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Motorcycle Accident Compensation

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60 year old suffers serious orthopaedic injuries in a motorbike accident
This longstanding CTP claim was recently settled for a large sum after a lengthy battle with the CTP insurer, a massive delay at The PIC because of COVID and the insurer’s stubborn refusal to withdraw an unwarranted allegation of contributory negligence.

There is no dispute that our 60-year-old client suffered severe orthopaedic injuries when his motorcycle struck a car which made a sudden and unexpected U‑turn across his path.
There was nothing our client could do to avoid the collision.
However, the insurer claimed that our client contributed to the accident and sought a discount of 33% on the basis that our client failed to keep a proper lookout for the insured driver performing a u-turn.
In addition, the insurer claimed that our had significant pre-existing orthopaedic issues which diminished the value of his claim.

After several years of waiting the case finally came before a PIC member (formerly known as a CARS Assessor) who exempted the matter on our application when the insured driver failed to attend the PIC hearing for cross-examination.
Proceedings were then commenced in the District Court. Shortly thereafter the insurer made an Offer of Compromise well within the range of damages our client could have expected to received which included unregulated costs, which our client accepted, finally bringing the case to an end.

No discount was factored into the settlement for our client’s pre-existing orthopaedic injuries or contributory negligence.

KM, a 20-year old young man, was riding his motor cycle with a group of other riders on the Princes Highway at Engadine when a car being driven in the opposite direction suddenly turned across his path and then stopped in the middle of the road.

Our client had no time to react and nowhere to go. His motor cycle hit the car. He was thrown off his motor cycle and he landed on the road some 20 metres past the car.

Tragically our client suffered a massive brain injury which will prevent him from ever walking or talking again. He will never be able to work and will need constant life time care. He is a permanent participant in the NSW Lifetime Care and Support scheme.

Our client, through his Tutor,  claimed that the driver was wholly  responsible for the accident and that he was therefore entitled to be compensated for his pain and suffering and his past and future loss of income.
The driver of the car, an elderly woman, said she didn’t see the approaching motor cycle when she commenced her right hand turn.
To our astonishment the driver’s CTP insurer denied our client’s claim and actually blamed our client for riding too fast. This is despite the fact that an eye witness, who was driving behind the elderly lady’s car said that he saw the motor cycle approaching, with its head light on, that the rider was travelling at the speed limit and that the car simply drove straight out in front of the motor cycle, giving our client no chance.
The case went to a four day hearing in the District Court. At the conclusion of the case the trial judge had no hesitation in finding that  the driver was entirely  to blame for our client’s appalling injuries.
The judge  ordered the insurer not only to pay our client substantial damages  but also  indemnity ( penalty) costs to punish the insurer.
Our client was driving a quad bike on sand dunes near Newcastle when he accidentally fell off his bike.Moments later a following quad bike ran over him, inflicting serious spinal injuries.
The following quad bike was being ridden too fast and too close.
The quad bikes were registered vehicles and so were covered by green slip insurance.
Our client claimed compensation for his injuries and his losses on the basis that they were caused by the other rider’s negligence. He was unable to return to work for almost 12 months.
Our client’s claim was settled for a large sum at a settlement conference with the insurer’s lawyer.
Our client was riding his motor cycle in Newcastle when a car turned across his path. The vehicles collided. Our client suffered a serious back injury.
Our client managed to keep working because of his unique skills and knowledge. His sympathetic employer kept paying his normal salary even though our client’s pain levels meant that he could only work 50% of his pre-accident hours.
Our client was at real risk of losing his job at some future date and would be hard pressed to find any other company which would employ him because of his pain and restrictions.
The claim was decided by a CARS Assessor who accepted our arguments and evidence and awarded our client a very large compensation lump sum.

We acted for a self-employed handyman who suffered fractures to his right shoulder and right thumb in a motorcycle accident when he was 28 years of age. For a period of 9 months after the accident and subsequent surgery, our client was unable to work at all and required extensive physiotherapy as he recovered from his injuries. His business suffered as a result.

