If you have been injured in an accident while riding on your bicycle, you may be entitled to compensation.
New South Australian Compulsory Third Party (CTP) legislation comes into play on 1 July, 2013. If your accident occurred on or after this date, the new laws will have a significant impact on your entitlements. This makes it even more important to seek legal advice as soon as possible. Remember, you can contact us for a free, no obligation chat about your situation.
Click here for more information about compensation under the new insurance scheme.
The new laws are not retrospective so if you were injured in an accident prior to 1 July, 2013, your claims falls under the previous scheme. However, strict time limits apply so contact us as soon as possible.
What circumstances are required for a claim?
If the accident was the result of a collision with a car or other vehicle in South Australia, and the driver was totally or partially responsible for your injuries, you may have a claim. Even if you were injured in accident while trying to avoid a collision, you may still have a claim. In most cases, we will be able to tell you if your claim will succeed after you discuss the circumstances of the accident with us. We offer free first interviews for this area of practice so, if you don't have a claim, there may be no fee for the first interview.
What will we do if you have a claim?
If you have a claim then we will handle all negotiations with the relevant insurance company direct. We will get medical reports from doctors relating to your injuries, notify the other people in the accident and sometimes attend the scene of the accident.
In most cases we will pay the cost of medical reports and other expenses during the course of your claim (or get the insurer to pay for them). We will also not charge you legal fees until the end of your case. You therefore have to pay nothing from your own pocket until after your claim has been resolved.
Throughout your claim we will liaise with you, the insurance company and the doctors to gather enough information to accurately assess your compensation.
What are you entitled to claim for?
Before your claim is finalised we will take into account your pain and suffering, the wages that you have lost (from not being able to go to work), the medical expenses that you have incurred and might incur in the future and your loss of future earning capacity (if your ability to work is reduced). We will discuss these entitlements with you throughout your claim, as compensation will vary depending on your individual circumstances.
You may also be entitled to compensation for property damage (e.g. damage to your bike).
How long will your claim take?
The length of your claim depends on how long it takes you to recover from your injuries. Your claim cannot be finalised until you have fully recovered or you have recovered as well as can be expected (in the opinion of your doctors). This is because an assessment of your future medical expenses and permanent incapacity will form a part of your claim. Once your claim has been finalised it can't be changed, so it is important that your claim not be resolved until we are fully informed about what future problems you may have.
When should you seek legal advice?
If your claim is going to go to court it will need to be filed with the court within three years of the accident. However, especially given the complexity of new South Australian insurance laws, we recommend that you get legal advice as soon as possible to ensure that your rights are honoured.
Why choose Tindall Gask Bentley?
Tindall Gask Bentley is the largest injury law firm in South Australia. We’ve been helping injured people win compensation for more than 40 years.
We have lawyers who have significant experience with cycling injury claims, and are passionate about helping cyclists get back on the bike.
Blog: Can a cyclist injured in an accident claim compensation?
For more information, contact TGB partners Barney Gask or Tim White on (08) 8212 1077.