Bicycle Accident Lawyer | Your path to recovery

Q: Can I make a CTP Claim even if I am at fault?

According to the Motor Accident Injuries Act 2017 , for the first 52 weeks, it doesn’t matter who caused the accident. This means that cyclists who are most at fault are still eligible to receive compensation for the first 52 weeks. Once the 52 weeks have passed, then statutory benefits to the cyclist will cease. This ensures that everyone involved in the bicycle accident is supported. So if you are at fault, be sure to still reach out to us to lodge a claim as you may still be eligible for benefits. However, if you are at fault and you’re not insured, then unfortunately you are not eligible for compensation.

Your Compensation is our Reputation

Every year in Australia, at least 40 cyclists are involved in fatal bicycle accidents. In 2023 alone, 46 road deaths involving cyclists were recorded. As you can see, cyclists are generally at a high risk for injuries from accidents on public roads.

If you’ve been involved in a bicycle accident caused by a car, bus, truck, tram, or train, you may be eligible for compensation for injuries and loss of income. Alliance Compensation & Litigation Lawyers has an expert team to help you get the compensation you deserve.

Involved in a Cycling Accident? Follow these steps

If you’ve been injured in a cycling accident you may be eligible to receive compensation. Follow the steps below to increase your chances of receiving maximum compensation:

Gather evidence of your cycling accident:

If you’ve not sustained serious injuries, collect as much evidence from the scene as you can. Record the car’s registration details, take the driver’s contact information, and get any witness statements.

Seek medical attention for your injuries and receive a certificate of capacity:

Immediately go to a hospital and seek assessment from a medic. Make sure you keep all medical receipts and records of travel expenses associated with the treatment.

Report the accident to the police and receive a police report:

Report the bicycle accident to the authorities and keep copies of the police report.

Fill out an Application for personal injury benefits:

You’ll need to fill out personal injury benefits application form to get properly compensated.

Submit a CTP Claim to the CTP Insurer:

Bicycle accident compensations are made through the CTP insurer. Submit a CTP claim to ensure you get timely compensation.

Work with a Bicycle Accident Lawyer:

A personal injury lawyer will help you collect sufficient evidence, prepare paperwork, negotiate with the CTP insurer, and represent you in court.

Once the claim has been submitted, the insurer will contact you for any further information and assess your claim, which can take up to 4 weeks. If the insurer considers that you are eligible for compensation then benefits must be paid within 28 days of the decision.

You can definitely submit this claim on your own, however, if you do need assistance with this process our expert Bicycle Accident lawyers can provide you with guidance throughout your compensation claim.

Who can claim a Bicycle Accident Claim?

Any person injured in a bike accident can make a compensation claim based on the state the accident happened in and the circumstances surrounding the accident.

You can file for compensation for a bicycle accident caused by a car, truck, bus, train, or tram, under CTP. You’re still eligible for compensation even if the cycling accident didn’t involve a motor vehicle. This compensation is available via public liability.

Dependants of a victim involved in a fatal bicycle accident can also claim compensation.

If you’re not sure whether you’re eligible for bicycle accident compensation, reach out to Alliance Compensation & Litigation Lawyers and get a free claim assessment.

The different types of Bicycle Accidents that you can claim for

There are different types of accidents that could happen to you when riding a bicycle on public roads. Cyclists often reach out to us when they’ve been involved in the following but not limited to these types of cycling accidents:

Car-Dooring Accidents

Having someone open a car door on your way when riding a bicycle is a disturbingly common accident trend. These accidents known as “car-dooring” have injured many cyclists and passengers as well.

Accident due to negligent driver

Negligent drivers are a leading cause of bicycle accidents. Negligent drivers are likely to be distracted from the road by texting, talking on the phone, eating, fantasizing, or even driving under fatigue. Aggressive driving, tailgating, and driving under the influence also make up negligent driving.

Rear End Collisions

Bicycles don’t have rear-view mirrors. When cycling on a public road, you trust the driver behind you to leave enough space between you and the car. A rear-end collision will happen if the driver doesn’t leave enough space and hits you from behind. Rear-end collisions also happen when a cyclist fails to brake properly when approaching traffic. For example, if you don’t stop properly at a stop sign or red light, you’ll hit cars in front of you from behind. These forms of rear-end collisions may throw you off the bicycle and cause serious injuries.

Hit and Run accidents

If you’re unable to get the driver or motor vehicle’s details due to a hit-and-run bicycle accident, you’re still eligible for compensation through the Nominal Defendant Scheme.

Hitting into a turning car

Some drivers fail to indicate properly when turning at a junction or pulling out from the main road. These drivers can cause a left-cross or right-turn accident based on the side the cyclist hits.

Pothole accidents

Sometimes, a cycling accident is neither the cyclist’s nor the driver’s fault. Due to bicycles' light nature, they’re more likely to cause problems where there are road defects, such as uncovered potholes or loose chippings. Bicycle accidents caused by a motor vehicle are covered by the CTP insurance scheme. However, pothole accidents are covered by the local council or public liability insurance.

What Compensation am I entitled to for a Bicycle Accident?

It’s important to understand what are the different types of compensation you are eligible for if you’ve been injured in a Hit and Run accident. Below is a list of things that you can expect to claim:

Income support via weekly payments:

If you've lost income due to your motor vehicle accident, you may be eligible for weekly payments to help cover the loss of earnings during your recovery period.

Medical Expenses

This compensation covers the cost of medical treatment, including hospital fees, rehabilitation costs, and any ongoing healthcare needs resulting from the accident.

Pain and suffering:

If you've experienced significant pain and suffering due to your injuries, you may be entitled to compensation for the physical and emotional distress caused by the accident.

