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Understanding motorcycle accident claims

Motorcycle accidents are among the most serious on the road, often resulting in severe and life-altering injuries. That’s why it’s essential to secure the right compensation. That’s where a motorcycle accident claim comes in.

A successful claim does more than just cover your medical bills — it may include financial support for lost wages, pain and suffering, and the overall impact of the injury on your life. Your exact entitlements depend on a few factors, including your state, whether you were at fault and if your injuries are permanent.

Keep reading to learn more about motorcycle accident claims, including what claims you’re eligible for and how much compensation you could receive. If you’d rather get expert advice right away, reach out to our motorcycle accident lawyers for a free consultation.

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Types of motorcycle accident compensation claims

The most common motorcycle accident claims are CTP claims and common law damages claims. These are both types of motor accident claims that offer compensation for people injured on the road.

Importantly, you can claim motorcycle accident compensation no matter how you were injured. This includes accidents where you were:

  • Rear-ended by a car.
  • Hit by a driver failing to give way.
  • Injured due to poor road conditions, such as potholes or debris.
  • Injured by another driver’s negligent or aggressive driving.
  • At fault for the accident or no other vehicle was involved.

CTP motorcycle accident claims

If you’ve been in a motorcycle accident, you may be able to make a claim through your Compulsory Third Party (CTP) insurance. It’s also known as a ‘Green Slip’ in NSW. This insurance helps cover medical expenses, lost income, and long-term care if your injuries are severe.

In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can claim basic CTP compensation regardless of who caused the accident. However, in Queensland, South Australia, and Western Australia, you’ll need to prove that another driver was at fault to receive motorcycle injury compensation.

Common law motorcycle accident claims

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

Unlike standard CTP compensation, this type of claim covers the full financial, emotional, and psychological impact of your injury. Depending on your state, you may need to meet a minimum level of impairment before making a common law damages claim.

To find out if you’re eligible for a common law claim, chat with one of our motorcycle accident injury lawyers today.

How much compensation do you get for a motorcycle accident?

In NSW, the motorcycle 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, your compensation is based on the severity of your injuries. These are typically classified into two categories: threshold injuries and non-minor injuries.

These include injuries like:

  • Soft tissue injuries (e.g. whiplash).
  • Minor psychological injuries (those not considered psychiatric illnesses).

If you’re diagnosed with a threshold injury, you’ll receive weekly payments to cover:

  • Lost income (if you’re unable to work).
  • Hospital, medical, and rehabilitation expenses.
  • Domestic care (whether provided by professionals, friends, or family).

These are more serious injuries, including:

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

Motorcycle accident injuries often fall into this category. If you’re diagnosed with a non-minor injury, you’ll receive weekly payments to cover:

  • Lost income.
  • Hospital and medical expenses.
  • Rehabilitation and domestic care costs.

Common law damages claims

Depending on the severity of your injuries, you may be entitled to compensation for:

  • Lost earnings.
  • Loss of future earning capacity.
  • Pain and suffering.
  • Reduced life expectancy.

Since non-economic losses don’t have a set dollar amount, your settlement could be a significant lump sum.

To learn more about what you’re entitled to, check out our comprehensive motor accident compensation guide.

Working with an experienced motorcycle accident lawyer ensures you get the maximum compensation for your claim. We’ll use top medical experts to ensure your claim fully reflects the impact of your injury on your health, finances, and future. And if your insurer tries to shortchange you, we have the experience and resources to fight for the full motorcycle accident compensation you deserve.

What other motorcycle accident claims could I have?

On top of your CTP and common law claims, you could also be eligible for other types of motorcycle accident claims.

If your crash happened while you were working or commuting, you could also have a workers compensation claim. On top of that, you may be eligible for income protection payments through your super while you’re off work recovering. And if your injuries are permanent, you may even qualify for a Total and Permanent Disability (TPD) claim.

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

  • Lost earnings: up to 95% of your pre-injury income through weekly payments.
  • Medical and hospital expenses: covering treatments, surgery, and medication.
  • Rehabilitation and support services: including counselling and therapy.
  • Travel expenses: for medical appointments or rehabilitation.

If your injury leaves you with permanent impairment, you could also receive an additional lump sum payment. Most states have a minimum level of impairment you must meet before claiming — for example, in NSW, you’ll need over 11% Whole Person Impairment (WPI) to qualify.

