Can Injured Cyclists Claim Compensation?

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The streets of the Illawarra have recently been buzzing with excitement as the UCI Road World Championships headed to Wollongong. Whilst these elite athletes had the benefit of riding on closed roadways, many not-s o-experienced cyclists are also hitting the road to experience some excitement of their own.

However, when things go wrong, are cyclists covered for compensation under the CTP Scheme? The simple answer is yes.

Generally, any person who is injured on a NSW roadway (or road-related area) as a result of the use or operation of a motor vehicle is entitled to claim compensation. This includes cyclists or pedestrians.

Therefore, if you consider a situation where a cyclist is riding along a high-speed country road and a vehicle ‘clips’ a cyclist in the process of overtaking, then this is a situation covered by the relevant CTP laws.

In such circumstances, a compensation claim is lodged against the CTP insurer of the at-fault vehicle. The claim will be assessed, and compensation benefits should be paid to the injured person. Whilst benefits can include periodic payments for lost wages, medical expenses, and potentially “pain and suffering”, each case needs to be assessed on its merits in determining the ultimate compensation which will be paid.

But what happens when a cyclist is injured by a vehicle that leaves the scene before registration and driver details can be exchanged?

In NSW, if an at-fault vehicle or driver cannot be identified following “due search and inquiry”, then the scheme will allocate at random a CTP insurer to handle your claim. In this situation the insurer is referred to as the “nominal defendant” and compensation can be sought from that insurer.

If you are a cyclist injured in an accident with a motor vehicle, then you could be entitled to compensation. Strict time limits apply, and you should seek advice immediately.