At the minimum, a successful claim will often reimburse: your past, present and future medical and financial costs that have and will occur as a result of your injury. On top of this, you may be legible to claim a settlement figure for your pain, suffering and loss of life quality.
Generally, you can claim compensation for:
- Past, present and future medical and rehabilitation expenses including paid care.
- Loss of income as a result of not being able to work.
- Pain and suffering.
- Loss in life quality.
You are also entitled to a settlement figure for your pain and suffering and loss of enjoyment in life. This is highly variable and dependent on the severity of your injuries and on a case-to-case basis.
No two cases are alike, and every cycling accident has its own unique scenario with a unique set of circumstances. Common situtations include:
- Collisions: If another driver/cyclist simply did not see you, was distracted, or collided with you regardless, this may be grounds for compensation.
- Car Dooring: Injury as a result of motorists unexpectingly opening their car doors is very common.
- Evasive Action: Many injuries don't just occur not from the root cause of negligence, but as a result of trying to avoid it. For example - If a driver swerves, causing you to collide with another object, the driver may still be responsible.
- Road Hazards: If a hazard on the surface of the road that was not properly marked, resulting in your accident - You may have grounds for a public liability claim.
- Your Responsibility as a Cyclist: Note that cyclists also have a duty to minimise harm and contribute to road safety, such as wearing a properly secured helmets and reflective equipment. If you were found to not be abiding by reasonable or expected cyclist safety standards - Pursuing a compensation claim may be difficult.
- Other: Have you been been injured on your bike but your situation does not fall under these descriptions? You may still have a claim.
Not sure if you have a cycling injury claim? - We understand that claiming compensation as a result of a road accident can be a lengthy, uncomfortable or confusing process. Responsible parties may be unwilling to be involved in your case. Insurance companies may attempt to stonewall your requests, or may only be willing to offer a settlement too small to compensate for your injuries. We understand that the circumstances are often complicated, and no two cases are alike. We can offer a free, no obligation consultation to determine if you have a genuine claim.
Simply being injured, or suffering emotional and mental distress is often not cause enough for a successful claim. What needs to be proved, is that your injury is significant and long-term enough to justify a claim for compensation. You must also be able to prove that your injury was in fact due to the negligence of another motorist or cyclist.
In summary, you need to prove:
- Your injury was due to the driver/cyclist at fault.
- That the driver/cyclist did not follow road rules or exhibit reasonable road safety awareness.
- Your injury can be directly linked to the accident, such as severe back and spinal injury, a broken hip, wrist and knee injuries.
If you believe you have a genuine case for a bike injury compensation, please get in touch with us for a complimentary, no-obligation consultation.
In most cases, the insurance company of the driver/cyclist at fault will cover the compensation settlement. Compensation lawyers, like ourselves, have extensive experience dealing with motor insurance companies. If you have a genuine claim, we will work with the insurance company to help potentially reach a compensation settlement for you.
Different aspects of the motor accident claim process take varying amounts of time.
Generally, you are able to initiate the compensation claim process three years from the date you can identify your injury was caused. Because this burden of proof and attribution of your injuries becomes more difficult to prove over time, we recommend you act now to maximise your chances at a successful settlement.
Please get in touch with us to for more information on how we can help you with your claim.
CMC Lawyers have been helping Australian’s fight for a fair claim for over twenty years, with extensive experience winning cycling accident cases.
We offer a high success rate for our cases, and are accredited specialists of the NSW Law Society for Personal Injury Law – meaning we passed extensive, strict criteria for practicing reliable, professional law services to Australian residents.
Do you believe you have a genuine case for financial compensation for your cycling accident?
Please call us on 1800 448 955 to speak with one of our professional cycling accident lawyers for more information or contact us online.