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Bicycle Car Accidents: Your Rights, Compensation Eligibility and Next Steps

2 May 2024

Even the safest, most careful bicyclists can find themselves in an accident — whether from being rear-ended, a close pass, dooring or similar. Around 7,000 cyclists are hospitalised yearly in Australia, and many more suffer injuries. If you’re one, know that you may be eligible for compensation.

This article covers bicycle accident claims, the eligibility criteria and your rights as a cyclist. It also details the legal process, types of compensation and more to help you better understand your legal options. For personalised legal advice, consider booking a free, no-obligation consultation with one of GMP Law’s compensation lawyers.

Quick Links

Bicycle accident claims: An overview
Understanding your rights as a cyclist: Five must-knows

Steps to take if you’ve been involved in a bicycle collision
How GMP Law can help

Bicycle accident claims: An overview

Motor vehicle accident claims don’t only involve cars, but also include bicycle accidents. In NSW alone, January 2023 to January 2024 saw 12,398 motor vehicle accident claims, with a total of $1.35 billion paid out in compensation.

Common ways that bicycle car accidents occur include:

Dooring, where a driver or passenger opens their vehicle door in the cyclist’s path.
Rear ending.
Collisions due to a give way failure.
Close passing.
Failure to observe stop signs or red lights by motorists.

All road users — cyclists and pedestrians included — have a legal duty of care that requires them to act responsibly to avoid causing harm to others on the road. Regardless of what injury you have sustained, demonstrating a breach of this duty of care is pivotal for a successful cycling accident claim.

Do you want to learn more about filing a compensation claim?

Call us for confidential, free legal advice.

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Understanding your rights as a cyclist: The must-knows

If you’re considering filing a bicycle car accident compensation claim, then you should be aware of the following rights you hold:

If you’ve become injured while cycling due to a driver’s negligence, then you can claim compensation for economic and non-economic damages:
- Economic damages refer to financial losses, such as medical bills, rehabilitation expenses and lost wages due to time taken off work.
- Non-economic damages refer to the psychological harm you’ve experienced from the injury, such as depression, PTSD or a general loss of life enjoyment.
If your injury is above threshold*, then you’re entitled to an additional lump sum payment.

Threshold* vs non-threshold injuries, and their impact on compensation

A threshold injury is typically less severe and may include minor soft tissue injuries, superficial cuts or bruises. These injuries generally don’t qualify for additional lump sum compensation beyond basic claims for medical expenses and lost income.

Non-threshold injuries, on the other hand, are more serious and include conditions like significant head injuries, spinal damages or other major trauma that can have long-term impacts on your health and lifestyle. Such injuries typically qualify for both ongoing compensation and lump sum payments to cover extensive medical treatments, long-term care needs and compensation for pain and suffering.

Alongside your injury’s severity, the other factors that impact how much compensation you’re entitled to include:

Your age.
Contributory negligence.
Financial losses.
Help you need at home.

Contributory negligence

Contributory negligence may throw a spanner in the works when it comes to proving negligence. This refers to any actions, or lack of actions, by the injured person that contributed to the accident.

In settlement negotiations, it’s common for the negligent motorist’s insurer to try to prove that you were partially responsible for the incident that caused your injury, resulting in you receiving less compensation. Provided that the driver is at fault, it’s the role of your legal representatives to ensure that this doesn’t happen, but instead, make sure your rights are protected and that you receive fair compensation for your injuries.

During your free consultation with one of our expert bicycle accident compensation lawyers, you can have a conversation about contributory negligence’s relevance to your case, or lack thereof. You can also have any questions you have answered and gain information on the best legal pathways forward for you.

Book an appointment with our expert team of compensation solicitors.

Call 1800 004 878

Steps to take if you’ve been involved in a bicycle collision

Here are the four steps to take if you’ve been involved in a bicycle car accident.

1. Alert local police of the accident

The sooner you can contact the police, the better. If you contact the police more than 28 days after the accident, you will either need to provide a justifiable reason for the delay or risk losing compensation. Moreover, prompt police contact is necessary as you’ll need a police event number to file your claim.

2. See your GP

Have your injuries tended to by a healthcare professional.

For your claim, however, a medical certificate attesting to your injuries is a prerequisite for a successful outcome. For your medical certificate, the State Insurance Regulatory Authority’s (SIRA) Certificate of Fitness is the optimal choice. While your GP will likely have access to this form, you can also find it here.

Ensure that your GP accounts for all injuries — physical and psychological. You can either initiate this on your own or have our team help you. Through our no-win, no-fee policy, we take on all upfront costs associated with your case. This includes your GP visits, as well as court fees, expert witness expenses, and others.

3. Contact the relevant insurer

Depending on your state, the claim should be filed within 28 days from the accident, or you risk losing some compensation. If you know the licence plate of the liable driver, you can then determine who the relevant insurer is to contact. Generally, those who live in:

New South Wales file through the Compulsory Third Party (CTP) insurance scheme, which is regulated by the State Insurance Regulatory Authority (SIRA).
Queensland goes through CTP insurance claims, as managed by the Motor Accident Insurance Commission (MAIC).
Victoria file through the Transport Accident Commission (TAC).

You can either file the claim yourself or have a solicitor file it for you. If you decide to work with a solicitor, they will handle the administrative side of your claim, ensure an optimal negotiation outcome and keep you informed at each step of the process. Moreover, as most cases are settled privately, your legal team will advocate and negotiate on your behalf within mediation sessions, aiming to reach a fair settlement without the need for court intervention. If litigation is required, they will represent you in court, presenting your case effectively to achieve the best possible outcome.

How GMP Law can help

If you’ve been injured in a bicycle car accident, reach out to GMP Law. The sooner you initiate your claim, the better chance we have at securing the maximum amount of benefits and compensation.

To help alleviate financial pressure, we offer our clients our no-win, no-fee policy. This means that we don’t get paid unless we win your case. We offer this because we’re confident in our ability to provide successful claims outcomes, as evidenced by our track record: We’re the leader in personal injury Australia-wide, having won an excess of $4 billion in personal injury compensation for clients.

Compassionate, competent, and committed legal services — our promise to you. Click here to book a free, no-obligation consultation with an expert bicycle car accident compensation lawyer.