In an age when more environmentally sustainable forms of transport are encouraged, bicycle riding is increasingly popular. Most major Australian cities now have an extensive network of dedicated bike paths for riders to get safely around. But the increased number of bike riders means accidents with motorists are also all-too-common. More than 1000 cyclists a year suffer serious injuries on Australian public roads.

Cyclists have the same rights and obligations as motorists under Queensland’s compulsory third-party (CTP) insurance scheme, meaning that if injured in a road accident they are entitled to make a claim for compensation.

Injuries sustained by a cyclist, however, can be far more serious than those suffered by a motorist in an accident, for the obvious reason of their comparatively minimal protection. In making a claim, insurance companies are also more likely to try and allege a bicycle rider contributed to the accident by riding in areas meant for motorists, or did not wear appropriate safety gear, or did not take reasonable care while riding the bike. Like other road users, cyclists owe other road users a duty of care to exercise reasonable care while cycling to avoid causing injury to others.

We’ll take a look at these issues in more detail in this post.

Making a compensation claim if you’re injured riding a bike

Accidents on roadways are covered by Queensland’s CTP scheme. Common ways cyclists are injured include motorists suddenly cutting off or failing to give way to them; cars travelling in or across dedicated bicycle lanes; motorists pulling out of driveways, and; suddenly opening car doors.

Apart from a CTP claim, a cyclist may also be able to make a public liability claim on an insurance scheme if the injury occurred other than on the roadway, including in collisions with other unregistered bicycles, pedestrians, or as a result of unsafe paths or bikeways.

There are a series of first steps to be taken if you’re injured while riding your bike. The first priority is to seek medical attention to assess the extent of any injuries. Be sure to keep all receipts and records of all medical treatment, including trips to and from appointments, for later inclusion with your claim.

Because cyclists are often claimed to be at fault for road accidents, it’s important to gather any evidence from the scene that supports your claim. The contact details of witnesses, details on the traffic and weather conditions at the time of the accident, photos of the scene, and any accident or police reports, will all be essential in pursuing a successful claim.

It’s important to record the registration details of the car you believe caused the accident and, if possible, the driver’s CTP insurer. If this step is not possible at the time of the accident, witnesses or police may be able to assist. In cases where the driver can’t be located, a claim for compensation can still be made under the Nominal Defendant Scheme.



In a CTP claim in Queensland, the onus is on the rider to show the owner or driver of the vehicle was partially or completely at fault for the injury.

What can you claim for?

Injuries sustained by cyclists in road accidents are often more severe than those suffered by motorists. Fractures, brain injuries, open wounds, and head, neck and spinal injuries are all common cyclist injuries. Such injuries can keep a cyclist away from work for an extended period of time, seriously affecting their livelihood and their family’s welfare. For this reason, it’s important to discuss a compensation claim for past and future income, past and future medical expenses, pain, suffering and attendant care with a compensation law expert – to see what amount of damages will be reflective of the seriousness of your injury.

Important time limits

It’s crucial for an injured cyclist to lodge a CTP claim one month from the date a lawyer was first consulted about the possibility of making a claim, or nine months from the date of accident, whichever is the earliest. If the Notice of Accident Claim form is not lodged with the insurer of the vehicle at fault within this time, you must provide a reasonable excuse for the delay.



If the accident was caused by an unidentified or uninsured vehicle the claim must be lodged with the Nominal Defendant within nine months of the date of the accident, otherwise, the claim may not be permitted.

If the claim for compensation cannot be agreed upon with the relevant insurer, court proceedings on the matter must be commenced within three years of the date of the accident.

Speak with our bicycle accident compensation specialists

At Lifestyle personal Injury Lawyers, road accident compensation is our specialty. If you’ve been injured in an accident while riding your bike, we will help you gather the necessary evidence and assess the severity of your injury to support your claim. We understand the challenges facing cyclists to prove the negligence of motorists, and the likelihood you’ve sustained a long-term injury. Contact us our Gold Coast compensation lawyers today for an initial consultation about your injury.