When does the TAC scheme apply to cyclists?
If you are a cyclist injured in an accident directly caused by
the driving of a motor vehicle, tram or train you should lodge a
claim with the TAC.
The TAC will also be liable in the following circumstances:
- a collision with an open or opening car door, or
- there is no collision but your injury was caused by a feature
of driving, for example, swerving to miss a collision with a
car.
What does the TAC pay for?
The TAC can pay the following no-fault benefits to cyclists:
Where your injuries result from someone else's negligence you
may be able to make a common law claim for
damages.
What do I do if my accident is the result of poorly maintained
road/path?
If your accident is caused by a dangerous road surface or raised
manhole you may be able to claim for damage caused to your
bicycle/goods in the accident from the responsible council or
utility provider.
If you are injured, you may be able to bring a negligence claim
for damages against the responsible council or utility
provider.
For claims for pain and suffering the law requires you to prove
a 6% or more physical permanent impairment and/or 11% or more
psychiatric permanent impairment. This means the long-term effects
of the accident must be significant.
You can claim medical treatment costs and lost wages even if the
injury is less than 6% (for physical injury) or 11% (for
psychiatric injury), but the financial loss needs to be significant
to justify the legal costs incurred in bringing a claim.
Property damage claims
If you are involved in an accident in which somebody is at
fault, you may be able to claim for the damage caused to your
bicycle/personal items in the accident. You can claim for the
reasonable costs of repairs to your bicycle or the pre-accident
value of your bicycle minus salvage. You can also claim in respect
of your clothing, cycling accessories or any other goods damaged in
the accident.
Bicycle Victoria members
If you are a member of Bicycle Victoria you are entitled to receive
legal advice regarding a letter of demand at no cost as a benefit
of your membership.
Want to know more about TAC claims?
Our team of expert TAC lawyers are experts in TAC compensation
claims. We are happy to advise you on your situation during a free
first consultation. For advice and help with a claim, click here to be to be contacted by a TAC
lawyer or call 1800 810 856.