Cycling Accident Claims

Bicycle Accident Lawyers in Melbourne VIC

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Melbourne Bicycle accident claims

Are you the victim of a cycling accident in Melbourne VIC?

Your injuries could change your life forever. Including your ability to work and enjoy the simple things in life. 

The impact of a cycling accident can be devastating.

Making a claim for cycling accident compensation could help you get back on track.

If you retain Menzies Legal, we can guide you through the process. Giving you plain-English legal advice so you can get back in control of your life. Contact us to learn more about cycling accident claims.

CYCLING ACCIDENT CLAIMS

Frequently Asked Questions About Cycling Accident Claims

This will depend upon the circumstances of your accident.

If you were involved in a bicycle accident in Victoria which was caused by a driver of another motor vehicle whether it be a car or a public transport vehicle you may be entitled to compensation.

You may still be entitled to compensation if your accident did not involve another vehicle.

It is important that you obtain legal advice as early as possible so you know where you stand and what you may or may not be entitled to claim.

Ensure you see your doctor as soon as possible after the accident and obtain the treatment you need. Be sure to tell your doctor about all injuries and sources of pain even if they seem minor at the time.

If the police do not attend the accident you should make a report to Victoria Police as soon as possible. Make sure you keep a copy.

You should contact the compulsory third party insurer which in Victoria is TAC and fill out the claim form. This can be done online or you can call 1300 654 329.

It is important that you seek legal advice before lodging the claim form with TAC or have your lawyer assist you with this process so you know that it has been done properly.

Yes – you have 1 year from the date of the accident or from when the injury first manifests to lodge a claim with the TAC.

Claims may be considered by the TAC if made within 3 years of the date of accident or date upon which your injury first manifests if it can be established that there are reasonable grounds for the delay.

It is important that you obtain legal advice early. 

You may be entitled to a variety of different benefits depending upon the circumstances of your accident and the severity of your injury.

Typically you can access payment of medical expenses and other similar expenses such as ambulance, hospital, surgery, physiotherapy, medication and assistance with home cleaning and garden upkeep.

In addition you may be reimbursed for lost income if you cannot return to work for greater than 5 days. This can be between 80% to 100%  of your pre-injury income capped at a maximum of $1,390 per week (as at 1 July 2019).

If you have a permanent impairment as a result of your injury you may be entitled to a lump sum of compensation known as a permanent impairment benefit

Once your injury has stabilised and independent medical examiner will meet with you and undertake and examination. Your level of impairment will then be assessed under the AMA Guides to Permanent Impairment. 

If your level of impairment is assessed as 11% or more you will receive a lump sum benefit of $7,880 ( as at 1 July 2019). The sum increases with each % point Eg. 15% – Benefit of $13,720 ( as at 1 July 2019)

Time limits apply to applications for permanent impairment claims so please contact Menzies Legal for further information.

Additional benefits may be available to you if it can be established that a driver of another vehicle was at fault or partially at fault.

This is called a common law claim. 

In order to proceed with a common law claim you need to establish you have a ‘serious injury’. This is a legal test which takes into account medical assessment and the impact of the injury on your everyday life.

If you meet the criteria you may be eligible for compensation:

  1. Pain & suffering and loss of enjoyment of life – $558,760 (max. as at 1 July 2019)
  2. Loss of past and future earnings – $1,257,290 (as at 1 July 2019)

If you are uncertain as to whether you may be eligible for an Impairment Benefit or Common Law compensation please don’t delay in obtaining legal advice.

Telephone Menzies Legal for a free, no obligation telephone consultation. 

Once you lodge your claim with TAC, TAC will either accept or reject your claim generally within 21 days. 

If your claim is accepted you will receive payment of medical expenses.

Claims for permanent impairment benefits can take longer as your injury has to be stable before your level of impairment can be assessed. Impairment benefit claims can take up to 18 months or 2 years. This is especially so if you need to have surgery.

Using a lawyer to lodge and manage your claim ensures you are fully informed of your potential entitlements and your claim is maximised. 

Menzies Legal charge on a No Win/No Fee basis for TAC claims. Please refer to our Legal Costs section for further details.

What is the cycling accident claims process?

Step 1: 

When you contact us, you’ll speak directly with a lawyer. 

Step 2: Ask specific and clear questions

When we speak with you on the phone we will ask some questions about when and where your accident occurred, what injuries you have suffered and what medical treatment you have received.

If you then want to schedule an appointment we can put that into place.

Step 3: Appointment – We understand that a lot of your time is spent going to medical appointments, doing rehab or simply resting and that you need to focus on your recovery.

That’s exactly where your focus should be.

We know that not being well enough to work or travel is frustrating so we can make the process easier.

You may just not want to sit in Melbourne traffic.

If you cannot come to our office in Black Rock we can make a home  visit or we can schedule an online meeting using video chat.

We look after clients from all over metropolitan Melbourne and in country Victoria so distance is simply not an issue for us.

We make regular visits to Bacchus Marsh and Ballarat in particular and can schedule meetings after hours and at weekends.

Step 4: First Meeting:

Your first meeting with us will be with Kiera Menzies who is the Principal Lawyer at Menzies Legal.

Kiera is an experienced personal injury lawyer with in excess of 20 years experience in personal injury law.

Kiera will listen to your story and ask some more detailed questions about how you were injured, learn more about how the injury has affected your everyday life and what medical treatment you have had.

Kiera will then explain what options you may have going forward and explain how legal costs work.

Prior to meeting with Kiera, we ask that you complete our online questionnaire which will mean we can concentrate on the issues which are most important at our meeting.

If after the meeting you do not want to retain Menzies Legal there will be no charge for the appointment.

Step 5:

We will send/email some paperwork to you for signing and then get your claim underway.

You can continue to concentrate on your recovery and let us deal with the insurers and form filling.

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