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Cyclist and Motorbike Accidents

No matter how much caution and vigilance you take on the roads, cyclists and motorbike riders are more vulnerable when it comes to road accidents.

Unfortunately, these accidents can be particularly serious as there is less protection for cyclists and riders than drivers or passengers inside a car.

There are many different circumstances that may result in an accident, such as:

  • A car or other vehicle has run into your bike;

  • Two or more bikes collide with each other;

  • You run over a pothole or other parts of damaged road on your bike, which causes you to fall;

  • You run over an item dropped on the road by another vehicle;

  • You have had to make a sudden manoeuvre to avoid the negligent driving of another vehicle, causing you to fall.

Being involved in an accident as a cyclist or motorbike rider can be stressful, and in some cases, traumatic. This is particularly so if you or someone you love has sustained injuries.

Compensation for cycling and motorcycling accidents

If you have suffered injury in a cycling or motorbike accident you may be entitled to recover compensation for your injuries from the insurer of the at-fault vehicle known as the Compulsory Third Party (‘CTP’) insurer. In Queensland, CTP insurance must be purchased at the time of registering or renewing the registration for a vehicle. This ensures that all registered vehicles are covered by CTP insurance.

There are strict timeframes in Queensland for pursuing a personal injury claim (refer to FAQ below How long do I have to make a claim?).

There are some limited circumstances where there is no CTP insurer (e.g. where the vehicle is unregistered) or when the at-fault vehicle is unidentified (e.g. “hit and run” accidents). In such cases, the claim is lodged against the Nominal Defendant to ensure those who have suffered injury are still able to recover compensation.

Timeframe to make a claim

Be aware that claims against the Nominal Defendant have much shorter timeframes than claims against CTP insurers. In addition, you will need to establish that you have undertaken proper inquiry and search to try and identify the at-fault vehicle and within a short period of time. For this reason, you should act swiftly and obtain legal advice as soon as possible following an accident. This will help to ensure you are fully informed and take all necessary steps within time to protect your rights and entitlements.

Pathway to taking action

This can be a very overwhelming experience and so understanding what steps to take during this time is important.

We recommend considering taking the following steps:

1. Record the registration details of the vehicle(s) involved.

2. Exchange contact details with the other driver(s).

3. Obtain the details of any witnesses who saw the accident happen.

4. Take photographs of the accident scene (if it is safe to do so) and save any dashcam footage as soon as possible.

5. Report the accident to the Police (if they did not attend the scene).

6. See your doctor as soon as possible if you have suffered any injuries and follow treatment recommendations. You will need a specific medical certificate from a doctor confirming your injuries to commence a claim and so ensuring your injuries are reported and recorded as soon as possible is important.

7. Obtain legal advice as soon as possible.

For more assistance

The team at Southside Legal are experienced in running claims for cyclist and motorbike riders against both CTP insurers and the Nominal Defendant, including undertaking proper inquiry and search for unidentified vehicles. If you’ve been involved in a cycling or motorcycling accident and want to talk through your options regarding making a claim, give the team at Southside Legal a call today.

Frequently asked questions

  • No.

    Even if you call the police when the accident occurs, the police are not required to attend the scene of every accident. They are only required to attend in circumstances where there has been a death or injury requiring medical attendance or the accident has caused a hazardous environment or threat to public safety.

    If the police did not attend the scene of your accident you should still report it as soon as possible (ideally within 24 hours) by contacting the closest police station to the location of the accident and completing the relevant incident report form. You should be issued with a reference number called a Queensland Police “QP” reference number and it is important you record this number, which will later be used to obtain a copy of the finalised investigation report.

    The Queensland Police have some helpful information on their website regarding Traffic Crash FAQs that might assist you and we have the link for you here.

    However, we understand it can be very stressful after an accident and If you are having difficulty understanding what you need to do we can assist.

  • The sooner you undergo recommended treatment and rehabilitation the better! Ultimately, the best outcome for anyone involved in an accident is to make a full recovery and get back to work and life.

    Helpfully, once you have commenced a claim, the insurer has an obligation under the relevant laws to provide rehabilitation services in certain circumstances. You may therefore be able to get the insurer to fund your rehabilitation costs.

    Your treatment providers will need to complete a treatment plan for the insurer to consider. You may have the right to challenge an insurer who refuses to fund rehabilitation expenses. However, every case is different and you will need advice specific to your case.

  • Answer: Your claim for compensation could potentially include the following:

    - General Damages (which includes pain and suffering);

    - Past loss of income if your injuries prevented you from working

    - Future loss of income arising from any reduction in your capacity for work due to your injuries

    - Loss of superannuation

    - Past and future medical and rehabilitation costs;

    - Past and future care costs; and

    - Out of pocket expenses.

  • Yes.

    If you are involved in a motor vehicle accident and the other motorist does not have CTP insurance, you may still be able to pursue your claim against The Nominal Defendant.

    The Nominal Defendant is a statutory body that was established for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured.

  • There are strict time limits that apply to personal injury claims in Queensland. It is important you seek legal advice early so that you don’t miss any critical time limits.

    Generally, in Queensland you must commence legal proceedings within three (3) years of the date of your injury. For minors (people under the age of 18 at the time of the accident) you have three (3) years from the date of your 18th birthday to commence proceedings.

    However, there are earlier timeframes relating to steps you must take before commencing proceedings to notify of your claim. Generally, you must lodge a Notice of Accident Claim Form with the relevant insurer within the earlier of the following:

    • 1 month of first consulting a lawyer about the possibility of making a claim; or

    • 9 months from the date of accident.

    If your claim is against the Nominal Defendant due to being unable to identify the at-fault vehicle there are shorter timeframes, and you must lodge your claim form within the earlier of the following:

    • 1 month of first consulting a lawyer about the possibility of making a claim; or

    • 3 months from the date of the accident.

    If you fail to lodge the claim form with the Nominal Defendant for an unidentified vehicle claim with 9 months from the date of accident your claim will be barred, and you will lose your right to claim compensation.

    Even in the event you think your claim is out of time it is still worth speaking with a lawyer as there are some limited circumstances in some cases where an extension of time can be obtained. Whether or not an extension may be possible is often a complex question, but our team is experienced in such cases and able to provide you with advice.