If you have had a cycling accident and believe you weren’t at fault, or only partially at fault, you may be eligible to make a bike accident compensation claim. Read on as we explain your legal rights and how we can help you access the compensation you deserve.
Bicycle accident caused by someone else’s negligence
If you’re a regular cyclist, you’ll know that cycling accidents can be caused by the negligence of others. A few examples include:
- Bicycle accidents where a car suddenly pulls out in front of you, causing you to swerve and crash
- A car door swings open in front of you, causing you to swerve to avoid contact
- A car failing to see you or giving way to you, resulting in a collision
- Unavoidably hitting obstacles that should have been marked or removed by your local council, such as potholes or other objects on the road
- Colliding with a cyclist or pedestrian on a cycle path
What bicycle accident compensation can I claim for?
If a bicycle accident occurred due to a car driver’s negligence, a claim should be filed against the Insurance Commissioner of Western Australia (ICWA).
In other cases, Australia’s public liability laws protect you against the negligent actions of a person or institution.
You can claim compensation for a range of reasons such as:
- Loss of past or future financial earnings
- Loss of quality of life, pain and suffering caused by injury
- Past and future medical expenses
- Domestic assistance required due to injury as well as rehabilitation
Time limits on bike accident compensation claims in Western Australia
There are strict legal time limits for making bike accident compensation claims in Western Australia. This means you must file a compensation claim for your injuries within 3 years of the accident that caused your injuries.
If the cycling accident compensation claim is for a child under 15 years old, the time limit for filing is 6 years from the date of the accident. However, different time limit rules apply for children aged between 15 and 17.
Getting the right legal advice as quickly as possible is important. Stephen Browne Personal Injury Lawyers have the resources, knowledge, and expertise to help you navigate the time limits and legal system.
What are the steps to make a bike accident compensation claim?
If you were riding a bicycle and were injured by a motor vehicle, these are the steps to follow to make a bike accident compensation claim:
- Obtain the driver’s details such as name, address, driver’s license number.
- Note the registration number of the vehicle that caused the accident.
- Seek medical treatment to evaluate and treat your injuries. Your medical records can be used as evidence to support your claim.
- If your injuries mean you need time off work, request a medical certificate from your doctor. This will assist if you need to claim lost earnings due to the accident.
- Make a claim with the ICWA and notify them of your injuries, as soon as practical after the accident.
- Report the accident to the police within 28 days of the date it happened.
- Contact Stephen Browne Personal Injury Lawyers. One of our lawyers can help you lodge a personal injury claim for your cycling accident.
Bicycle accident claims – personal injury lawyers in Perth and Western Australia
At Stephen Browne Personal Injury Lawyers, we specialize in making the legal process for your bike accident compensation claim as simple and efficient as possible.
We will help you gather the documentation you need to support your claim and will enter into any negotiations on your behalf.
Contact our team of legal professionals today for an obligation-free consultation to discuss your situation and advise on your next steps.