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Motorcycle accident claims: your guide to compensation

There’s no such thing as a “good” motor vehicle accident, but when you’re on a motorcycle, the stakes can be much higher. What might be a frightening, but ultimately minor, incident in a car can be life-threatening on a motorbike. 

In this February 2026 guide, we’ll take you through everything you need to know about making a motorcycle accident claim and navigating the compensation process with confidence.

What to do after a motorcycle accident

If you’ve just been in a motorcycle accident, the first priority is your safety. Once you’re safe, follow these steps:

At the scene

  • Call the police to report the incident and obtain a claim number
  • Exchange information with the other parties involved (including vehicle make, model, colour, and registration
  • Obtain details from any witnesses
  • Take photos of all vehicles and any visible damage
  • Photograph  the scene, including the resting position of all vehicles involved, surroundings, and any factors that may have contributed to the accident
  • Document the time, location, and conditions (such as the weather or road conditions).

After the accident

  • Seek medical treatment and evaluation (even for minor injuries)
  • Report the incident if you were unable to do so at the scene
  • Notify your insurer or the relevant state regulatory body to make a claim
  • Consult an experienced motor vehicle accident lawyer for guidance.

Find out how much you can claim today

Can I claim motorcycle accident compensation?

In Australia, compensation for motorcycle injuries is generally covered under the Compulsory Third Party (CTP) scheme. Whether you can claim depends on several factors, including the state or territory where the accident occurred and the severity or permanence of the injury sustained.

 

If there was no other party involved in the accident—such as losing control due to a pothole—you may need to provide proof of negligence to claim certain types of compensation.

 

In almost every state and territory, if another party was at fault for your motorcycle accident, you are likely eligible for compensation

At-fault CTP states vs no-fault CTP states

Depending on where your accident occurred, you may be entitled to compensation regardless of who was at fault. Australian states and territories are generally classified as at-fault or no-fault systems.

SystemDescriptionStates where it applies
At-fault states

If the rider is determined to be at fault, they are generally not eligible for compensation.

  • Queensland
  • South Australia
  • Western Australia
No-fault states

Riders may still be entitled to some compensation even if they were at fault, particularly if they suffer serious injuries, impairment, or loss of income.

In NSW, compensation is limited to personal injury only (medical treatment, rehabilitation, pain and suffering, lost income related to injury). Property damage is never covered under CTP.

  • Victoria
  • Tasmania
  • Australian Capital Territory (ACT)
  • Northern Territory
  • New South Wales

When compensation may not be permitted

In all states and territories, compensation may be denied if the accident or resulting injuries were caused by serious wrongdoing, such as:

  • Gross negligence or reckless behaviour
  • Criminal activity
  • Driving under the influence of alcohol or drugs
  • Self-harm.


Compensation may also be reduced if contributory negligence applies. That is, if the injured rider is found partly responsible for the accident. In these cases, the amount of compensation may be proportionally reduced to reflect the rider’s share of fault.

Key takeaway

Australia is generally split between no-fault and at-fault CTP states and territories. In at-fault states, riders who caused the accident cannot claim compensation. In no-fault states, basic medical compensation can be claimed regardless of fault. Across all jurisdictions, compensation may be denied for serious wrongdoing and may be reduced if contributory negligence is found.

What if the other driver has no insurance, or it’s a hit-and-run?

If the other driver does not have CTP insurance, you may still be able to claim compensation through your state or territory’s motor accident authority. Each jurisdiction has schemes in place to cover victims when the at-fault driver cannot pay.

 

In a hit-and-run situation, similar rules apply: you can usually make a claim through the state motor accident authority to cover your injuries. It’s important to report the incident to the police as soon as possible, as this will be required when lodging a claim.

What can I claim compensation for after a motorcycle accident?

Apart from any injuries, being involved in a motorcycle accident can impact your ability to work, your income, and your wellbeing. Compensation can cover a range of expenses that result from the accident.

