Written by John Cramp, Senior Lawyer
The cycling culture continues to grow in popularity across Victoria, whether as a mode of transport, a recreational activity or a way to improve health and wellbeing. From Melbourne’s busy bike lanes to regional roads throughout South West Victoria, more cyclists are sharing the road than ever before.
An increase in cyclists comes with an unfortunate reality, an increase in accidents involving bikes. A cycling accident can often lead to serious injuries, time away from work and mounting medical expenses.
In Victoria, under the state’s Transport Accident Commission (TAC), if you have been injured while riding a bike, you may be entitled to support and compensation. Navigating a TAC cycling accident claim can be complex, but understanding your rights early can make a significant difference to your financial security and long-term wellbeing.
At Maddens Lawyers, we have helped many clients in their TAC cycling accident claims. Kathryn, John, Jess and our experienced Personal Injury team can help you understand what entitlements you can access and assist you in claiming the bike accident compensation you deserve.
Can cyclists claim bike accident compensation in Victoria?
Many people assume that TAC claims only apply to motorists. However, they generally cover anyone who has been involved in an accident involving a registered motor vehicle, including if you are a cyclist.
You may be entitled to make a TAC bike accident claim if:
- You were struck by a car, truck, motorcycle, bus, or other registered vehicle
- You took evasive action to avoid a collision with a motor vehicle and were injured as a result
- You collided with a car door that was opened into your path as you passed the vehicle
It’s important to note that the TAC operates under a no-fault scheme. This means that eligibility for benefits does not necessarily depend on who caused the accident. Whether you weren’t looking or a car came into your bike lane, you may still have access to compensation and support following an injury.
If you are unsure if your circumstances qualify, seeking advice from our experienced team can help determine if you are eligible to make a TAC claim.
Common injuries sustained by cyclists
Cyclists have little physical protection except for their helmets, so when they are in accidents, injuries can be serious, even at relatively low speeds.
Common bike accident injuries include:
- Fractures and broken bones
- Head and traumatic brain injuries
- Spinal injuries
- Soft tissue injuries
- Facial and dental injuries
- Psychological injuries including post-traumatic stress disorder
For many cyclists who have been in road accidents, recovery is not simply a matter of healing physically. Serious injuries can affect employment, finances and quality of life for months or even years after the accident.
What TAC benefits are available to injured cyclists?
The TAC provides a range of benefits designed to help Victorians recover following a transport accident. Depending on the nature and severity of your injuries, you may be entitled to several forms of assistance.
Income support
If your injuries prevent you from working or reduce your ability to earn an income, the TAC may provide income support payments.
These payments are intended to help maintain financial stability during your recovery and can be particularly helpful if you are facing a long recovery and extended time off work.
Medical and treatment expenses
Depending on the severity of your injuries, the cost of medical treatment following a cycling accident can be substantial.
The TAC may cover medical costs for:
- Hospital treatment
- Surgery
- GP appointments
- Specialist consultations
- Psychological treatment
- Prescription medication
- Medical aids and equipment
Rehabilitation services
Recovering from a serious bike accident often requires ongoing rehabilitation and specialised support.
The TAC may help cover the costs of:
- Physiotherapy
- Occupational therapy
- Exercise rehabilitation programs
- Counselling and ongoing psychological treatment
Home and personal support services
A serious injury from a bike accident can make everyday tasks difficult or impossible for a period of time.
In certain circumstances, the TAC may assist with:
- House cleaning
- Gardening and property management
- Personal care support
- Transport assistance
Impairment Benefit lump sum
If you suffer a permanent impairment to a part of your body as a result of your accident, you may be entitled to an impairment benefit lump sum.
This is a one-off payment that recognises the permanent impact an injury has had on your life. The total sum of the payment depends on factors such as the nature, severity and permanence of the injury.
If your injuries have resulted in lasting restrictions, pain, loss of function or ongoing limitations, it is important to seek legal advice to ensure you are properly assessed and your full entitlements are considered.
Common Law damages
If your impairment is significant and the driver of the motor vehicle was at fault, you may also be entitled to pursue common law damages.
A common law claim is separate from standard TAC benefits and is intended to compensate you for the broader impact the accident has had on your life.
Depending on your circumstances, compensation may be available for pain and suffering, loss of enjoyment of life, past loss of earnings, and future loss of earning capacity.
Determining whether you meet the legal threshold for a common law claim can be complex. It is important to speak to an experienced TAC lawyer to help you understand if you have a viable common law damages claim for your injuries.
Our experienced team led by John and Jess have experience in common law damages claims resulting from a road accident and can help you navigate your way through.
How to lodge a TAC bike accident claim
Following a bike accident, it is important you take the right steps early to help protect your TAC entitlements and strengthen your claim.
- Seek medical treatment – Your health always comes first. Even if your injuries may seem minor, it is important to be assessed by a medical professional as soon as possible. Medical records play an important role in documenting your injuries and supporting your TAC claim.
- Report the accident to police – The accident should be reported to Victoria Police as soon as possible as most often you will be required to have a police reporting number for your claim.
- Gather evidence – Where possible collect photographs of the accident scene, photos of damage to your bike and equipment, vehicle registration details, witness contact information and any other relevant documentation.
- Keep detailed records – Retain receipts for medical expenses and any other correspondence relating to the accident and your injury.
- Lodge your TAC claim – Strict time limits apply to TAC claims so it’s important you lodge yours as soon as possible. Visit the TAC website to complete the TAC claim form.
- Seek legal advice – Navigating TAC entitlements can be complex, especially when dealing with injuries. Consulting with an experienced personal injury lawyer can significantly enhance your chances of receiving the full range of benefits you are entitled to.
Strict time limits apply to TAC claims
It is important to act quickly after you’ve had a cycling accident, as strict time limits apply to TAC claims. In most cases, a claim needs to be lodged within 12 months of the accident. However, in some circumstances, a claim could be accepted up to three years after the incident occurred.
Delaying your claim can affect your ability to access benefits and compensation, and will put you out of pocket with medical expenses for longer. Seeking legal advice as early as possible can help protect you and your finances and ensure important deadlines are not missed.
If you are unsure whether you are still within the acceptable time limit, the team at Maddens Lawyers can assess your situation and guide you through the next steps.
How a Personal Injury Lawyer can help maximise your TAC entitlements
Many injured cyclists are unaware of the full range of compensation and support available to them.
We can assist you in:
- Guiding you through the claims process
- Determining your TAC entitlements
- Assisting with lodging your TAC claim
- Gathering supporting medical evidence
- Assessing eligibility for impairment benefits
- Evaluating opportunities for common law damages
- Representing your best interests if disputes arise
At Maddens Lawyers, we understand that dealing with a serious injury can be overwhelming. Our Personal Injury team, led by John and Jess, works closely with injured cyclists throughout Victoria to help them access the support and compensation available to them under the TAC scheme.
To learn more about how we can help, visit:
Speak with us today about your TAC cycling accident claim
If you have been injured when you were out enjoying cycling, don’t wait to find out where you stand.
Contact Maddens Lawyers today to discuss your TAC bike accident claim, understand your compensation entitlements and get experienced legal advice tailored to your situation.
