Bicycling is becoming more and more popular as society encourages the use of more ecologically friendly modes of transportation. The majority of major Australian cities now have a vast network of bike lanes that allow riders to travel securely. But because there are more bike riders, car accidents are also more frequent. On Australian public roads, more than 1000 bikers sustain catastrophic injuries each year.
According to Queensland’s compulsory third-party (CTP) insurance plan, cyclists have the same rights and obligations as drivers, which means they are eligible to file a claim for compensation if they are hurt in a car accident.
However, due to their relative lack of protection, injuries received by cyclists in accidents can often be much more severe than those sustained by motorists. Insurance companies are also more likely to try and prove that a bicycle rider caused the accident by cycling in areas designated for motorists, failing to wear the proper safety equipment, or not exercising reasonable caution while on the bike when filing a claim. Similar to other drivers, bikers owe other drivers a duty of care to take reasonable precautions to prevent injury to others while cycling.
How do I make a claim if I’m injured while riding a bicycle
Queensland’s CTP programme offers coverage for accidents that occur on public roads. Cars driving in or over designated bicycle lanes, vehicles pulling out of driveways, and unexpectedly opening car doors are some of the common ways that cyclists get hurt on the road.A cyclist may be eligible to file a public liability claim on an insurance policy in addition to a CTP claim if the damage happened somewhere other than a road, such as in a collision with another unregistered bicycle, a pedestrian, or because of dangerous paths or bikeways.
There are a number of initial actions to be performed if you get an injury while biking. To determine the severity of any injuries, getting medical assistance should come first. Keep track of all medical expenses, including travel to and from appointments, and save all receipts and records for later inclusion with your claim.Since bicycles are frequently blamed for traffic accidents, it’s crucial to collect any evidence at the scene that backs up your case. In order to pursue a successful claim, you will need the names and contact information of any witnesses, information about the traffic and weather conditions at the time of the accident, pictures of the scene, and any accident or police reports.
It’s crucial to write down the licence plate number of the vehicle you think was at fault for the collision and, if you can, the driver’s CTP insurance. If taking this action at the scene of the accident is not possible, witnesses or the police might be able to help. A claim for compensation may still be submitted under the Nominal Defendant Scheme even if the driver cannot be found.The burden of proof for a CTP claim in Queensland falls on the rider to establish that the vehicle’s owner or driver was largely or entirely to blame for the injury.
What am I able to claim for?
Cycling accidents frequently result in more serious injuries for cyclists than for drivers. Common bike injuries include fractures, brain traumas, open wounds, and head, neck, and spinal injuries. These accidents can prevent a cyclist from working for a long time, which has a negative impact on their ability to support themselves and their family. Because of this, it’s crucial to speak with a compensation law specialist about filing a claim for past and future lost wages, past and future medical expenses, pain, suffering, and attendant care in order to determine how much compensation would be appropriate given the gravity of your injuries.
How long do I have to make a claim?
A cyclist who has been hurt must file a CTP claim within one month of the time they first spoke with a lawyer about the potential of doing so or within nine months after the accident, whichever comes first. You must give a good reason for the delay if the Notice of Accident Claim form is not submitted to the at-fault vehicle’s insurer within this time frame.The Nominal Defendant must receive the claim within nine months of the accident date if the accident was the result of an unidentified or uninsured vehicle; otherwise, the claim may not be allowed.Court procedures must be started within three years after the accident date if the claim for compensation cannot be resolved with the appropriate insurance.
Speak with our bicycle accident compensation specialists
Road accident compensation is our area of expertise at AMK Lawyers. We can assist you in gathering the necessary proof and determining the extent of your injuries if you are hurt while riding a bicycle and need it to support your claim. We are aware of the difficulties cyclists face in establishing the drivers’ fault and the likelihood that you have suffered a long-term harm. For a free consultation concerning your injuries, get in touch with our Gold Coast compensation attorneys right away.
