How To Successfully Claim Compensation After A Bicycle Accident
As a cyclist, you have the same rights as drivers for compensation after a road accident. Follow our guide below for a successful claim.
Cyclists are easily the most vulnerable road users in New South Wales, especially in Sydney where they share busy roads with thousands of commuters every day. Often drivers forget they share the road with cyclists due to them being less visible to drivers. As well, cyclists have almost no protection from injury when involved in a collision, so when accidents do occur, injuries often are a result which allows for compensation claims to be made.
Cyclists have as much of a right as drivers when it comes to claiming compensation after an accident. If you have recently been the victim of a cycling accident whether it was with another cyclist or a motor vehicle, we have a comprehensive guide for you in order to receive the compensation you are entitled to.
What Common Occurrences On NSW Roads Cause Bicycle Accidents?
Accidents can happen for a number of reasons on NSW roads, but here are the most common practices which lead to collision with a cyclist:
- Cars suddenly pulling out of driveways
- Cars which enter into bike lanes
- Drivers who don’t give way to cyclists on busy roads
- Drivers who open their car door carelessly on busy roads
What Steps Should I Take To Claim Compensation After A Bicycle Accident?
The first priority after an accident is to ensure that everyone involved is okay. As soon as you can after the event, seek medical examination to spot any injuries or irregularities that were caused by the accident. Be sure to request and keep all medical certificates and records from your doctor as they will be vital to your claim later down the track.
See A Doctor As Soon As Possible
It is vital for not only your claim but your overall well being that if you find yourself in a bicycle accident, no matter how trivial, that you go to the doctor and receive a written diagnosis for any injuries. A written diagnosis from a medical professional will be the foundation of your injury compensation claim, so be sure to receive a thorough check up from your medical practitioner in order for the most appropriate payout.
Gather The Information Of The Person That Caused The Accident
If you are able to, as soon as the accident occurs gather the person’s name, insurance details and registration information. If there are witnesses, be sure to ask for a recollection of their version of events when the police arrive. If you are a victim of a hit and run, you can still claim compensation in accordance to the Nominal Defendant Scheme.
Make A Report Of The Road Accident To NSW Police
Report the accident, regardless of the severity as soon as possible. If you neglect to report the accident within 28 days, you will be asked to justify your decision to delay when making your claim. Like with your doctor, you will need a record of your case in the form of an ‘event number’ which will be required to fulfill your claim.
Lodge An Accident And Injury Claim
Both of these claims are lodged through the third party insurance provider of the negligent driver who caused the accident. It’s important to lodge these claims within 28 days of the accident. An accident notification claim can provide you with $5,000 for expenses up to 6 months after the accident whereas a personal injury claim is for when you expect you will require more than $5,000 in expenses and can also be claimed up to 6 months after the accident.
What Am I Eligible To Be Compensated For After A Road Accident?
- Medical expenses: Including hospital fees, ambulance bills and rehabilitation costs.
- Loss of Income due to injury
- Ongoing pain and suffering leading to a lower standard of living and enjoyment
- The costs of modifying your home to accommodate your injuries
What should I Do To Avoid Cyclist Accidents On NSW Roads?
When riding on NSW roads, especially in Sydney’s CBD, it’s vital that you take the necessary safety precautions including:
- Wearing a helmet, and any other relevant pads for vulnerable parts of your body
- Fitting your bicycle with reflectors and lights to stay visible to drivers
- Wearing fluorescent clothing for extra visibility on the roads
These precautions are vital for your safety while riding in Sydney and other areas of NSW. Drivers are often rushed and negligent to cyclists which can put you in danger if the right steps aren’t taken to protect yourself. By taking these steps you are also taking away any responsibility for your accident, leaving only a negligent driver to be at fault.
Who Will Pay Out My Compensation?
Every driver in NSW is required to hold third party insurance while on the roads. Therefore, if you are injured while cycling on NSW roads by a driver, their insurance company will be responsible in paying your compensation claim.
How Long Do I Have To Claim Compensation After a Road Accident In NSW?
You have a limited amount of time to make a claim for compensation after a road accident. Ideally you want to make your claim as soon as possible, and especially within 28 days of the incident to ensure the best chance of receiving the compensation you are entitled to.