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Man deemed not completely at fault despite riding an illegally motorised bicycle

Case Overview
  • Our client was involved in a motor vehicle accident riding an unregistered bicycle, was not wearing a helmet, and did not hold a license. 
  • The insurer determined that our client was at fault because he was riding illegally.
  • We were able to get the insurer to overturn their decision and ensure that our client receives compensation

Our client is a middle-aged man who was involved in a motor vehicle accident in which he was riding an illegal and unregistered modified motorised bicycle. The insurer denied his claim both for damages and for statutory benefits on the basis that our client was wholly or mostly at fault (being more than 61%) for the collision.

 

The insurer determined that our client was mostly at fault for the accident as he was riding an illegal and unregistered motorcycle, was not wearing a helmet, did not have lights on his bike when riding at night, and did not hold a licence.

Our Approach

We lodged an application with the Personal Injury Commission for independent assessment. In lodging, our application, a solicitor at Gerard Malouf & Partners attended the police station to view the police evidence relating to the accident. Our solicitor was shown photos of the bicycle which indicated that there was a light attached to the bike and viewed footage of the collision. After careful consideration of the footage, we made arguments that the insured driver had not used their indicator and that this was the primary cause of the collision.

 

We were ultimately successful, and the insurer agreed to overturn their decision, entitling our client to compensation. The solicitors at Gerard Malouf & Partners go above and beyond for your claims, investigating evidence that the insurer failed to investigate, to ensure you receive the compensation you deserve.

 

If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights, even if you may have contributed to the accident. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.

 

The Result

We were able to prove that our client was not completely responsible for the motor vehicle accident and was therefore eligible for compensation

Melissa Eades Personal Injury Lawyer

Melissa Eades

Solicitor
Frequently Asked Questions

More Information

Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. If you’ve been injured in a motor vehicle accident, you’ll be glad to know that victims have the opportunity to receive compensation as part of the motor accidents compensation scheme.

Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims. 

Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.

Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene. 

All drivers have a duty to other road users to take reasonable care. If it can be determined that anyone involved in the accident was not taking reasonable care, they can be found negligent and at fault. The top identifiers of negligence consist of:

  • Speeding
  • Failing to obey traffic lights or signage
  • Driving while intoxicated or otherwise under the influence
  • Failing to “keep a proper lookout”

If you are hit by another driver and they are found at fault, you can make a claim against them for damages. This can include any losses resulting from the accident, including damage to your vehicle.

However, if your actions also played a part in the accident, both drivers may be found at fault. This is called ‘contributory negligence’, and may be apportioned between you and the other driver in any percentage split. In such a case, you may be responsible for bearing part of the cost of the damages.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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