Cyclist Accident Lawyer NSW

The CTP scheme covers people injured in accidents involving a motor vehicle. For cyclists, that includes being hit by a car, truck or bus, being forced off the road, and in many cases being struck by an opening car door. It generally doesn't cover a solo fall, or a crash with another cyclist, where no motor vehicle was involved.

Cyclists have very little protection, so injuries are often more serious than the damage to the vehicle suggests: collarbone and wrist fractures, shoulder and knee injuries, and head injuries.

Issues specific to cycling claims

• Dooring: being hit by a car door opened into your path is a common cycling injury. Whoever opened the door is usually responsible, but the claim needs the vehicle's details and good evidence.
• Fault and road position: insurers may point to lane position, speed, lights at night, or how you rode through an intersection. A share of fault can reduce damages, and being found mostly at fault rules them out.
• Helmets: not wearing a helmet can be raised as contributory negligence, particularly for head injuries.
• Evidence from your ride: helmet camera footage, GPS or cycling app data, and photos of your bike and the scene can help show what happened.
• Your bike and gear: CTP doesn't cover property. Damage to your bike, helmet and clothing is a separate claim against the at-fault driver or their insurer.

What a cyclist accident lawyer typically does

• Confirms a motor vehicle was involved in a way that brings the accident within CTP, and identifies the right insurer.
• Lodges the claim on time and makes sure the whole injury picture is recorded, not just the obvious fracture.
• Keeps weekly payments and treatment on track, including rehabilitation and return-to-work support.
• Responds to fault, helmet and road-position arguments with evidence.
• Challenges a threshold injury decision where the injury is more than soft tissue.
• Prepares a damages claim where one is open, and advises on any settlement offer.

Benefits, damages and time limits for cyclists

Most injured people can claim statutory benefits regardless of who was at fault: weekly payments for lost income, and treatment and care. For accidents on or after 1 April 2023, people with a threshold injury can receive these for up to 52 weeks after the accident. Fractures, ligament tears and nerve injuries generally fall outside the threshold, so if you weren't wholly or mostly at fault, benefits can generally run longer.

You may also be able to claim common law damages if the driver was at fault, you weren't mostly at fault, and your injury is more than a threshold injury. Make your statutory benefits claim as soon as possible, ideally within 28 days of the accident so weekly payments can be back-paid to the day after it. A damages claim must generally be made within 3 years.

Do you actually need a lawyer?

Not always. If the driver's fault is clear and accepted and you're recovering well, you may manage the statutory benefits side yourself. A lawyer is more useful when coverage is questioned (for example, whether a motor vehicle was involved in the right way), fault, helmet use or road position is argued, or your injury is more than soft tissue and damages may be open.

If you need treatment or a Certificate of Fitness first, start with a doctor. We can point you to doctors experienced with CTP claims and allied health such as physiotherapy.

Questions to ask a lawyer

• Is my accident covered by CTP, given how the motor vehicle was involved?
• Could anything about my riding or equipment reduce my claim?
• What should I do with my ride data and damaged gear?
• What will it cost, and will you put that in a written costs disclosure?

Costs

Our claim check is free, with no obligation. Many motor accident lawyers offer no win, no fee arrangements, which generally means you don't pay professional fees unless the claim succeeds. Ask exactly what that covers, and get a written costs disclosure before you sign.