Fortunately, the insurance company paid for all of our client’s medical treatment, and we achieved a settlement for our client which further compensated him for his lost income and also for his lost opportunities to grow and develop his business in the future.


Our elderly client was riding his motorcycle along a country road in Northern NSW when he attempted to pass a slow moving tractor, travelling in the same direction. To do so our client had to cross unbroken lines, even though the road was straight and he had a clear view of the road ahead of him for at least 800 metres (we visited the scene to confirm this). Unfortunately the tractor turned right, just at the moment that our client was passing it. Our client was knocked off his motorcycle and suffered serious orthopaedic injuries which resulted in our client being in hospital for several months.

The police charged our client with the offence of overtaking on unbroken lines. The tractor’s insurer accepted liability but alleged that our client was 50% to blame for having committed the traffic offence.

Thereafter we arranged a settlement conference at which the client’s claim was settled for a sensible sum, with only minimal reduction for his contribution to the accident.


Our client was part of a motorcycle group riding in the Snowy Mountains. Our client missed the turn-off and stopped and then started to make a U-turn to re-trace her steps when she was struck by another motorcycle which had crossed to its incorrect side of the road. Both motorcycle riders suffered serious injuries and both made claims for compensation.

The claim proceeded to a court hearing on the issue of liability. The court found that our client was 60% responsible for the accident for having made a U-turn at an unsafe place on the highway. Accordingly her damages, which had already been agreed before the liability hearing, were reduced by 65% although the insurer was ordered to pay her costs.


Our client, an IT expert, suffered an injury to his right shoulder when a taxi knocked him off his motorcycle.

Our client was taken to hospital where he underwent an operation on his injured shoulder. He was off work for about three months but returned to his pre-accident employment which fortunately was light in nature and did not require any particular physical exertion.

Liability was admitted by the insurer who also made a very reasonable offer of settlement very early in the piece.

As the offer was an attractive one our client instructed us to negotiate for an early settlement of his claim even though he faced the prospect of further shoulder surgery down the track.

We managed to settle the claim for a sum significantly higher than the insurer’s initial offer and accordingly the claim was settled on a most satisfactory basis.


Our client was riding a scooter near Sydney University when she was knocked over by a van which made a right hand turn across her path. As a result our client suffered a nasty injury to her pelvis and was admitted to hospital.

The insurer admitted liability and our client made a reasonably good recovery from her injuries and has been able to continue working.

Our client’s claim was settled for a significant sum at an informal settlement conference with the insurer.


Our client was enjoying a motorcycle ride with friends in the country when a car coming in the other direction wiped her out when the driver failed to take a corner at a safe speed.

As a consequence our client suffered massive orthopaedic injuries which resulted in her being hospitalised for over a year.  She had to undergo multiple operations and she faces the prospects of further surgery in the future.

It is unlikely that our client, who was in her early 50’s at the time, will ever be able to resume work.

After protracted negotiations with the insurer and its lawyer the case was settled for a very substantial sum.


Brett was injured when the motorcycle he was riding on a winding narrow country road struck the rear wheel of a prime mover coming around a tight corner in the opposite direction.

The insurer denied liability on the basis that the truck driver could not keep the rear wheels of the prime mover on their correct side of the road because the road was too narrow and the bend was too tight. It also alleged the motorcycle was going too fast for the conditions.

The case went to court but was satisfactorily settled just before the hearing.


Pat broke his leg and suffered other orthopaedic injuries when his motorcycle was hit by a car which made an unexpected U turn in front of him.

The insurer admitted liability.

Pat made a reasonable recovery and was soon back at work in the computer industry. There is a possibility of future deterioration in the condition of his hip.

This was taken into account when his claim was settled following negotiations with the insurer.