 

Medical expenses

  • Immediate medical expenses from the accident
  • Ongoing medical expenses resulting from the accident, like rehabilitation
  • Psychological trauma and expenses.

Wages and income

  • Lost income during recovery
  • Loss of earning capacity due to the accident
  • Vocational training.

Pain and suffering 

Get a free claim check

What is the difference between threshold and non-threshold injuries?

Though the exact terminology varies state by state, insurers will often categorise any injuries as major or minor in some states, or as non-threshold or threshold in others. This classification is one of the ways they determine what kinds of motorcycle accident compensation you may be eligible for. 

Minor (threshold) injuries

Minor (threshold) injuries are generally less severe and are unlikely to have any lasting impacts. Injuries that are expected to fully heal within a year and do not require ongoing treatment or expenses are typically classified as minor. 

 

Examples of minor injuries include:

  • Whiplash or other neck injuries
  • Soft tissue injuries (e.g., sprains, strains)
  • Minor fractures
  • Bruises and contusions
  • Cuts and lacerations
  • Mild concussion or head injury without lasting impairment
  • Psychological injuries, such as stress or anxiety, that are not permanent.

Major (non-threshold) injuries

Major (non-threshold) injuries are more severe and have a greater chance of long-term or permanent effects. An injury that is likely to need ongoing treatment, medical expenses or may permanently impact your future earning capacity will usually be categorised as a major injury.

 

Examples of major injuries include:

  • Spinal injuries
  • Brain injuries
  • Loss of a limb (amputation)
  • Severe burns
  • Loss of sight or hearing
  • Permanent disfigurement
  • Multiple fractures or complex fractures with long-term impairment.

Want to learn more about personal injury claims?

How to make a motorbike accident compensation claim

Every Australian state and territory has its own compulsory third party (CTP) or motor accident injuries scheme, but most follow a broadly similar process for claiming compensation after an injury‑causing motorcycle crash.

Step 1: Report the accident to the police

If the accident involved injury, you must report it to the police. Ideally, at the scene, or by calling the Police Assistance Line or visiting a police station soon after. In many states, a police event number is required before you can lodge a claim.

Step 2: Seek medical evaluation

Get medical treatment for all injuries as soon as possible. Ask your doctor to complete an official medical form or certificate documenting your injuries and required treatment. This is a key piece of evidence for your claim.

Step 3: Begin your claim

Each state/territory has its own claim process with its regulator or CTP insurer. Generally, you’ll need to:

  • Find out the CTP insurer of the at‑fault vehicle (many states have online search tools or a contact service to help)
  • Complete the required claim forms
  • Lodge them with the insurer within the time limit (often within three months of the accident, sometimes sooner if you want back‑dated income loss).
 

Here are the main regulators/CTP schemes by state and territory:

Australian Capital Territory

Motor Accident Injuries Commission

New South Wales

State Insurance Regulatory Authority

Northern Territory

Major Accidents Compensation Scheme

Queensland

Motor Accident Insurance Commission

South Australia

CTP Insurance Regulator

Tasmania

Motor Accidents Insurance Board

Victoria

Transport Accidents Commission (TAC)

Western Australia

Insurance Commission of Western Australia

Step 4: Reach out to a lawyer

An experienced lawyer is able to help you assess your eligibility for a common law claim if your injuries are permanent, serious, or significantly impact your life. This can allow you to pursue higher compensation for pain and suffering, future care, and lost income.

Expert tip

When compiling evidence for your motorbike crash claim, focus on evidence that proves how the accident affects your daily life. Photos, medical notes, and witness statements matter more than minor paperwork. Prioritise documenting symptoms and limitations promptly, while they’re fresh. Small details now can make or break your compensation later.

What’s the difference between a motor vehicle accident claim and a common law claim?

After a motorbike injury, you can access compensation through your state or territory’s motor accident/CTP scheme, or, if your injuries are serious, pursue a common law claim against the at-fault driver.


Motor Vehicle Accident (MVA) / CTP claim

This is usually the first step. It covers medical costs, rehabilitation, and some lost income. 

