New legislation in the form of the Motor Accident Injuries Act 2017 (NSW), come into effect on 1 December, 2017 in relation to motor vehicle accidents in New South Wales. As bicycles does not meet the legal requirement to be considered “motor vehicles” (which must be a vehicle that is built to be propelled by motor that forms part of the vehicle), there are different rules that apply to those injured in bicycle accidents.
- A Cyclist suffers a fall or injury resulting in permanent injury or death for no apparent reason other than their own lack of competence or failure to take care of their own safety. The cyclist would not in the usual course of events be entitled to any compensation
- A Cyclist suffers a fall as a result of an uneven road surface and suffers permanent injury or death. Depending on the state of the road and on the facts, a claim may lie against the relevant Council or roadway authority.
- A Cyclist suffers a fall or injury as a result of a collision with another cyclist and suffers permanent injury or death. The cyclist who did not cause the collision may have a claim against the public liability insurance (if any) of the other cyclist, in the circumstance that the other cyclist breached his or her duty of care, in other words has committed an act of negligence. House and contents insurance often includes public liability cover. If the negligent cyclist does not hold public liability insurance then a claim could be made against the negligent cyclist personally.
- A Cyclist suffers a fall or injury as a result of a collision with a pedestrian and suffers permanent injury or death. If the pedestrian breached his duty of care to the cyclist in other words committed an act of negligence, then the cyclist may have a claim against the public liability insurance of the pedestrian. House and contents insurance often includes public liability cover. If the pedestrian did no have public liability insurance, then a claim could be made against the negligent pedestrian personally.
- A Cyclist suffers injury as a result of a collision with a motor vehicle where the driver of the motor vehicle was at fault. The cyclist should make a claim under the Motor Accidents Injuries Act 2017.
- A Cyclist dies as a result of a collision with a motor vehicle where the driver of the motor vehicle was at fault. The cyclists family can make a claim under the Motor Accidents Injuries Act 2017.
- A Cyclist suffers injury as a result of a collision with a motor vehicle where the cyclist was totally at fault. There may be limited entitlements under the Motor Accidents Injuries Act 2017.
- A Cyclist suffers injury as a result of a collision with a motor vehicle where the cyclist was partly at fault. The cyclist should make a claim under the Motor Accidents Injuries Act 2017.
- Cyclist suffers injury as a result of a no fault accident with a motor vehicle. The cyclist should make a claim under the Motor Accidents Injuries Act 2017.
If you, or a member of your family have been injured in a bicycle accident, you could be entitled to compensation. You can contact Stacks Goudkamp on 1800 251 800 or by making an online enquiry, to obtain friendly advice about your circumstances from one of our compensation experts.
Written by Sue Owen.
Sue Owen is a solicitor in Ian Chipchase and Anna Tavianatos’ Practice Group. Sue works with Ian and Anna on a variety of compensation claims including workers compensation claims, motor vehicle accidents and civil liability claims.
