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Understanding bicycle accident claims

A bike accident can leave you with serious, life-changing injuries, so it’s crucial to secure the full compensation you’re entitled to. That’s where a bicycle accident lawyer can help.

We’ll ensure your compensation goes beyond basic medical expenses — covering lost income, professional care, and the overall impact the accident has had on your life. Your exact entitlements depend on your state’s laws and whether you were at fault.

Read on to learn more about bicycle accident compensation claims, including eligibility criteria and your potential payout. If you’d rather speak with an expert bicycle injury lawyer about your situation, simply reach out today.

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After a bicycle accident, there are two main ways to claim compensation: a CTP claim or a common law damages claim. Each covers different losses, so understanding your options is essential to getting the full payout you’re entitled to.

Importantly, you can claim compensation for any kind of bicycle accident, including:

  • Car-dooring: if a driver opens their car door into your path, causing a collision.
  • Cyclist hit by a vehicle: accidents where a motor vehicle strikes you while you're cycling.
  • Driver negligence: incidents caused by speeding, distracted driving, or not yielding to cyclists.
  • Right hook: if a vehicle turns right across your path without signalling or checking for cyclists.
  • Inadequate road signage or hazards: an accident caused by things like potholes, poor road conditions or poorly marked bike lanes.

CTP bicycle injury compensation

If you’ve been in a bike accident, you might be eligible to claim compensation through your Compulsory Third Party (CTP) insurance. It’s also called a ‘Green Slip’ in NSW. This coverage helps with medical costs, lost wages, and even long-term care if your injuries are serious.

In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can access basic CTP compensation no matter who was at fault. But in Queensland, South Australia, and Western Australia, you’ll need to prove another driver was responsible to get compensation for a bicycle accident.

Common law bike accident compensation

If you’re in a state that allows at-fault CTP claims and the accident wasn’t your fault, you could be eligible for a common law damages claim.

Unlike standard CTP payouts, this type of claim goes beyond medical bills and lost wages — it can cover the full financial, emotional, and psychological toll your injury has had on your life.

Importantly, some states require you to meet a certain level of impairment before making a common law claim.

Not sure if you’re eligible for bicycle injury compensation? Chat with one of our lawyers today for free expert advice.

Bicycle accident compensation calculator

Your bicycle accident compensation is calculated based on a few key factors, including:

  • How severely you’re injured.
  • Which state you’re in.
  • Your medical and rehab expenses.
  • Whether you’ve needed time off work.
  • Your future work capacity.
  • If you need at-home care and support.

Importantly, bicycle accident compensation works differently in each state, so it’s crucial to understand the rules that apply to your case.

In NSW, the type of bicycle accident compensation you can claim depends on whether you’re filing a ‘no-fault’ CTP claim or a ‘common law damages’ claim.

No-fault CTP claims

For a no-fault claim, the amount of compensation you can receive depends on how serious your injuries are. They’re generally split into two categories: threshold injuries and non-minor injuries.

These refer to less severe injuries, such as:

  • Soft tissue damage (e.g. whiplash).
  • Minor psychological trauma (anything that is not a ‘recognised psychiatric illness’).

If your injury falls into this category, you may be entitled to weekly payments that help cover:

  • Lost income if you’re unable to work.
  • Medical, hospital, and rehabilitation costs.
  • Domestic care, whether provided by professionals, friends, or family.

These cover significant physical and psychological conditions, such as:

  • Major physical trauma (e.g. broken bones, nerve damage, or brain injuries).
  • Recognised psychological conditions (e.g. PTSD, depression, or Generalised Anxiety Disorder).

If you’ve been diagnosed with a non-minor injury, you may be eligible for weekly payments to help with:

  • Lost income if you’re unable to work.
  • Medical and hospital expenses.
  • Rehabilitation and domestic care costs.

Common law damages claims

The level of compensation you may receive depends on how severe your injuries are. You could be entitled to:

  • Compensation for lost wages.
  • Future earning capacity if your ability to work is affected.
  • Pain and suffering damages.
  • Compensation for a reduced life expectancy.

Since non-economic damages don’t have a fixed dollar amount, your payout could be a substantial lump sum.

For a full breakdown of what you might be entitled to, check out our comprehensive motor accident compensation guide or chat with a bicycle crash lawyer today.

Getting the full compensation you deserve after a bicycle accident isn’t always easy, but that’s where we come in.

Our expert bike crash lawyers work closely with top medical professionals to ensure your claim fully reflects the impact of your injury on your life, from your health to your finances and future. And if the insurer tries to offer less than you’re owed, we have the skills and determination to fight for every dollar you deserve.

What other bicycle accident claims could I have?

In addition to your CTP and common law claims, you may be entitled to additional compensation.

