eligible to Make A Claim?
Motor accident legislation provides cover for motorbike riders and their pillion passengers to claim compensation for any motorcycle accident injuries sustained as a result of an accident that was not their fault.
Motorbike Drivers
A motorcyclist injury lawyer can help you pursue a claim against various parties who were negligent in their behaviour and those who have a duty of care to you. This includes:
At-fault vehicle drivers who ignored safe driving rules and caused an accident to motorbike riders while moving or stationary.
Local councils and road authorities who are responsible for maintaining safe driving conditions, and knowingly allowed potholes, oil slicks and other hazardous conditions to persist.
Employers bear a degree of liability for the couriers and delivery drivers they employ. If a person is injured while carrying out their professional responsibilities, they may also be able to lodge a workers' compensation claim concurrently.
Event organisers have a responsibility to group riders and competitive racers to design a safe course, marshall drivers and warn participants of hazards.
Pillion passengers
In the event that the motorbike accident is the fault of the rider and a pillion passenger is injured, then the pillion passenger is entitled to make a claim against the CTP insurer of the motorbike rider. The CTP insurer will protect and indemnify the motorbike rider for any claim brought by the pillion passenger.
The purpose of the motor accident legislation is to provide a level of cover sufficient to help a person restore their life to what it would have been had they not been injured. This is done by awarding compensation commensurate with the degree of injury sustained and the consequences of those injuries.
Can I make a claim if I was partly at fault?
Even if you believe you were partly at fault for the accident, you may still be entitled to make a claim. Fault is not always straightforward, and our motorbike injury lawyers can assess your specific circumstances. Contact Brydens Lawyers for a free* initial consultation to understand what damages you could recover. (*Conditions apply).
Why choose Brydens Lawyers?
A motorbike accident can leave you facing serious injuries, mounting medical bills and an uncertain financial future. Choosing the right legal team to handle your motorcycle accident compensation claim can mean the difference between a partial payout and the full compensation to which you are entitled. Here is what sets Brydens Lawyers apart.
Over 50 years of legal experience: From CTP insurer disputes and lane filtering liability to hit and run claims through the Nominal Defendant, our motorbike injury lawyers understand the full complexity of motorcycle accident compensation NSW claims. We know how insurers operate, how fault is assessed, and exactly what it takes to build the strongest possible case for you.
Easy-to-understand advice: Being involved in a motorbike crash is stressful enough without having to navigate confusing legal terminology. Our motorbike accident lawyers in Sydney will explain where your claim stands, what you are entitled to, and what to expect at every stage, in plain English, leaving no unanswered questions.
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 stand between you and the damages owed. Our No Win, No Fee* policy means you pay nothing unless we successfully resolve your motorbike crash 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 claim for motorbike accident compensation today
For more than 50 years, Brydens Lawyers have been prosecuting personal injury claims on behalf of clients who have suffered a motor vehicle accident, a hit-and-run injury or a bicycle and e-bike accident. With decades of expertise and experience behind us, you can trust our motorcycle injury lawyers to guide your claim through the legal process and manage disputes from insurers and other parties with ease.
Do not delay making a motorbike crash claim today; strict time limits apply. Contact Brydens Lawyers today by calling 1800 848 848 or book a no-obligation, free* consultation online and let us handle everything.
Start your claim now