And if your accident was caused by your employer’s carelessness or negligence, you could have a workplace common law damages claim. These offer much larger payouts than workers compensation claims, so it’s always worth discussing your eligibility with an expert motor accident lawyer.

Want to know if you qualify? Check out our guides to common law damages and lump sum workers compensation, or get in touch with our lawyers for free advice today.

If your motorcycle accident has left you temporarily unable to work, you might be eligible for income protection payments through your super policy. Depending on your coverage, you could receive:

  • Regular payments (usually monthly) to help replace lost income.
  • Up to 75% of your pre-injury earnings, including super contributions.
  • Support for a set timeframe, such as 2 years, 10 years, or even until retirement.

Not sure if you’re covered? Our motor accident compensation lawyers can review your policy and explain what you’re entitled to.

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

Unlike income protection or workers compensation, a TPD benefit is a lump sum payment designed to secure your financial future and cover long-term needs. TPD insurance is often automatically included with super policies, so you may already be covered without knowing it.

Motorcycle accident compensation examples

Check out some of our recent motorcycle accident compensation payouts to see how we’ve helped clients secure the settlements they deserve.

Ryan won 2 claims after a motorbike accident left him with catastrophic injuries

At just 26, Ryan was severely injured in a motorcycle accident. He suffered a degloving injury and compound fractures to his left foot, which required multiple surgeries and amputations. He was unable to work or care for himself, so we filed a workers compensation claim to cover his lost wages and medical expenses. We also pursued a motor vehicle accident claim to secure compensation for his ongoing care.

Through careful preparation, including expert medical reports, we negotiated a settlement with the car driver’s insurer, avoiding a lengthy CARS hearing. Ryan was awarded $1 million for past and future income loss, medical treatment, domestic assistance, and pain and suffering, ensuring his financial future and lifelong care.

Read Ryan’s full story here

Vera secures large payout for motorbike accident on the way to work

Vera was severely injured in a motorcycle accident on her way to work. The injuries, including pelvis and wrist fractures, and a groin laceration, affected her ability to perform her job and led to ongoing psychological issues.

Through detailed medical evidence and expert reports, we built a strong case demonstrating the impact the injuries had on Vera’s life. In the end, she was awarded a substantial payout of $820,000 — enough to cover her lost income and future needs.

Read Vera’s full story here

How to claim compensation for a motorcycle accident

The process for making a motorcycle accident claim varies depending on your location and whether you’re at fault.

If you caused the accident and live in a state where at-fault claims are allowed, you’ll need to file the claim with your own insurer and provide necessary documentation, such as medical reports.

If someone else is at fault, the process will be slightly different:

Before you start your motorcycle accident claim, it’s a good idea to speak with a specialised motorcycle accident lawyer. We can assess your potential compensation and help identify any additional claims, such as workers compensation or TPD.

This ensures you receive the maximum compensation possible for your injuries. In a free consultation, we’ll guide you through the process and give you a clear understanding of your rights and entitlements.

To support your motorcycle accident claim, gathering expert evidence is crucial. For fault-based CTP claims, you need proof of both your injuries and the other party’s responsibility.

Our motorcycle accident lawyers work with a network of medical and liability experts to build you a strong, evidence-backed case. We cover all upfront expert costs, so you won’t pay anything unless we win your case.

Once you have gathered enough evidence, your motorcycle accident lawyer will help you file your CTP claim with the at-fault party’s insurer. If you qualify for a common law damages claim, they will also begin court proceedings at this stage to pursue further compensation.

The insurer will notify you about the status of your claim. If it’s approved, you should start receiving weekly payments right away. If your claim is denied or you’re offered less compensation than expected, your motorcycle accident lawyer will help you challenge the decision and appeal the insurer’s offer.

If a common law damages claim has been filed, you’ll need to attend a mandatory pre-court mediation with the insurer. To make the process as smooth as possible, your motorcycle accident lawyer will handle all negotiations. With our expertise and preparation, most cases settle at mediation. However, if the insurer still refuses to offer fair compensation, we are prepared to take your case to court for a resolution.

