FAQ 1: Do I have a claim?

FAQ 2: Are there time limits?

FAQ 3: What are my rights to compensation?

FAQ 4: What do I need to prove?

FAQ 5: How is the compensation paid, ie, periodically or in a lump sum?

FAQ 6: How long will my claim take?

FAQ 7: Will I have to go to court?

FAQ 8: Is my claim likely to be settled?

FAQ 9: Who pays the legal costs?

FAQ 10: What costs will I have to pay?

FAQ 11: Will I have to pay tax on the compensation I receive?

FAQ 12: What will the insurer pay whilst the case is being prepared?

FAQ 13: Can I go back to work?

FAQ 14: What if I lose?

FAQ 15: What if I am held to be partially to blame for the incident?

FAQ 16: How often will I need to see you?

 

FAQ 1: Do I have a claim?

If you have sustained injuries in a Bicycle Accident and can prove that the accident was caused by another party (even if the identity of that party is unknown, for example, hit and run) even if you were partly responsible yourself, you are entitled to receive compensation.

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FAQ 2: Are there time limits?

Yes, in bicycle compensation cases a completed signed claim form must be sent to the relevant insurer within 6 months of the date of the incident. It is possible to submit your claim form outside this time period in certain circumstances. However, it is important to submit the claim form on time, if possible. Court proceedings must be commenced within 3 years of the date of the incident.

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FAQ 3: What are my rights to compensation?

If you have sustained injuries in a bicycle accident and can prove that the accident was caused by another party and even if you were partly responsible for the accident yourself, you are entitled to receive compensation or ‘damages’.

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FAQ 4: What do I need to prove?

If you can prove that the incident was caused by the negligence or fault of a person/corporation, you may be entitled to receive compensation. Establishing negligence is your (our) responsibility. The insurance company does not have to prove anything except for the extent to which you may have been the cause of the incident.

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FAQ 5: How is the compensation paid, ie, periodically or in a lump sum?

Compensation will be paid in a once and for all lump sum, which will be tax free.

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FAQ 6: How long will my claim take?

The amount of time your claim takes depends on the extent of your injuries. Your claim will not be finalised until your injuries have stabilised. Most bicycle accident claims generally take less than 2 years. If the injuries stabilise reasonably quickly and a long term prognosis can be made, your claim can be finalised more quickly.

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FAQ 7: Will I have to go to court?

A high percentage of bicycle compensation cases settle without going to Court. In fact most claims settle without Court proceedings even being commenced. If liability has been admitted by the insurance company it is likely that your claim will not need to go to Court at all, and will instead be assessed by an alternative dispute resolution body.

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FAQ 8: Is my claim likely to be settled?

Yes

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FAQ 9: Who pays the legal costs?

If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. If you choose Stacks/Goudkamp as your legal representation, we will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case. In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

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FAQ 10: What costs will I have to pay?

If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. If you choose Stacks/Goudkamp as your legal representation, we will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case. In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

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FAQ 11: Will I have to pay tax on the compensation I receive?

Compensation for bicycle accidents will be paid in a once and for all lump sum, which will be tax free.

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FAQ 12: What will the insurer pay whilst the case is being prepared?

If liability has been admitted, the insurer will pay your ongoing medical expenses.. The insurer does not have to pay your lost wages/income.

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FAQ 13: Can I go back to work?

If you can return to work, you should, provided your doctor certifies you to be fit to return to work.

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FAQ 14: What if I lose?

In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

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FAQ 15: What if I am held to be partially to blame for the incident?

If you were partly responsible for the incident the amount of compensation you receive will be reduced by the level of your responsibility (e.g. If you are found to be 50% at fault then this means your damages will be reduced 50%).

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FAQ 16: How often will I need to see you?

From time to time we’ll need to communicate with you to obtain updates in relation to your medical condition, etc.

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If you are looking for Bicycle Compensation Lawyers for legal advice or representation to assist you with your compensation matter, contact Stacks/Goudkamp today on 1800 25 1800.