Many people start here on their own, but the compensation may be limited. A lawyer can help ensure all eligible costs are claimed and advise whether a common law claim is possible.

Common law claim

This is a negligence-based claim against the at-fault driver or their insurer.

If you have permanent or serious injuries, a lawyer can help pursue higher compensation, including pain and suffering, loss of future earnings, and long-term care costs. State and territory rules vary, and legal advice ensures you meet thresholds and deadlines.

Key takeaway

While anyone can lodge a basic CTP claim, professional legal support is often essential to access the full compensation you may be entitled to.

Next steps with GMP Law

At GMP Law, we offer No Win, No Fee representation, so you won’t pay legal fees unless your claim is successful. If you believe you’ve been affected by medical negligence, acting early can make a real difference.

Here’s how to get started:

Book a free consultation:

Reach out to schedule your no-obligation consultation with one of our experienced personal injury lawyer.

Tell us your story:

Share your experience, including symptoms, treatment, and outcomes. We’ll listen carefully and help assess whether you have a viable claim.

We review your case:

Our legal team will access and analyse your medical records, seek expert opinions, and explain your legal options.

Proceed with confidence:

If we take on your case, it will be on a No Win, No Fee basis, ensuring peace of mind as we advocate for your rights.

Frequently Asked Questions about motorcycle accident claims

  • How much are most motorcycle accident settlements?

    Motorbike accident compensation varies greatly from case to case. They depend on the severity of injuries, lost income, medical and rehabilitation costs, and whether a common law claim is pursued with legal support. Based on some of our past motorcycle injury claims, settlements have ranged from around $200,000 to $600,000, reflecting cases with serious injuries, long-term impacts, or significant disruption to daily life.

     

    Because motorcycle crashes often result in more severe injuries than other road accidents, settlements in these cases tend to be higher than average.

  • Does no-fault insurance cover a motorcycle accident?

    No-fault insurance can cover many costs after a motorcycle accident, but it doesn’t cover everything.

     

    In most states and territories, it covers medical treatment, rehabilitation, and lost income regardless of who was at fault. However, it does not cover property damage, so repairs to your motorcycle require comprehensive or third-party insurance.

  • Should I hire a lawyer for my motorcycle accident claim?

    Not every claim requires a lawyer, but having an experienced lawyer can significantly improve your outcome. They can:

    • gather and organise all necessary evidence.
    • navigate the claims and legal process.
    • negotiate with insurers to maximise your motorcycle injury compensation.
    • ensure you receive full entitlements, including common law damages where eligible.

     

    At GMP Law, we operate on a No Win No Fee basis, so you pay nothing until you win your motorbike accident claim. Professional guidance is especially important if your injuries are serious or permanent.

About the Author

Vrege Kolokossian

Senior Partner

Vrege Kolokossian, Senior Partner at GMP Law, specialises in Motor Vehicle Accidents (MVA) and Public Liability claims. With his sharp legal acumen and compassionate approach, he consistently achieves outstanding results for his clients.

Why choose GMP Law for your personal injury claim

Proven track record

With 35 years of experience, we have successfully represented clients in personal injury cases across Australia, including:

  • 35,000 victories and counting
  • $4 billion in claims won
  • Successful verdicts in contested court proceedings
  • Recognition from peers for our expertise in this field.

Client-centred approach

The team at GMP® recognise the physical, emotional, and financial toll that injuries have on individuals and their families.

Our commitment to our clients includes:

  • Free initial consultations to assess potential claims
  • No Win No Fee arrangements
  • A 90-day exit period for added flexibility
  • Regular and clear communication throughout the process
  • Compassionate support from start to finish
  • Focus on maximising compensation in the shortest possible time.
GMP Law® is the only Australian firm that stands behind our service with a written cost reduction promise, offering you complete peace of mind with your claim. We are committed to delivering expert legal guidance with empathy and care, and will work tirelessly to achieve the best possible outcome for
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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