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

Motorcycle accident claim FAQs

  1. Get medical help: first things first, take care of your health. Even if your injuries seem minor, get checked out — your medical records will be important for your claim later.
  2. Talk to witnesses: if there are any witnesses around, chat with them and jot down their details.
  3. Get photos: take as many photos as you can of the scene, vehicles, and all damage.
  4. Report it to the police: make sure you file a report with the police within 24 hours of the accident.
  5. Call a motorcycle accident lawyer: it’s a good idea to speak with a motorcycle accident lawyer. We can offer you a free consultation to guide you on your rights, the next steps and how to get the compensation you deserve.

Typically, it takes around 12 to 18 months to get your motorcycle accident compensation, but this can vary depending on your specific case.

Factors like the severity of your injuries, the type of treatment you need, and whether your condition has ‘stabilised’ all play a part. ‘Stabilised’ means your condition has reached maximum medical improvement and won’t change with time or further treatment.

It’s important to wait until your injuries are fully stabilised before accepting any offers. That way, you won’t risk settling for less than you truly deserve.

Yes, time limits apply to all motorcycle accident claims. The exact limit depends on which state you’re in:

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 your state’s deadline for filing a claim, don’t stress — there are still options available. Our experienced motorcycle accident lawyers understand the specific time limit exceptions in each state and can assist in requesting an extension on your behalf. We’ve helped many clients successfully navigate delayed claims, ensuring they still get the compensation they deserve.

The cost of your motorcycle accident claims varies depending on things like the severity of your injuries and the type of claims you’re making. However, one thing remains the same — you’re always protected by our No Win No Fee guarantee.

This means we cover all upfront costs, and you won’t pay a cent until we win your motor accident claim. Our fees are also capped at 30% of your compensation — well below the 50% that many other firms charge. In many cases, we recover our fees from the other party, so you keep more (if not all) of your compensation.

And because we believe in transparent pricing, we’ll provide a full cost breakdown before starting work on your claim.

Get in touch with our motor accident lawyers today for a free cost estimate. Find out what you’re entitled to, how much we’ll charge, and the best way to secure maximum compensation.

When you file a motorcycle accident claim, you’re not just looking to cover medical bills or lost income. You’re also dealing with the emotional and physical toll of the injury. That’s where pain and suffering compensation comes in.

It covers everything from the physical pain you’re in, to the emotional struggles like anxiety or depression, and even the things you can no longer enjoy in life. This type of compensation doesn’t have a set dollar amount, meaning it can be a significant settlement depending on the severity of your condition.

To learn more about how pain and suffering damages are calculated, head to our total guide.

Motorcycle accident claims cover personal injuries, not damage to your bike or possessions. For damage to your motorcycle or items, you would generally need to file a claim through your own insurance. In some cases, your insurer may also help cover ongoing medical treatment while you wait for the claim to be processed.

While you can handle a claim on your own, a specialised motor accident lawyer ensures you get everything you’re entitled to.

Insurers often treat unrepresented claimants unfairly, pressuring you to settle for less or demanding unreasonable evidence. A skilled motorcycle accident lawyer can fight these tactics and make sure you receive fair compensation.

Here’s what they will do:

  • Evaluate your claim and provide guidance on its worth.
  • Prepare your case to get the maximum payout.
  • Challenge the insurer’s medical and other evidence.
  • Advise on the best strategy if the settlement is unfair.
  • Identify additional claims you may be entitled to.

With a No Win No Fee guarantee, there are no upfront fees, and you only pay if we win your case. Make sure to speak to a motorcycle accident lawyer before accepting a settlement — once you sign the agreement, you can’t reopen the case.

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Monaco helped me get much more compensation than I expected.

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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I am forever thankful! God bless you for being there for me whenever I called.

Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

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I'm glad my friend recommended Monaco. I was happy with the result.

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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The bill? Surprisingly reasonable, less than expected.

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My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

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What makes us the best motorcycle accident lawyers?

If you’ve been injured in a motorcycle accident, getting basic CTP compensation is pretty straightforward. But this doesn’t account for the full impact of the injury on your life. That’s where our motor accident injury lawyers come in.

We use proven legal strategies and expert medical evidence to prove the other party’s liability — even in the most complicated motorcycle accident cases. We’ll also explore any extra claims you may have, including workers compensationcommon law and TPD. This approach ensures you get the most possible compensation for your motorcycle accident injuries.

Speak to us today for free advice on your motorcycle accident claim. Discover how much compensation you could get and whether you’re eligible for any other claims.

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