If your accident occurred while you were working or commuting, you could have a workers compensation claim. You might also be eligible for income protection payments through your super while you recover. And if your injuries are long-term or permanent, you may qualify for a lump sum Total and Permanent Disability (TPD) claim.

If you were cycling for work or commuting when your accident occurred, you might be eligible for a workers compensation claim. This can provide crucial financial support while you recover, including:

  • Weekly payments covering up to 95% of lost income.
  • Coverage for medical expenses, treatments, and rehabilitation.
  • Travel reimbursements for medical appointments.

Plus, if your injury causes permanent impairment, you could get an extra lump sum payment. In most states, you’ll need to reach a minimum level of impairment before making a claim. For example, in NSW, you need to have at least 11% Whole Person Impairment (WPI) to get permanent impairment compensation.

If the car accident was caused by your employer’s negligence, you could make a workplace common law damages claim. These types of claims offer substantial, lump sum payouts — worth much more than your weekly workers compensation payments alone.

Want to find out if you’re eligible? Head to our guides to common law damages and lump sum workers compensation, or speak to a bicycle accident lawyer now.

If your bike accident has left you temporarily unable to work, you may be eligible for income protection payments through your superannuation. Depending on your policy, this could include:

  • Monthly payments to replace lost income.
  • Up to 75% of your pre-injury earnings, including super contributions.
  • Support for a set period—ranging from a few years to retirement.

Not sure if you’re covered? Our bicycle accident lawyers can review your policy and help you understand your entitlements.

If your bicycle accident has left you permanently unable to work, you may be eligible for a Total and Permanent Disability (TPD) claim.

Unlike income protection or workers compensation, TPD provides a one-time lump sum to help secure your financial future. Many superannuation policies automatically include TPD coverage, meaning you could already be insured without realising it.

What is the process for making a cycling accident claim?

The steps for filing a cycling accident claim depend on where you live and whether you were at fault.

If you caused the accident and your state allows at-fault claims, you’ll need to submit your claim to your insurer with supporting documents like medical reports.

If another party was responsible, the process will be a little different:

Before starting your bicycle accident claim, it’s worth speaking with a lawyer who specialises in these cases. During a free consultation, we’ll walk you through the claims process and give you a clear understanding of your rights and entitlements.

Your lawyer will also assess your potential compensation and explore any additional claims, such as workers compensation or TPD. This ensures you receive the maximum possible payout for your bicycle accident injury.

Strong expert evidence is key to building a successful bicycle accident claim ­­— especially for fault-based CTP claims, where you need to prove both the severity of your injuries and the other party’s fault.

Our bicycle accident lawyers work with top medical and liability experts to gather the evidence needed to strengthen your case. Plus, we cover all expert costs upfront, so you won’t have to pay anything unless we win your claim.

Once we’ve gathered enough evidence, your bicycle accident lawyer will help you file your CTP claim with the at-fault driver’s insurer. If you’re also eligible for a common law damages claim, they’ll also begin legal proceedings at this stage.

The insurer will let you know whether your claim has been approved. If it is, you should start receiving weekly payments right away. If your claim is denied or the payout is lower than expected, your bicycle accident lawyer will step in to challenge the decision and push for the compensation you deserve.

If you’ve filed a common law damages claim, you’ll need to attend a mandatory pre-court mediation with the insurer. Your bike accident lawyer will handle all negotiations to keep things as stress-free as possible.

With the right preparation, most cases are resolved at this stage. However, if the insurer refuses to offer fair compensation, we’re fully prepared to take your case to court and fight for what your case is worth.

The benefits of working with a bicycle accident lawyer

While you can manage a claim alone, working with a specialist bicycle accident lawyer ensures you get maximum compensation for your injuries.

In our experience, insurers often mistreat unrepresented people, offering low settlements and pressuring them to accept quickly. They may also request unnecessary medical tests or even deny your valid claim on unfair grounds.

When you work with a skilled bicycle accident lawyer, they will:

  • Assess your claim and provide valuable advice on what it’s worth.
  • Carefully prepare your case, ensuring you meet all requirements and time limits.
  • Challenge the insurer’s medical evidence.
  • Maximise your payout and challenge unfair insurer actions.
  • Identify all your additional claims, so you get the full compensation you deserve.

Plus, with our No Win No Fee guarantee, you can get all these benefits completely risk-free. Our bicycle accident lawyers cover all upfront costs and you pay nothing until we win your case. If we’re unsuccessful, you won’t pay a cent.

Finding a bicycle accident lawyer near you

With 29 offices across Australia, finding a trusted bicycle accident injury lawyer near you has never been easier.

Our offices are conveniently located in SydneyMelbourneBrisbaneAdelaidePerth, HobartDarwin and Canberra.

