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Cycling Injuries

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I was injured when I was riding my bike. What are my options?

It depends on what happened when you were injured.
If you were injured because of the actions of the driver of a vehicle. You could bring a claim under the Compulsory Third Party motor vehicle regime. You would serve a claim on the CTP insurer of the car or vehicle that caused the accident. For more information on motor vehicle claims, please click here.

If you were injured because of the negligence of another cyclist, then you may be able to bring a public liability claim. You will need to know the name or identity of the person who caused the accident in order to serve a public liability or “PIPA” claim on them. For more information on public liability claims, please click here.

If you were injured because the road surface was defective, then you might have a claim against the entity responsible for the design, construction or maintenance of the location. For more information on public liability claims, please click here.

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If you were injured due to a manufacturing defect in your bike, then you might have an entitlement to bring a product liability claim against the manufacturer, supplier or distributor of the bicycle. For more information on product liability claims, please click here.

If you are an employee, and your injury occurred on your way to work, from work, whilst working or on your break, then you may be entitled to statutory workers compensation benefits. The Queensland WorkCover regime provides benefits to fund treatment for your medical expenses and rehabilitation as well as income whilst you are unable to work. You may also be entitled to lump sum compensation if you have a permanent impairment. For more information on workers compensation claims, please click here.

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You may also have insurance benefits attached to your superannuation accounts, such as salary continuance or income protection or Total Permanent Disability (TPD) insurance policies. For more information on superannuation, TPD and Income Protection claims, please click here.

Also, if you are a member of a cycling organisation or sporting association, then they may hold an insurance policy to cover injuries whilst riding your bike.

You may also be eligible to apply to participate in the National Disability Insurance Scheme and get funding for supports and services to assist manage your disability.

You might also be eligible for a Victims of Crime compensation payment if your accident was the result of a crime being committed (e.g. an assault whilst riding).

We can help you investigate what claims are available to you and help you to get “back on your bike”.

Why should I act fast?

Claims under the most regimes must be served promptly on the person at fault. It is also important to act quickly to make sure that important evidence is captured.

It is also wise to serve the claim quickly in case there is a risk that the respondent may go out of business or be difficult to locate. For more information, please contact one of Ramsden’s personal injury lawyers.

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What deadlines do I need to know about?

For workers compensation claims:

  • An application for workers compensation must be lodged within 6 months of seeing your doctor about the work injury. If you delay lodging the Application, then you risk WorkCover rejecting your application.
  • Generally speaking, a compliant common law damages Notice of Claim must be lodged with your employer and WorkCover within 3 years of injury.

For motor vehicle accident claims:

  • You should report your accident to police within 24 hours of the accident. If you have not done that, we can help you complete the necessary form and lodge it with the police.
  • You need to lodge your claim with the CTP insurer within 1 month of consulting a lawyer or 9 months from the date of accident. If it is lodged outside that time frame, you will need to provide an explanation for the delay.
  • Court documents then need to be lodged within 3 years from the date of accident.

For public liability claims:

  • You need to lodge your Notice of Claim with the person at fault within 1 month of engaging a lawyer or 9 months from the date of accident. If it is lodged outside that time frame, you will need to provide an explanation for the delay.
  • Court documents then need to be lodged within 3 years from the date of accident.

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