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Want to learn more about your rights after being injured in a bicycle accident? We provide information on how the law operates and what your rights are below. Call now to get free initial injury compensation advice from our specialist bicycle accident injury lawyers, with no upfront costs and a 30 day free-trial period.
When accidents occur through the fault of another person then the law of negligence can apply and give rights to compensation for the injured person.
Other forms of insurance claims can exist (such as sports insurance, event-related insurance (eg in the lead-up to a triathlon or cycling event), trauma insurance, income protection insurance and so on). They are separate insurance claims and not governed by the law of negligence.
Negligence claims create a right to compensation for losses suffered after a bike accident injury.
The system in Queensland is not a no-fault scheme. It is governed by the law of negligence. To have a viable claim you need to prove:
Good evidence is needed to establish that. A claim is then made against the at-fault person's insurance company.
Yes, absolutely, provided that the collision was the fault of the driver. Every vehicle registered to drive on the road in Queensland has compulsory third party (CTP) insurance which is built in to the cost of registration.
This insurance is in place specifically to cover the personal injury loss or damage caused by a driver or other person who is at fault. What this means is that if you are hit by a car, you can make a claim for the costs incurred by your injuries and any other loss suffered through the driver’s CTP insurance provider.
It does not cover damage to your bicycle though. While the same law of negligence applies, a different insurance policy of the at-fault person will apply. Both types of claim can be brought separately against the different insurers.
You have the right to bring the claim yourself or to seek the assistance of a lawyer who is experienced in personal injury law who will be able to take the steps needed to ensure you receive the appropriate compensation for the injury and loss suffered.
Get free initial advice from one of our no win no fee lawyers today.
The type of injuries from car and road accidents that are covered include:
If you work in a job where your cycling injury impacts on your ability to work or you incur medical costs then you have the right to bring a claim for injury compensation.
Contact us now for a free initial consultation with our expert motor vehicle accident lawyers. Our claims are run with no upfront costs on a no win, no fee agreement.
Yes. You have a right to claim those costs from the at-fault person. You can also claim the cost of replacing damaged helmet, clothes, cycling equipment and so on.
The same law of negligence that applies to injury claims is equally applicable to damaged property. Teh key difference is the insurance coverage. CTP insurance only covers losses arising from injuries.
Any property damage would typically be covered by a person’s own vehicle insurance, house & contents policy etc depending on what occurred.
Some of the most common causes of accidents between cyclists and vehicles that can lead to a viable claim for bicycle injury compensation include:
You need to prove that the at-fault person fits within one of those categories or was otherwise at fault to be able to exercise your rights to bring a a viable injury compensation claim.
We offer a free initial consultation and no win no fee services in appropriate cases.
Other types of cycling or e-bike accidents that can give rise to a right to make a bicycle injury claim include accidents caused by:
Yes. If you were injured by a cyclist or rider of an e-bike you have a right to make a claim for injury compensation.
Generally speaking, CTP insurance would not apply but other forms of insurance could.
When you are injured in Queensland there are certain legal time limits that apply, and which dictate when you can make a claim for compensation. Generally, if you have been injured you have three years from the date of your injury to commence your claim for compensation. In very limited cases it is possible to seek an extension of this time. It is important that you seek legal advice as soon as reasonable when injured, to ensure that you are able to move forward with your claim.
However, if your bicycle injury claim arises because of a hit and run accident (and no one is able to assist you in identifying the at fault vehicle) then you only have 9 months from the date of the incident to notifying the Nominal Defendant (the body responsible for responding to claims brought against unidentified vehicles). This time limit is absolute and cannot be extended even by a court.
Because of the time limits that apply, it is important you take legal steps as soon as possible.
Get free initial advice from one of our no win no fee lawyers today.
A claim will generally take between 12-18 months, but will vary depending on a range of factors.
Things like how clear the issue of fault is, the seriousness and/or complexity of injuries, the rate and stage of recovery, the number of potentially at-fault parties, whether all witnesses can be found quickly, he level of pre-existing medical conditions and medical records and so on can all play a role in the length of time for your bicycle injury claim.
Every person’s circumstances are unique and because of that so too are the legal claims.
When injured in a bicycle accident you will be able to claim for personal injury loss or damage suffered.
The most common categories of compensation are:
When assessing your compensation, assessors will look at the path your life would have taken without the injury and will assess how the accident has altered your life in the future.
CTP insurance means compulsory third party insurance and forms part of the vehicle registration requirements in Queensland.
If a driver is negligent and a claim is made against them, it is the CTP insurer of that vehicle which responds to the claim. Everything is handled between the motor vehicle injury law firm acting for the injured party and the CTP insurer. The at-fault driver is not left out of pocket.
Note: CTP does not cover third party damage to other vehicles or property.
Car dooring is a terrifying experience where the driver or rear right-hand passenger of a parked car unwittingly opens their car door into your path. You are either stopped in your tracks or jettisoned over the door (or worse, into traffic).
If you are injured after such an event then it is an action that would likely form the basis of a claim in negligence against the driver and form the basis of your right to seek compensation.
Yes, it is. We recommend reporting any instance of dooring to the police to ensure that you are protected in the event of needing to make a claim for compensation.
The person who wrongfully opened the car door will likley be found to be at fault (which the vehicle’s insurer will cover). That wrongful act will form the basis of the negligence claim for bicycle injury compensation.
Contact us now for a free initial consultation with our specialist bicycle accident lawyers. Our claims are run with no upfront costs and can be eligible to be on a no win, no fee agreement.
If a car turns into you when you're cycling and you are injured that will create the foundation for an injury claim. It is a claim in negligence. The CTP insurer of the at-fault vehicle will cover the cost of the claim.
Contact us now for a free initial consultation with our motor vehicle accident lawyers who specialise in that area. Our claims are run with no upfront costs on a no win, no fee agreement.
Yes. We do help clients with claims involving damage to their bicycles and with their dealings with their insurer or another party. It is one of the areas of law we practice in.
We offer this service to any injured client who we represent.
If there is no injury claim we may still be able to assist.
