ON-ROAD Bicycle Accident CLAIMS
Let us get you the compensation you deserve
Have you been injured in an on-road bicycle accident?
If you’ve been in a road accident while riding a bicycle, you may be able to claim compensation from the TAC regardless of who was at fault.
1: GET MEDICAL ATTENTION
Your priority is to seek medical attention from your doctor and report all injuries, no matter how minor they may seem.
Ask your doctor to complete a TAC medical certificate detailing all of your injuries, any limitations on your capacity to work and any treatment or services you may require for your injuries.
2: CALL THE TAC ON 1300 654 329 AND ASK TO MAKE A CLAIM.
Alternatively, you can call an expert bicycle accident lawyer like Carbone Lawyers, and they will handle the whole process for you – No Win, No Fee.
Who can claim compensation, damages or benefits?
- A cyclist injured riding on the road, dedicated bicycle path or shared pathway. This includes incidents of ‘dooring’ where cyclists hit the open door of a vehicle.
Injuries that are covered by compensation
A road accident is a traumatic and stressful event for the people directly involved and their loved ones. Injuries can be physical and psychological, and some can have a long-term impact on the quality of life. These include injuries such as:
- Spinal cord injuries
- Whiplash injuries to the head, face, neck, shoulders or back
- Numbness or pins and needles
- Lower back injury and sciatica
- Broken or fractured bones
- Brain injuries
- Soft tissue injuries
- Shock and psychological trauma
- Scarring
What compensation for a motorbike accident may cover?
- Doctor, hospital and ambulance fees and pharmaceuticals
- Rehabilitation and disability services
- Help to return to work or re-training
- Home and vehicle modifications
- Home help services like child care, cleaning, gardening and school tutoring
- Psychology and family counselling
- The cost of travel to and from medical appointments
- Travelling and accommodation expenses for a spouse / dependent children in certain circumstances
- Funeral expenses
- If your injury is severe and permanent, you may be entitled to compensation for pain, suffering, and permanent impairment.
Common law rights
In addition to your right to claim ‘No Fault Benefits,’ you may also be entitled to claim damages at common law. Damages include compensation for your pain and suffering, loss of enjoyment of life, and past and future loss of earnings.
The common law entitles you to claim damages if you can establish that:
- You have a ‘serious injury’ within the meaning of the law, and
- The accident was due to another party’s negligence or fault (at least in part).
Serious Injury
Before you can bring a common law claim, you must first satisfy the TAC or a Judge of the County Court of Victoria that you have suffered a ‘serious injury’. The Transport Accident Act defines serious injury as:
1. An impairment assessment of 30% or more made by the TAC or VCAT;
or
2. The TAC or a Judge of the County Court of Victoria grants you a ‘Serious Injury Certificate’ on the basis you have:
a) serious long-term impairment or loss of a body function (physical injury); or
b) permanent serious disfigurement (scarring); or
c) severe long-term mental or severe long-term behavioural disturbance or disorder (psychiatric or psychological injury); or
d) loss of a foetus.
Either or both an inability to perform your normal occupation (if applicable) and/or restrictions in your ability to carry out social and domestic activities are considered when determining whether your injuries are deemed to be serious.
Determining whether you fit within one or more of these categories requires a detailed analysis of the medical evidence in your case. Carbone Lawyers can guide you through this process from start to finish.
Time Limit
You have six years from the date of your injury to commence a serious injury application/common law claim by lodging a Serious Injury Application with the TAC.
See TAC Claims for more details.
We understand that if you are suffering from the trauma and pain of an accident, making a compensation claim may seem overwhelming or intimidating. Carbone Lawyers has experienced cycling accident lawyers who can handle every aspect of your claim and get you the compensation you deserve. And remember, our no win, no fee policy means no risk to you.
Suffered Another Type Of Accident?
FAQs on Bicycle Accident Claims
What is a 'dooring' incident and can I claim compensation for it?
A ‘dooring’ incident occurs when a cyclist collides with an open car door. Yes, you can claim compensation for injuries sustained in such incidents through TAC and, depending on the circumstances, may be able to pursue common law claims against the other party.
What constitutes a serious injury for TAC claims?
A serious injury in this context is defined as one where an assessment has determined an impairment of 30% or more, or a certificate has been issued for a long-term impairment, permanent disfigurement, severe psychological disturbance, or loss of a foetus.
What is the time limit for lodging a serious injury application?
You have six years from the date of injury to file a serious injury application or just 12 months from either the date of the accident or the date of the first injury appearing to lodge a primary claim for statutory benefits (medical expenses and weekly payments of compensation) with the TAC. It’s crucial to act promptly to secure your rights and using an expert bicycle accident lawyer for assistance is an excellent way to ensure you have the best chance at success for your claim.
Does TAC cover injuries in cycling events?
Generally speaking, official cycling events such as races aren’t covered by TAC for injuries that participants, spectators, or workers incur. There may be other insurances that apply, so contact the experts at Carbone Lawyers to discuss your individual circumstances.
Can I claim compensation if I was at fault in the bicycle accident?
Regardless of who is at fault, you will be eligible for compensation for any injuries incurred in a biking accident as TAC claims operate on a no-fault basis. There is some ambiguity when accidents don’t directly involve a motor vehicle, such as in cyclist-on-cyclist collisions or cyclist-and-pedestrian accidents, in either case, we recommend reaching out to the experts at Carbone Lawyers to know your rights to compensation.
