Cyclists can’t always foresee what other drivers are about to do. A bicycle offers no collision protection to its rider.

Some of the frequent types of bicycle accidents include:

• Intersection accidents
• Sideswipe accidents
• left-hand turn accidents
• Front brake lock / faulty design accidents
• ‘Dooring’ accidents

Bicycle Accident Lawyers can answer any questions you have about the claims process, explain how compensation is calculated, and our no-win no-fee terms.

All registered vehicles in Australia carry a policy of insurance to cover compensation to those they injure. This is called “third-party insurance” or “CTP insurance”. The companies in Queensland that insure vehicles against such claims include Allianz, RACQ, QBE and Suncorp.

Cyclists injured in a motor vehicle accident as a result of negligence may be able to claim damages (to the extent of their injury) from the third-party insurer of the person at fault. Third-party insurance doesn’t cover property damage to a vehicle (i.e. smash repairs). It only provides coverage for personal injury.

Motor vehicles are covered by policies of CTP insurance in all Australian states and territories. If an accident occurs in another state, the laws and procedures of that state’s motor accident compensation scheme will usually apply.

If the vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on the road or in a public place. Public places include locations like some beaches on which vehicles can be driven.

Sometimes “fault” (or negligence) is attributed to more than one person. For example, it may be distributed between two drivers or a driver and a pedestrian. If at-fault is attributed in some way to the person injured, this is referred to as “contributory negligence”. These cases may still be covered by CTP insurance.

Other Types of Vehicles

There are certain types of vehicles in Queensland that are not covered by CTP insurance unless an accident happens on the road. These vehicles include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles. For injuries caused by trailers, special rules apply. In some cases, the CTP insurer is the towing vehicle.

Accidents with work vehicles may require assistance from our workers’ compensation lawyers. Call our Bicycle Accident Lawyers, and we will help you today.

It all depends on the proportion of liability attributable to the at-fault driver, the extent of your injury and the quality of your evidence. The amount of insurance you are entitled to is also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

General Damages

General damages were intended to compensate for the pain and suffering you have endured and will endure in the future as a result of your injuries, as well as any permanent disability you’re likely to suffer.

General damages are now artificially reduced by legislation, and those awarded in Queensland can be quite trivial in comparison to what is awarded in other States. The most serious injuries, such as quadriplegia, are awarded around $150,000, and some reasonably serious back injuries get as little as $10,000.

Special Damages

These include:

• Expenses paid or incurred by you, including medical and pharmaceutical.
• Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.

Past Income Loss

You are entitled to claim any income you have lost as a result of the incident. If you weren’t currently working and the injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim for those situations.

Future Income Loss

You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the future. People who continue to work full-time can still recover future income loss on the basis they are at risk in the labour market when compared to able-bodied job applicants.

Domestic Assistance (paid and unpaid)

Domestic assistance you receive from friends, family members or care professionals following an accident is compensable in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other people if you intend to claim domestic assistance.

If you are looking to get a personalised assessment of your entitlement to compensation, contact our Bicycle Accident Lawyers and speak to one of our expert lawyers.

To assist Bicycle Accident Lawyers with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product that caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc., for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records. For sporting injuries, this includes club membership application forms and sign-in forms. For injuries in a car park or theatre, this includes the entry ticket
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and our Bicycle Accident Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Our Bicycle Accident Lawyers at Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

In most cases, bicycle accident claims are resolved before any court proceedings with a personal injury settlement. However, if your claim does go to trial, you may only need to attend if your presence is required to determine the outcome of the case.

In some cases e.g. interim applications for payment of rehabilitation expenses, Bicycle Accident Lawyers may be able to attend on your behalf.

Strict time limits apply to all bicycle accident claims involving motor vehicles. A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one month of the first consultation with Bicycle Accident Lawyers (which typically includes the date of your first telephone discussion) and no later than

• In the case of an unidentified vehicle being at fault – within three months of the date of the accident- see below;

OR

• For any other identified vehicles within nine months of the date of the accident.

If you fail to lodge your claim on time, you may still qualify for compensation. There is a provision for extending these time limits if you’re able to provide a reasonable excuse when submitting your NOAC, which our bicycle accident lawyers can help with.

As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the accident.

Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind). Don’t delay your right to claim compensation; speak to one of our Bicycle Accident Lawyers today.

Yes, but there are special procedures and time limits that apply to unregistered and unidentified at-fault vehicles.

Claims of this type are brought against the default insurer that goes under the name Nominal Defendant.

The time limit for giving a Notice of Accident Claim to the Nominal Defendant for an unidentified vehicle, e.g. in a hit-and-run, is three months. This can be extended up to 9 months if there is a reasonable excuse for the delay but cannot be extended at all after that time.

In the case of unregistered at-fault vehicles, the Notice of Claim must be given at least within nine months of the accident date, but if there is a reasonable excuse for the delay, this can be extended.

In all cases (except for children), proceedings must be started in court within three years of the accident date. The limitation period for children is up until the 21st birthday.

For claims relating to unidentified vehicles, there must be reasonable attempts made to ascertain its identity, e.g. a report to the police, taking down names and contact details for eyewitnesses and taking down vehicle registration numbers if possible.

Your unidentified vehicle Bicycle Accident Lawyers will be able to help.

After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny the fault. It varies from case to case, but it is important to note that finalising a claim too fast may be detrimental as the assessment of all your losses may not be assessable during the early stages.

Also, some claims may take a little longer for several reasons:

• Your injuries are too early to determine; a stabilisation period may be in effect.
• There may be instances where there are difficulties in negotiations between the insurer and our bicycle accident lawyers.
• There are delays in the court process.

Every claim is unique and can have its own difficulties and complexities. Our Bicycle Accident Lawyers will ensure you get the best outcome and receive the compensation to which you’re entitled in accordance with the law.

If you are unequivocally ‘at fault’ for the bicycle accident or no one was ‘at fault’, you may not be able to claim compensation. You can, though, in many cases, claim on your own insurance, such as that associated with superannuation and income protection.

If you are seriously injured due to a bicycle accident it occurred after 1st July 2016, you may also be able to access support, care and treatment through the National Injury Insurance Scheme Queensland.