If you’re outside of a capital city, you’ll also find our bike accident lawyers in places like NewcastleAlbury, the Gold Coast, and Geelong. For your closest Monaco office, see our full list of locations.

Get to know some of our award-winning bicycle personal injury lawyers below.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English, Russian
  • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Vanessa Azzi
Senior Associate
  • English, Arabic
  • Motor Vehicle Accidents, Public Liability, Work Injury Damages
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Madeleine Jennings
Paralegal
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
Meet more of the team

Bicycle accident claim FAQs

  1. Get medical attention: even if you feel okay, see a doctor. Your health comes first, and the medical records will be crucial evidence for your bicycle accident claim.
  2. Gather witness details: if anyone saw what happened, get their contact information. Their statements are also essential supporting evidence for your case.
  3. Take photos: document everything — the accident scene, your bike, any injuries, damage, and the other vehicles involved.
  4. Report the accident: file a police report within 24 hours to ensure there’s an official record of the accident.
  5. Speak with a bicycle accident lawyer: in a free consultation, our lawyers will help you understand your rights and the best way to move forward with your claim.

You may be able to claim compensation for any condition caused by a bicycle accident. Some of the most common physical injuries from accidents include:

  • Back and spinal cord injuries.
  • Brain injuries.
  • Limb loss.
  • Chronic pain.
  • Mental health conditions like PTSD or depression.

This is by no means a complete list. If you developed a condition because of a bike accident, you may have a compensation claim. To find out if your situation qualifies, get in touch with our bicycle accident lawyers today.

You’ll need to make your bicycle accident claim within a set time limit. Each state has their own time limit, so it’s crucial to understand which applies to you:

NSW, QLD, SA, WA, TAS and NT3 years from the accident date
VIC6 years from the accident date
ACT13 weeks to 3 years depending on the type of claim

If you’ve missed the deadline to file a claim, don’t panic — there are still ways to move forward. Our experienced bicycle accident lawyers understand the exceptions to time limits in each state and can help you request an extension. We’ve successfully assisted many clients with delayed claims, ensuring they still receive the compensation they deserve.

Typically, most cycling accident claims take around 12 to 18 to finalise, but this varies depending on the specifics of your case.

The severity of your injuries, the type of treatment required, and whether your condition has ‘stabilised’ can all influence the length of your claim. ‘Stabilised’ means you’ve reached maximum medical improvement, and further treatment won’t significantly change your condition.

It’s crucial to wait until your injuries are fully stabilised before accepting a settlement. This ensures you don’t settle for less than what you’re truly entitled to.

The cost of your bicycle accident claim depends on factors like the severity of your injury and the type of claim you’re making. But with our No Win No Fee guarantee, one thing stays the same — there’s absolutely no risk. Our bicycle accident lawyers cover every upfront cost, and there’s nothing to pay unless we win your case.

Plus, our fees are capped at 30% of your compensation — far lower than the 50% some firms charge. In many cases, we recover costs from the other party, so you keep more of your payout.

We believe in full transparency, so we’ll give you a detailed cost breakdown before we start work on your claim. Contact our expert bicycle injury lawyers today for a free cost estimate.

Yes, you can dispute a Compulsory Third Party (CTP) insurer’s decision regarding your claim. The process and timelines for lodging a dispute depend on which state you’re in.

For example, in NSW, you’ll need to request an internal review within 28 days of receiving the insurer’s decision. The insurer will then reassess their decision and either uphold or overturn the decision.

If you’re unsatisfied with the internal review, you need to apply to the Personal Injury Commission (PIC) within 28 days of receiving the internal review outcome. The PIC will evaluate the insurer’s decision to ensure it’s legally and factually correct.

No matter what state you’re in, it’s essential to speak with a bicycle accident lawyer before disputing a denied claim.

With decades of experience successfully overturning rejections, we know all the time limits that apply in your state and exactly what evidence is needed to get your claim approved. If necessary, we can also represent you before the relevant state commission or tribunal, ensuring you have the strongest possible case.

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Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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They helped me juggle my injury claim and my mum's full-time care.

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Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

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Why choose our bicycle accident lawyers?

If you’ve been injured in a bicycle accident, getting basic CTP compensation is usually straightforward — but it often doesn’t cover the full impact of your injuries. That’s where our bicycle accident lawyers can help.

We use expert medical evidence and proven legal strategies to establish liability, even in the most complex cases. We’ll also explore additional claims, such as workers compensationcommon law and TPD, to ensure you receive maximum compensation for your injuries.

Voted ‘Compensation Law Firm of the Year in Australia 2020,’ we have the expertise to take on even the biggest insurers. Contact our bicycle accident lawyers today for a free claim assessment and find out what you can receive.

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