Commercial care & domestic assistance:

If your injuries require you to seek commercial care services or assistance with domestic tasks you can no longer perform, this compensation helps cover these additional expenses.

Permanent impairment:

In cases where the accident results in permanent physical or mental impairment, you may be entitled to an additional lump sum payment.

It’s important to note that if your injury is considered a threshold injury, you are only entitled to benefits for up to 12 months (excluding lump sum payment). If your injury is above the threshold then the duration you receive these benefits are extended.

Start your Bicycle Accident Claim with 3 quick steps

Our simple approach ensures that you receive an effective and professional service. We preserve your rights and entitlements to ensure a fair outcome.

Learning About all your Legal Issues

We take all details of your matter and identify all the legal issues to be addressed

Understand your rights, formulate a plan

We provide legal advice and formulate a plan to progress your matter

Execute our plan

We execute our plan, monitor the progress and strive for resolution of your matter

Why Choose Alliance Compensation & Litigation Lawyers as your Bicycle Accident lawyer?

We understand that dealing with the aftermath of a motor vehicle accident can be overwhelming. That’s why we’re more than just your lawyers; we’re your personal advocates for getting your life back on track. Our team has more than 14 years experience in the motor vehicle accidents space and have helped thousands of everyday Aussies with their claims.

Accredited Specialist

Our team includes accredited specialists in motor vehicle accident law, ensuring you receive top-tier, expert legal advice.

No Win no fee

With our 'No Win, No Fee' policy, you can have peace of mind knowing that our services are risk-free and focused on your success.

We come to you

Understanding your situation, we offer the convenience of coming to you, making legal support accessible no matter your circumstances.

99% win rate

This compensation covers the cost of medical treatment, including hospital fees, rehabilitation costs, and any ongoing healthcare needs resulting from the accident.

Meet your Bicycle Accident Lawyers

Sean Chen

Associate Solicitor

Lin Vay

CTP Claims Manager

Almz Al Janab

Paralegal

Read our client case studies

Injured Motor Vehicle Accident Claimant receives $540,000 settlement in 12 months

Settlement Of The Year? Motor Vehicle Accident Compensation Claim Settled For $840,000

SOUTH-WEST SYDNEY CLAIMANT RECEIVES $380,000

Frequently Asked Questions

What are the time limits to lodge a Cycling injury claim?

The time limit for submitting a bicycle accident claim is 28 days, it is highly recommended that you submit your Application for Personal Injury Benefits form to the insurer within that time frame. This will provide you with the optimal chances of receiving compensation earlier.

However, you can still submit this application within 3 months from when you’ve had the cycling accident. If you choose to submit your application later, then benefits such as weekly payments and medical expenses will only be paid from the date of submission, not the date when you’ve been incapacitated by the accident.

Can I still make a CTP Claim if I’m not insured?

In NSW, all vehicles are required to have Compulsory Third Party (CTP) insurance, also known as a ‘Green Slip’. This insurance covers claims for compensation for people injured in a motor vehicle accident, including drivers, passengers, pedestrians, cyclists, and motorcyclists.

This means if you’re not insured then you are not eligible to receive compensation under the NSW CTP Scheme.

Who pays me the Bicycle accident compensation?

The CTP Insurer will be making compensation payments to those who are injured in a cycling accident.

What if I disagree with the CTP insurers' decision?

If you disagree with the CTP insurers’ decision related to your claim you can request an internal review with the insurer. This request must be completed within 28 days of receiving your decision from the insurer.

In such cases where you also disagree with the decision post-internal review then you can also make an application to the Personal Injury Commission to get a further independent review.

Our expert lawyers can assist you with these processes.

How long after a Bicycle accident can you claim compensation in Australia?

To receive Statutory Benefits you must submit a claim within 28 days of your bicycle Accident. As stated by SIRA, you have until 3 months after the crash to submit a claim, but it is advised that you submit your claim as soon as possible.

If claims are submitted after 28 days, you may need to provide an explanation to the CTP insurer for your delay.

Can I make a CTP Claim even if I am at fault?

According to the Motor Accident Injuries Act 2017, for the first 52 weeks, it doesn’t matter who caused the accident. This means that cyclists who are most at fault are still eligible to receive compensation for the first 52 weeks.

Once the 52 weeks have passed, then statutory benefits to the cyclist will cease. This ensures that everyone involved in the bicycle accident is supported. So if you are at fault, be sure to still reach out to us to lodge a claim as you may still be eligible for benefits.

However, if you are at fault and you’re not insured, then unfortunately you are not eligible for compensation.

Should I use a Bicycle Accident Lawyer for my claim?

Being involved in a cycling accident can be a very stressful period in your life. The last thing you want to deal with alongside your recovery is to gather all the required documents and evidence needed to submit a compensation claim. In such cases, hiring a Bicycle Accident lawyer can prove to be a wise move to reduce the burden and allow you to gain confidence that your claim will be looked after.

The benefits of hiring a bicycle accident lawyer don’t just end once you’ve submitted the claim. We will also support you and represent you in cases the decisions made by the CTP insurer are not favourable for you. A bicycle accident lawyer will provide you with the legal guidance needed to ensure that you receive maximum compensation.

We also ensure that no stones are left unturned, as we also look into opportunities where permanent impairment is present which can also result in an additional lump sum payment alongside your usual statutory benefits.

Finally, here at Alliance Compensation & Litigation Lawyers, we operate on a No-Win-No-Fee structure, meaning if you are not successful in your claim you don’t pay a single cent. In cases where the claim is worth less than $75K, upon a successful claim, the CTP insurer will cover 100% of the cost.