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Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.

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Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.

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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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Bicycle Accident Lawyer

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At GMP Law, we work to ensure you receive the compensation you deserve for your personal injury. We know that maximising your bicycle accident compensation requires a team of highly experienced personal injury lawyers who can gather evidence and prove your case — and we’ve got you covered.

GMP Law has over 35 years of experience helping our clients improve their financial situation after an accident, ensuring proper payouts to cover their needs. And, we make our legal services accessible through our no-win, no-fee policy: this means that we only get paid if your case is successful. 

Book a free, non-obligation consultation today to speak with one of our specialised personal injury lawyers.

Overview

Managing bicycle accident claims

You may be doing everything right — from wearing your helmet and signalling where you’re going, to remaining in the bike lane and choosing less busy roads. But there are certain situations you can’t avoid that could put you in danger of getting into an accident. 

In many cases, drivers may not see the bicyclist or are not taking the necessary precautions to avoid them. Unfortunately, this negligence can result in serious injuries for bicyclists otherwise riding with caution. 

Some instances where you may get into an accident:

  • A driver attempts to turn right without yielding to the oncoming bicycle rider. 
  • A driver passes a bicyclist on the right but makes an immediate left turn without a signal, placing the vehicle directly in the path of the bicycle. 
  • A car door unexpectedly opens in the bike lane in front of a rider. 
 

Bikers need to be constantly vigilant while travelling on the road with motor vehicles. Unsurprisingly, if you ride around in urban areas, you will need to increase your awareness even more. There are more cars and distractions around that a rural area just does not have. However, a rural area could have more faulty roads to ride on that could cause injury as well.

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Visibility is key to avoiding an accident. Be sure to signal when you’re about to turn, use a headlight and wheel lights when riding at night and coast as far away from the road as possible. 

To file a cycling accident claim, you will need to meet these two requirements:

  1. There was a vehicle involved in the accident. 
  2. You have injuries that involve time off work, physical therapy treatment or being admitted to a hospital. 
 

If your bike accident involved a faulty road, such as potholes, then you may be eligible for a public liability claim. 

 

Everyone who registers their vehicle likely has Compulsory Third Party (CTP) insurance as well. This will help cover your injuries in an accident after you file a compensation claim with your insurer. After filing, you may be eligible for a lump sum payout.

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How to make a claim

Bicycle injury claims generally fall under the umbrella of either a public liability claim or a motor vehicle injury claim. For both, the general eligibility criteria are as follows:

  • An individual or institution (car driver, owner of the public space, etc) owes you a duty of care whereby necessary steps are taken to ensure safety. 
  • This duty of care was breached — i.e., negligent driving, inadequate road maintenance or other related causes. 
  • The breach of duty directly led to your injury. 

 

In some cases, partial responsibility may still warrant a bicycle injury claim, though the compensation entitlements differ slightly. Nonetheless, if you have become injured as a result of a bicycle accident that occurred either completely or partially because of another’s negligence, then consider speaking with a personal injury lawyer. Your solicitor will analyse the merit of your case and offer you legal advice accordingly.  

While gathering evidence and speaking to a personal injury lawyer is the first port-of-call if the injury has already occurred, below are general steps to follow in the wake of an injury. 

  1. Call the police and get an event number.
  2. Get the details of the other party and their insurance company information. 
  3. Record the scene with pictures and witness testimony. 
  4. Visit your general practitioner for an injury assessment even if you don’t feel like you incurred any. A record of the accident and your accident trauma will help you make a cycling accident claim. 
  5. Contact your place of work or school to notify them if you’ll need any time away.
  6. Submit your claim before the statutes of limitations in your state or territory.

 

In serious accidents, you may be eligible for both lump sum payments and weekly payments if you are out of work and need medical assistance and training. It’s important to speak with a bicycle crash lawyer at Gerard Malouf & Partners (GMP Law) about your claim to see what you may be eligible for and get help with the filing process

How is compensation calculated?

Your compensation will largely depend on your level of injury or whether medical professionals deem your trauma as minor or non-minor. 

A minor injury involves soft tissue pain like surface scratches or muscle tightness. However, a non-minor injury involves pain with larger impacts on your organs, spine or brain. With that in mind, we’ve seen motor vehicle accident payouts range between $60-800k or more. 

The amount you win in an accident as a cyclist hit by a motor vehicle will depend on:

  • Lifestyle.
  • Age. 
  • Income. 
  • Responsibility for the accident (at-fault or partial fault). 
  • A necessity for medical care or help in your home.
  • Loss of quality of life, mental stability or any other non-economic injury.

How long will it take to get compensation?

The length of time before receiving insurance benefits will depend on how far you take the case. If you take your claim to court, for example, it may be more than a year before you’ll see any payout. In other situations, your claim could be resolved within one to two months, depending on when your injuries settle and the complexity of your case. 

Working with an experienced cycling accident lawyer will help expedite the process as much as possible.

How long do you have to file a bicycle accident claim?

Filing as soon as possible is ideal, but sometimes your injuries are not fully realised until much later. Here are the limitations across the country to staying eligible for cycling accident compensation:

  • New South Wales: Up to three months after the accident has occurred. 
  • Victoria: Up to six years after the collision. 
  • ACT: Up to 30 days to file a claim for your bike accident. 
  • Queensland: Up to nine months after the accident.   
  • Northern Territory: Up to six months after the accident. 
  • Western Australia: Up to three months after the accident has passed.  

 

If, for some reason, you need to file after any of these deadlines, working with bicycle accident lawyers may be your best way toward compensation, given the complexity of such an appeal.

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Gerard Malouf & Partners

Your bicycle accident lawyer

Getting injured in an accident on your bike has the potential to be a long and painful journey to recovery. But, with GMP Law, your chances of a maximised payout are much greater. We not only walk through the legal processes for you, but we work hard for all of our clients to ensure we’ve found every reason they need coverage. 

Sometimes dealing with insurers is a struggle, but we have everything you need for success. GMP Law is the leader in personal injury Australia-wide and has won an excess of $4 billion in personal injury compensation for clients. Contact a GMP Law accident lawyer today for a no-obligation consultation to discuss your case.

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Meet the Bicycle and Motor Vehicle Accident team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Bicycle and Motor Vehicle Claims.

Rita Furfaro
Special Counsel
Vrege Kolokossian
Senior Partner
Garbis Kolokossian
Partner

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
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Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
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.
Resources
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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