More than 802,000 Queenslanders ride a bicycle each week which is great for health, the environment, and happy communities. While many people understand how to share the road safely, unfortunately accidents do still happen due to a range of factors. Whether you are injured on a bicycle or motorcycle, or in a car, if you were not at-fault you may qualify for compensation.
Am I eligible to make a claim?
Accidents between cyclists and cars happen for a number of reasons. Some of the most common include a rider and driver approaching an intersection at the same time, side swipes, collisions with vehicle doors, and rear ends.
If the driver is at fault
If a driver is responsible for your accident, then you’re entitled to make a claim against their CTP insurer. CTP insurance is attached to the vehicle registration, so it doesn’t matter if there is no property damage insurer or if it is otherwise uninsured.
If the vehicle is unregistered, or unidentified, or leaves the scene, and the CTP insurer is not identified, in Queensland you can claim compensation from the government statutory body, the Nominal Defendant. Under the Motor Accident Insurance Act 1994, the Nominal Defendant becomes the CTP insurer in those circumstances.
The process to claim against the Nominal Defendant is identical to making a claim against a CTP insurer, although much stricter time limits apply. You’ll need the evidence to support your claim as well as following set timelines. To learn more about the claim process, read our article about injury claims and timing.
The driver is usually at fault if they:
- don’t give way as they are coming out of a driveway
- don’t keep a safe distance when passing a cyclist on the road
- reverse without looking
- don’t give way at an intersection
- are distracted, including using a mobile phone
- are under the influence
- open a car door without checking
- are speeding.
If the cyclist is at fault
Likewise, cyclists are at fault for errors such as not following road rules, riding under the influence of drugs or alcohol, and not using signals. If you are at-fault, or partly at-fault, for the accident then you will not succeed in any claim for compensation from the driver’s CTP insurer. For a refresher on bicycle road rules and safety, visit the Queensland Government website.
What evidence do I need to support my claim?
The more information you can gather the better when it comes to injury compensation. Below is a list of evidence and details you should take to help support your claim.
- Get the registration of the car that hit you.
- Call the police and get them to attend the accident as they will gather evidence that can be used in your case.
- Take down the driver’s contact information and insurance details.
- Take photographs of the accident.
- Note the time and date of the accident and your recollection of events as soon as it is possible to do so.
- Take witness details and statements where possible.
- If there are any other drivers that witnessed the accident, ask if they have dash cam footage.
Getting as much information as possible to corroborate your version of facts after the accident will also be used to give you the best chance of success. To learn more about the CTP claim process, such as steps involved and important factors to consider, read our CTP claim guide.
Most common transport injury hospitalisation
Every year, thousands of people are hospitalised due to bicycle accidents. The latest data shows that in 2021, 20.7% of all road hospitalisations were cyclists (a rise from 18.7% in 2014.
There are a range of injuries you may sustain as a result of being in a transport accident. Some of the most common include:
- Head and neck (24.9%)
- Thorax, abdomen, lower back, lumbar spine and pelvis (25.8%)
- Shoulder and upper limb (21.7%)
- Wrist and hand (6.3%)
- Hip and lower limb (17.5%)
- Ankle and foot (3.7%)
Should I lodge a CTP claim directly?
When you’re thinking about pursuing a CTP claim you have the option to get legal advice or complete the claim yourself and lodge it directly with the CTP insurer. If you’re considering making a claim directly without using a lawyer, we would suggest learning more about whether an insurer can fairly manage your claim and the challenges and key factors to consider.
How can a minor make a bicycle road accident claim?
In 2023-24, people aged 15-24 were most likely to be hospitalised as a result of a transport injury. The injury compensation claim for a minor (person under 18 years of age) follows the same process; however, they will need to have a parent or legal guardian lodge the claim on their behalf (known as a litigation guardian). This guardian will make decisions on behalf of the minor.
Where do I start?
In Queensland, your compensation process will start by completing and submitting your Notice of Accident Claim Form. This is followed by lodgement compliance, rehabilitation and treatment, and liability assessment by the insurer. After this, the insurer obtains information about the case, the injuries sustained and the impact of those injuries on your personal and employment circumstances.
You must obtain medical evidence to assess damages. This includes medical reports, information concerning the impact the injuries have had on your earnings and life generally, after which time we will conduct an assessment of your damages, and put together a submission on damages. The claim negotiation and settlement will only take place once all available evidence has been reviewed and considered thoroughly.
If you’re thinking about making a bicycle road accident claim, our lawyers are here to answer your questions or give you a free case review. Get in touch today.