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Cycling Accident Claims

Bicycle Accident Lawyers in Melbourne VIC

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Melbourne Bicycle Accident Claims | TAC claims

Are you the victim of a cycling accident in Victoria?

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

Working with Menzies Legal will ensure you’ve got someone on your side.  

Contact us to learn more about pursuing a TAC claim for a cycling accident.

Can I claim compensation if I was injured as a result of a bicycle accident?

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, truck or a public transport vehicle (bus, tram or train) you may be entitled to compensation.

You may still be entitled to compensation if your accident did not involve another vehicle. For example, the operation of a vehicle caused you to have an accident even though you did not actually collide with that 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.

How do I make a claim in Victoria?

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 in Victoria (this is the Transport Accident Commission – TAC) and fill out the claim form. This can be done online here or you can call 1300 654 329 and lodge your claim over the phone.

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.

Do I have to lodge a claim within a certain time?

Yes, time limits apply.

You generally 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.

For children claiming TAC compensation

Children who are injured in a motor vehicle collision, whether it be as a passenger, as a pedestrian or as a cyclist, may also be entitled to compensation through the TAC.

The injured child’s parent or guardian should lodge a claim with the TAC. If no claim is lodged on behalf of your child prior to the age of 18, generally the child can lodge a claim themselves up to the age of 21 years. (S.68 Transport Accident Act 1986)

If in the unfortunate event your child has sustained an injury which results in a permanent impairment, your child may also be eligible to a form of weekly benefit called a Minor’s Additional Benefit. This will be dependent on the level of impairment being over 11% as assessed by an independent medical examiner.

You can find out more about TAC claims for minors here.

Children may also be eligible for lump sum Common Law compensation. The Transport Accident Act 1986 requires that such claims be lodged within 6 years of the child turning 18. Claims must be lodged prior to their 24th birthday.

It is important that you obtain legal advice early.

What TAC benefits are available if I am injured in a bicycle accident?

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 and indexed annually).

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

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

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

What is a common law claim and when am I eligible?

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 the following compensation:

  1. Pain & suffering and loss of enjoyment of life; and
  2. Loss of past and future earnings.

If you are uncertain as to whether you may be eligible for common law compensation please don’t delay in obtaining legal advice.

Telephone Menzies Legal for a free, no obligation telephone consultation – 03 9069 9997.

How long does it take for a claim to be processed?

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

If you have been unable to return to work for more than 5 days you may be able to claim for loss of earnings. The time it takes for your claim for loss of earnings to be assessed will also depend upon the timely provision of documents which support your level of earnings, such as tax returns and payslips.

A once-off interim payment can be paid for up to 2 weeks whilst you gather your documents, providing you have made a claim for loss of earnings.

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.

How much does it cost to make a claim?

Menzies Legal charge on a No Win/No Fee basis for TAC claims.

You can find out about “How we charge” here

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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