Cyclists’ rights
in Queensland

Cyclists who have suffered an injury in an accident in Queensland involving a truck, car, bus or motorcycle can claim compensation if the accident was at least partly someone else’s fault.

Maurice Blackburn has lawyers throughout the State who can provide you with legal advice if you are a cyclist injured in an accident with a motor vehicle. We offer a free first consultation and if we believe you have a claim, we can act for you on a no win, no fee basis.

Frequently Asked Questions

Can I make a CTP claim?

As a cyclist in Queensland, you may be able to make a Compulsory Third Party (CTP) claim to obtain compensation for pain and suffering, loss of wages and past and future medical expenses, if:

  • you have you suffered an injury in an accident with a motor vehicle (ie a truck, car, bus or motorcycle), and
  • the accident was at least partly someone else’s fault.

This includes ‘doorings’, when cyclists collide with a car door that is suddenly opened in their path.

CTP claims are made to the CTP insurer for the vehicle at fault for the accident (when the insurer can be identified). The Queensland CTP insurers are AAI Ltd, RACQ, Allianz, and QBE Insurance.

If the vehicle cannot be identified or is unregistered at the time of the accident, a claim can be made through the Nominal Defendant (a Government-run insurance company).

What injuries are covered?

The CTP insurer covers all physical injuries, as long as there is a connection between the injury and the motor vehicle accident. You can also claim for:

  • fatal injuries (claims can be made by dependants or estates)
  • injuries to babies in the womb
  • pre-existing injuries made worse by the accident, and
  • psychological conditions caused by the accident (including witnesses).

What medical and rehabilitation expenses can I claim?

The CTP insurer normally covers all private hospital, medical and pharmaceutical expenses.

The insurer will also pay for reasonable and appropriate rehabilitation expenses, such as physiotherapy, hydrotherapy, hire of wheelchairs, crutches and psychological counselling.

What types of accidents are covered?

CTP insurers cover a number of accident types, including a cyclist being hit by a vehicle or hitting an opening door of a vehicle (“dooring”). People who witness an accident and the dependants of someone who dies in an accident can also claim.

Claims can also be made by cyclists who suffer personal injuries in accidents with motor vehicles that occur in other states. See the information on other State road accident schemes.

Is there a time limit?

Yes, strict timeframes apply. Our local lawyers can help you understand your legal rights and ensure you lodge your claim on time.

If someone dies in an accident, can anyone else make a claim?

In cases where a cyclist dies in an accident involving a motor vehicle, the dependants of that person can claim for the loss of the income they depended upon. If children are involved, the claim must be made within three years of the child’s 18th birthday.

If there are no dependents, the deceased’s estate can claim for funeral expenses.

Who pays for CTP claims made by cyclists?

Owners of all registered motor vehicles in Queensland must pay CTP insurance to cover personal injuries to other people caused, or contributed to, by the driving of that vehicle.

When you lodge a CTP claim with the CTP insurance company for the vehicle at fault for the accident, you are suing the insurer of the driver, not the driver involved in the accident. The insurer – AAI Ltd, RACQ, Allianz, QBE Insurance or the Nominal Defendant – covers the claim.

What about WorkCover?

In most cases, if your bike accident is linked to your work, you can make a claim under both the CTP and WorkCover schemes. Like CTP claims, WorkCover claims should be lodged quickly.

If your claim is accepted by WorkCover you can receive benefits for lost wages, which are not available under the CTP scheme. However, you won’t be able to make a damages claim against your employer unless the accident was caused by their negligence. We can explain these legal rights during your free first consultation.

What about superannuation?

As an injured cyclist, if you are unable to return to work you may also have entitlements under a policy of insurance through your superannuation for temporary and permanent disability (TPD) cover. We can explain these legal rights during your free first consultation.

What should I do after an accident?

You need to report the accident to the police if anyone is killed or injured, or if property damage worth more than $2,500 occurs. If no police officer attends the scene, report the accident to the nearest police station as soon as possible, unless injury prevents you from doing so.

At the scene, you should get the following details:

  1. Name, address, telephone number and driver’s licence number of the driver of the vehicle.
  2. All details about the vehicle in question, including make, model and registration number.
  3. Any witnesses to the accident including name address and phone number.
  4. The exact date time and location of accident.

Can I make a property damage claim?

If you are a cyclist involved in an accident that was not your fault, you may also recover compensation from the person who caused the accident for damage caused to any of the following:

  • bicycle
  • helmet
  • gloves
  • glasses
  • clothing
  • shoes,
  • any good you were carrying on your bike when you had the accident.

To recover the cost of damage caused to these items, receipts for replacement or repair will be required.

You will need to send a letter of demand to the person who caused the accident. We can provide you with this letter.

You will need to start legal proceedings if the dispute cannot be resolved, or no response is received from the person at fault (or their insurer). Maurice Blackburn can provide you with advice on this process.

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