Motorcyclist Guide to Claiming Compensation After A Road Accident In Australia
Motorcyclist Guide To Claiming Compensation After A Road Accident In Australia
Important guide for motorcyclists in Australia who are seeking compensation after an accident. Make sure you are aware of the protocol around motor vehicle accident compensation.
Motorcyclists are often overlooked on the road. With a majority of people on the road driving bulky vehicles, it’s easy to feel intimidated as a motorcyclist and to become the victim of a road accident due to another's negligence.
The difference between a car accident and motorcycle accident on the road is huge, with motorcyclists having almost no protection from impact, leading to many life altering or even fatal accidents occurring more and more often. Just because motorcyclists have less protection in a physical sense, does not mean they don’t have the same legal protection that all road users share. If you are a motorcyclist that is seeking compensation following a road accident in Australia, read on for our comprehensive guide to maximising your chances of being successful.
There are many causes for unexpected motorcycle accidents on busy Australian roads, whether it is due to being rear ended by another vehicle, other drivers failing to check their blind spots or the sudden opening of car doors, you are still entitled to compensation if negligence is proven.
What Steps Should I Take After A Motorcyle Accident?
If you are involved in an accident and are able to function afterwards, there are important steps to take to ensure your claim is successful. These same steps should be taken by a next of kin if the accident is so serious that the motorcyclist is unable to do so themselves.
Examine Your Health And Safety
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.
Report The Accident To Authorities
Report the accident as soon as it happens. By creating a police record of the event as soon as possible you are providing yourself with more evidence, making your claim easier. If you don’t file a report and decide to do so after 28 days of the accident, you will be required to explain your late notification which may hinder your chances of a successful claim. To be on the safe side, report the accident ASAP and receive a case or reference number from the officer handling the incident.
Gather Details Of The Other Driver
Once you have alerted the police of the accident, you will have their assistance in identifying the other driver if you were a victim of a hit and run. If the driver is still around, the police can gather their information including their registration, their name and their insurance details.
Make An ‘Accident Notification’ Claim
This has to be done through the insurance company of the negligent driver, within four weeks of the event. This claim may provide you with up to $5,000 for various costs involved in the 6 months after the event happened.
Lodge A Personal Injury Compensation Claim
As well as the accident notification claim, you lodge this claim through the insurance company of the negligent driver, within 6 months of the event. This is for serious injuries and for cover that the $5,000 does not cover such as large medical bills or compensation for permanent damage.
What Compensation Are You Entitled To?
In most instances you could be entitled to compensation for a number of things involved in the accident.
- Medical Costs
- Replacement or Repair of your bike, and accessories that were affected in the accident
- Any long term expenses as a result of the injury (e.g. Wheelchair ramps, Private nurse)
- Income loss due to the accident
If you have not been the victim of a motorcycle accident and are reading this to educate yourself in case the worse was ever to occur, it’s important to be aware of ways to try and minimise injury and damage if an accident was even to happen while you’re on the road.
- Without question, wear your helmet at all times
- Always wear protective clothing that is designed to keep you safe as well as re-enforced boots
- Ride safe, be patient in traffic and keep a fair distance between other drivers keeping in mind their blind spots
- Regularly taking your bike in for checkups and scheduled maintenance
While following these simple but important steps to protect yourself while on the road, you are also helping your chances of claiming compensation as you are taking every precaution to stay as safe as possible, leaving you with minimal fault when in an accident.
Who Is Responsible In Compensating Your Claim
Every car owner Australia must have valid third party insurance in case of an accident affecting someone else on the road. Therefore, if you are injured while riding your motorcycle on any Australian road, you will be covered by the negligent driver’s insurance company.
Be aware that time restraints apply for claiming compensation after an accident. Don’t waste any time with your claim. By following the above mentioned steps carefully, you give yourself a better chance of your claim being successful.