A bicycle accident with a car can have a lasting impact on cyclists and their families. Whether you’re commuting or cycling for leisure, sharing the road with motor vehicles carries risks.
If you or someone you care about has been injured in a bicycle accident with a car, it’s important to know your legal rights, understand your compensation options, and take the right steps after the accident occurs. Navigating insurance companies, medical expenses, and legal processes can feel overwhelming—especially when dealing with serious injuries or psychological trauma.
If you find yourself in this kind of road accident, you need the help of experienced lawyers, like Burke Mead Lawyers. Our team helped Tom*, a 45 year-old retail worker who was involved in an accident riding his bike home from work in 2022.
Burke Mead Lawyers Success with Tom's Bicycle Accident & Compensation Case
The Claimant
Tom, a 45-year-old part-time retail worker was significantly injured while riding his bike home from work. Before the accident, Tom was a fit and healthy man that enjoyed hiking and cycling.
The Case
In early 2022,Tom was riding home from work when he entered a roundabout and was struck by a car, knocking him off his bike. As a result of the bicycle/car accident, Tom sustained severe injuries to his lower back, neck, and left knee. He was unable to stand or walk immediately after the accident and was conveyed by ambulance to the closest hospital for treatment.
He remained incapacitated to work for around 6 months and when he returned, he was placed on light duties for approximately four months. However, he was struggling at work due to ongoing back pain and eventually Tom resigned from his role. The ongoing difficulties relating to his motor accident injuries meant he was unable to continue his role in retail and had suffered a financial loss as a result.
Legal Challenges
This particular case was relatively straightforward. Liability in this case was not contested and the CTP insurer accepted that their insured driver was at fault.
After being told that his statutory benefits claim was accepted, Tom sought legal advice about pursuing a claim for common law damages (compensation). Our team at Burke Mead Lawyers was able to help Tom navigate this process, which can be difficult and overwhelming for many people (especially while recovering).
Immediate Steps to Take After a Bicycle Accident with a Car
Tom was satisfied with the results of his claim, especially as he did not know he was entitled to any injury compensation prior to meeting with us. He also did not know how to prepare medical evidence to support his claim for non-economic loss.
This is why taking the right actions immediately after the accident can make a significant difference to your health, your legal rights, and your ability to claim compensation.
- Move to Safety and Check for Injuries
If you can, move yourself and your bicycle out of traffic to a safe location. Check for visible injuries on yourself and others. Even seemingly minor injuries can have serious consequences, so don’t ignore any pain or discomfort.
- Seek Medical Attention
Call 000 if anyone is seriously injured. Even if you feel fine, arrange a medical assessment as some injuries—such as brain injury or internal trauma—may not be immediately obvious. And make sure you receive a copy of any assessments or treatments, as medical documentation is important for your personal injury claim.
- Contact Police
Under NSW law, you must report the accident to police if anyone is injured, if there is significant property damage, or if the car driver fails to stop. Obtain a police report number for your records, as this will be important for your insurance company and compensation claim.
- Exchange Details
Collect the car driver’s details, including name, address, phone number, driver’s licence, vehicle registration, and insurance company. Also, gather contact details from any witnesses at the accident scene.
- Document the Accident Scene
Take clear photos of the accident scene, your damaged bicycle, the car, road conditions, and any visible injuries. Note the time, location, weather, and any road hazards that may have contributed to the accident.
6. Be Careful What You Say
Avoid admitting fault or making statements about blame at the scene. Stick to the facts when speaking to police or the other parties involved.
Understanding Your Legal Rights as a Cyclist
Cyclists are considered vulnerable road users under NSW law and have specific rights and responsibilities. Knowing these can help protect your interests after a bicycle accident with a car.
NSW Road Rules for Cyclists and Drivers
Cyclists have the right to use most roads and must follow the same road rules as motor vehicle drivers. Drivers must maintain a safe distance—at least 1 metre when passing at speeds up to 60km/h, and 1.5 metres above 60km/h. Both parties are required to stop and exchange details after an accident occurs.
GET HELP NOW WITH YOUR PERSONAL INJURY
Get in touch with our Personal Injury Compensation team
Determining Fault and Liability in Bicycle-Car Collisions
Establishing who is at fault in a bicycle accident with a car is essential for your compensation claim.
Police reports, accident scene evidence, and witness statements are used to determine fault. NSW law considers whether each party followed road rules and took reasonable care.
If both the cyclist and car driver contributed to the accident, compensation may still be available, but the amount could be reduced. For example, if a cyclist was not using lights at night, but the car driver failed to give way, both may share liability.
Types of Compensation Available After a Bicycle Accident
If you’ve been injured in a bicycle accident with a car, you may be eligible for various types of compensation under NSW law.
Compensation May Cover
- Medical Expenses: Hospital, GP, specialist, and rehabilitation costs.
- Lost Wages: Income lost due to time off work.
- Pain and Suffering: For physical and psychological injuries.
- Property Damage: Repairs or replacement of your bicycle and gear.
- Treatment Expenses: Ongoing care, medication, and therapy.
Compulsory Third Party (CTP) Insurance
All registered vehicles in NSW are covered by CTP insurance (also known as a “Green Slip”). CTP covers injured cyclists for medical expenses and lost wages, regardless of who was at fault, for up to six months.
Other Claim Types
Lump sum payments may be available for serious injuries under the Motor Accident Injuries Act 2017 (NSW). Workers compensation claims may apply if you were injured whilst riding for work, such as a delivery rider.
Navigating Insurance and the Claims Process
Dealing with insurance companies after a bicycle accident with a car can be complex and intimidating.
How to Notify Insurers and Start a Claim
- Report the accident to the CTP insurer of the car involved.
- Complete a claim form and submit supporting evidence (accident report, medical assessment, witness statements).
- If the car driver is uninsured or cannot be identified (hit and run), you may claim through the Nominal Defendant scheme.
Time Limits and Deadlines
You must lodge a claim within 28 days to access early benefits, and within three months for a full compensation claim. Missing deadlines can significantly affect your entitlements.
Key Takeaways
- Tom received a six-figure settlement that included lost wages, superannuation, and pain and suffering compensation, plus lifetime coverage for accident-related medical expenses.
- Tom didn't initially know he was entitled to compensation or how to prepare the necessary medical evidence. Professional legal guidance helped him navigate the complex process and secure proper compensation.
- Key steps include moving to safety, seeking medical attention (even for seemingly minor injuries), contacting police, exchanging details, documenting the scene, and avoiding admissions of fault.
- Cyclists are considered vulnerable road users with rights to use most roads. CTP insurance covers injured cyclists for medical expenses and lost wages regardless of fault, and drivers must maintain safe passing distances (1-1.5 metres).
- You must lodge a CTP claim within 28 days for early benefits and within three months for full compensation. Missing these deadlines can significantly impact your entitlements, making prompt action essential.
The Role of Personal Injury Lawyers in Bicycle Accident Claims
An experienced personal injury lawyer can make a significant difference to your motor vehicle accidents claim and how much of your personal injury benefits you receive.
We can gather and present evidence, negotiate with insurance companies, handle paperwork, meet deadlines, and represent you in court proceedings if required. Our team includes an Accredited Specialist in Personal Injury Law with a proven track record of successful claims.
We take a compassionate, client-focused approach – contact Burke Mead Lawyers on 4902 3800 or send us an email at [email protected].
*name changed for anonymity
About the Author
Jacob Cavill
Jacob is a personal injury lawyer with experience across complex motor vehicle accident matters, serious workplace injuries, public liability disputes, and superannuation and TPD entitlements. He regularly advises on claims involving psychological injury, historical abuse, and common law negligence.
