Motorcyclists may find themselves subject to poor treatment on our roads. Not only do many other road users fail to take the necessary care around them, but as they are less visible on our roads and have less protection against other road users, they run a greater risk of being injured in a road accident. In the event of an accident, motorcyclists are entitled to compensation just as much as any other road user. If you are a motorcyclist who has been involved in a road accident, read on to find out more about how you may be entitled for motorcycle accident compensation.
What is a motorcycle accident claim?
A motorcycle accident claim is a means for victims of motorcycle accidents to receive compensation for injuries caused by the accident.
Examples of motorcycle accidents?
Motorcycle accidents can occur in a variety of ways, including:
- Sudden opening of car doors (car-dooring)
- Road users who cut off or fail to give way to motorcyclists
- Vehicles who hit motorcyclists from behind
- Collisions with a motor vehicle
- Collisions with a pedestrian
- Collisions with property
Who can make a motorcycle accident claim?
Any party who has been injured in a motorcycle accident can make a motorcycle accident claim, including:
- A motorcycle driver
- A motorcycle passenger
- A road user (such as a driver or passenger of a motor vehicle)
- A pedestrian
What is required for making a motorcycle accident claim?
Seek medical attention
It is important to ensure that any injuries sustained from an accident receive immediate medical treatment. This is not only for health reasons, but also because medical records and receipts are required as evidence for any future claims. Even if you feel as though you have not suffered any injury, sometimes injuries take time to appear and seeking medical attention helps determine if any future medical treatment or ongoing care required, for compensation purposes.
Obtain the details of the other party
These details can include their registration number and their CTP insurer. In circumstances where you are unable to find the registration number or insurance details of the other party, you should ask the police or any witnesses for details. If the other party’s details are still unable to be obtained, such as during a hit and run, then you are still eligible to claim for compensation under the Nominal Defendant Scheme.
Report the accident to the police as soon as possible
If you have failed to report the accident within 28 days, you will be required to justify this delay when making a claim. Ensure that once you have reported the accident, you receive an event number from the police as this will be required for future claims.
Lodge an accident notification claim
This claim must be lodged with the CTP insurer of the negligent party, within 28 days of the accident. For this claim, you can receive up to $5000 in compensation for expenses incurred up to 6 months after the accident occurred.
Lodge a personal injury claim
This claim must be also be lodged with the CTP insurer of the negligent party, and within 6 months of the accident. This claim is for when the victim expects their expenses to amount more than $5000, or that their recovery time will exceed 6 months.
Who pays out the compensation?
Under the Compulsory Third Party (CTP) insurance scheme, all motorcycle owners in Australia are required to have CTP insurance. Therefore any party injured by a motorcycle are covered by the scheme, and compensation claims can be made against the insurer of the negligent party (usually the owner or driver of the vehicle).
What can the injured party claim compensation for?
- Replacement or repair of damaged property (including the motorcycle, helmet, clothing, GPS, iPod or other personal items)
- Medical, rehabilitation and hospital expenses
- Home modification and attendant care expenses
- Loss of earnings or earning capacity
- Pain, suffering and loss of enjoyment of life (if the motorcyclist has suffered a whole person impairment over the 10% threshold)
What precautions should motorcyclists should take?
A motorcyclist should ensure they have taken all the necessary precautions, such as:
- Wearing a helmet
- Wearing the appropriate gear, such as clothing with little exposure and sturdy shoes
- Leaving an appropriate gap between the motorcycle and other road vehicles
- Checking the condition of the motorcycle often
What precautions should motorcyclists should take?
A motorcyclist should ensure they have taken all the necessary precautions, such as:
- Wearing a helmet
- Wearing the appropriate gear, such as clothing with little exposure and sturdy shoes
- Leaving an appropriate gap between the motorcycle and other road vehicles
- Checking the condition of the motorcycle often
Not only do these precautions better ensure the safety of the motorcyclist, but it helps to claim the fullest compensation available. If the motorcyclist has not taken the necessary precautions, a driver may argue the defence of contributory negligence against any claims made. For example, a driver may claim that the motorcyclist failed to wear the appropriate gear, and therefore the motorcyclist was partly responsible for their injuries. Where the motorcyclist is deemed partially or fully at fault, the amount of compensation available will be smaller in value.
Are there time limits in making a motorcycle accident claim?
Yes, strict time limits do apply. Therefore, is important to ensure you make a claim as soon as possible to secure your best chance at receiving motorcycle accident compensation for your injuries.
For more information about road accident compensation, contact Schreuder Partners today.