Joseph was a 40 year old motorcycle rider, travelling 100km per hour when a vehicle parked on the side of the road decided to do a u-turn in front of him, causing a collision. Joseph suffered serious injuries. The Defendant denied liability and in the alternative alleged contributory negligence. The matter proceeded to hearing in the District Court for 6 days where our client was successful with total liability with no contributory negligence. Joseph was paid a very substantial amount by way of compensation


Robyn was a 33 year old scooter rider struck by a vehicle causing serious injury to Robyn’s right ankle and knee. Liability was accepted by the defendant. Expert medical evidence was obtained as to the ongoing affect of the injury. It was conceded that the client would not exceed the threshold of 10% to receive compensation for pain and suffering, therefore reducing the amount of damages she was entitled to receive. The parties participated in an informal settlement conference. The matter was successfully settled with the client receiving substantial damages.


Samuel is a 30 year old sailor in the Australian Navy. He was riding his motorcycle to work in Sydney when a car suddenly turned across his path. Samuel crashed into the side of the car and was thrown to the ground, suffering serious injuries, which led to his left leg being surgically amputated below the knee.

After a lengthy period of rehabilitation including the fitting of a prosthesis, he returned to work with the Navy. Fortunately his employment with the navy is secure.

The insurance company admitted liability. Samuel’s claim was settled for a very substantial sum.


We acted for a motorcyclist who sustained serious injuries when a vehicle in front of him decided to turn right and make a U turn without indicating. Despite the motorcyclist applying his brakes immediately, a collision could not be avoided. Liability was denied and this matter proceeded to court.

The client received a verdict in his favour with no reduction for contributory negligence, which was alleged by the insurer.


An off duty Police officer on a motorcycle was struck by a car doing a U-turn. Liability was hotly contested by the insurer and it was necessary to engage several reconstruction and biomechanical experts to give evidence in relation to the circumstances of the accident. Our client was rendered a paraplegic but was able to resume work with re-training to be a Police Prosecutor. The case settled for several million dollars.


Luke, 40, suffered catastrophic brain injury when his motorcycle left the roadway and struck a pole. It was alleged on his behalf that he was forced off the road by an unidentified car which had strayed onto his side of the road.

Accordingly his claim for compensation was made against the Nominal Defendant.

Luke remained profoundly disabled and required assistance with all aspects of daily life. He was confined to a wheelchair.

Liability was denied on behalf of the Nominal Defendant on the basis that there was no car and that the reason Luke’s motor cycle left the road was because he had an epileptic episode. Medical records revealed that Luke had been an epileptic for many years and had a history of being non-compliant with his medication.


As our client was waiting to do a U-turn on his motorcycle in the Hunter region he was struck by a car, which broke his leg. After undergoing surgery on his fractured leg our client was able to recuperate so that he could return to his employment as a crane driver

The insurer admitted liability but alleged that our client was partially to blame for the accident for having started a U-turn. This was denied by our client.

The claim was settled for a sensible sum.


We acted for a 44 year old man who suffered catastrophic injuries as a result of a motorcycle accident. Our client was travelling as a pillion passenger on his own motorcycle when the rider of the motorcycle lost control while going around a bend. Our client’s injuries included serious spinal injuries resulting in paraplegia as well as several fractures and head injuries.

The insurer for the rider of the motorcycle denied liability claiming that our client caused the accident because he did not lean with the motorcycle as it went around the bend. At the scene our client had told witnesses that he caused the accident.

The claim was successfully settled at mediation with a modest deduction for our client’s contribution to the accident.


We acted for the dependents of Louise who was killed while riding her motorcycle to work in Wollongong by a P-plate driver who ran into the back of her motor cycle as Louise was attempting to make a right hand turn in the laneway of Australia Post, where she worked.

Liability was admitted and a successful compensation to relatives claim was made on behalf of her dependents, including her grandchildren.


We acted for a young man injured in a road accident when an oncoming vehicle turned into his path of the motorbike he was riding. The insurer for the other driver denied liability saying the driver’s vision was impaired by fog. Our client suffered nasty leg injuries, which rendered him incapable of returning to his pre-injury employment. We were able to negotiate an excellent settlement before the hearing of the case began which will go a long way in improving this young man’s quality of life.


I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.



Contact your local team for a free consultation to find out if
you are eligible for compensation