Are You Eligible To Make A Claim?
The Motor Accident Injuries Act 2017 provides bicycle riders and their passengers, 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 been provided with the proper medical treatment, Brydens Lawyers should be consulted to determine whether a claim is available for compensation.
The team at Brydens Lawyers has years of experience when it comes to personal injury law and representing clients who have been injured in a bicycle accident. Brydens Lawyers specialise in many different areas of law, including personal injury. If you’re seeking bicycle accident lawyers to help you with your claim, we can help you get the compensation you’re entitled to.
What Are You Able To Claim?
If you are looking to make a bike accident claim, compensation or damages may be claimed under the following headings:
Reasonable and necessary treatment expenses: If you require, or will require, treatment for the injuries that you have sustained, then you can claim for your medical expenses and treatment expenses. This includes the cost of attending a doctor or specialist, physiotherapy, counselling, surgical procedures and hospital fees.
Economic loss or losses of income: Any economic losses that have resulted from the injury you have sustained can also be claimed. If the losses will be carried on into the future after the resolution of your claim, then they can also be included in the claim at the time of its resolution. You can make such a claim whether you are employed or self-employed.
Care support or assistance: Depending on the severity of the bicycle accident injury that you have sustained, you may require assistance with tasks around the home that you were performing yourself prior to the accident. If you have received voluntary or paid care and assistance to help perform these tasks, then you may be able to make a claim for same. Because most people often need to rely on friends and family members for help with these tasks, the value of that voluntary assistance can be claimed. However, the voluntary care must meet certain thresholds imposed by the legislation. If reasonable and necessary, the claim for the value of care can be made also for the future. Such claims however are only available for persons injured in motor vehicle accidents prior to 1 December 2017 or in circumstances giving rise to a claim under the Civil Liability Act (NSW) 2017. No claim for the value of gratuitous family assistance or care can be made for injuries sustained in a motor vehicle accident that occurred on or after 1 December 2017.
Pain and suffering: You may be able to claim non-economic loss for pain and suffering damages caused by the injuries you have sustained. However, there are certain requirements and thresholds that must be met depending on the nature of the claim that is to be brought. If a claim is brought under the Civil Liability Act (NSW) 2017, in order to recover any damages for your pain and suffering, you need to establish that the injuries have been assessed at 15% or more of an extreme case. If the injury sustained arises from a motor vehicle accident, then in order to recover any damages for pain and suffering the injury must be assessed as having resulted in a whole-person impairment (WPI) of greater than 10%.
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 occuring.
If the bicycle accident occurred after 1 December 2017, then an Application for Personal Injury Benefits must be lodged with the CTP insurer for the vehicle at fault for the accident within three months of the accident occurring.
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 is 3 years from the date of the accident in which to commence proceedings.
Why Are Brydens Lawyers The Right Representation For You?
Brydens Lawyers have been prosecuting personal injury claims on behalf of clients for more than 50 years. If you have been injured in a motor vehicle accident, then the team at Brydens can help you receive the compensation that you are entitled to.
As accident lawyers with an extensive and successful history, we have been operating a “No Win – No Fee” policy. This means that if a personal injury or compensation client is unsuccessful in their claim, then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.
Bicycle accident claims, or any other type of car accident claims, are not always straightforward. To ensure you get the compensation you deserve, make sure you speak with the team at Brydens Lawyers.
If you have been injured and are looking to claim cycling accident compensation, then contact Brydens Lawyers today.
