Published: 18 October 2016
Author: Stringer Clark
Compensation for injured cyclists
When can cyclists make a TAC claim?
If you are injured whilst cycling you can claim your medicals, loss of wages and lump sum compensation if your injuries are a direct result of the driving of a motor vehicle, train or tram.
If you collide with a moving car, motorcycle, train or tram you will be covered by TAC.
But what if you collide with a car door?
Thankfully the Transport Accident Act specifies that if you are injured by an open car door or someone opening a car door you can claim compensation through TAC.
Other times you might crash
You swerve to miss a car and fall off or hit a stationary object such as a power pole. YES, you should be able to claim TAC benefits.
You swerve to avoid a collision with a car and hit the gutter and fall off. YES, you should be able to claim TAC benefits.
You hit a stationary (parked) vehicle whilst riding your bike. NO, unfortunately you are unable to claim if the car is parked and not moving.
However there is an exception to this. If you are travelling to or from work then you are able to claim TAC benefits even if it is a parked car that you collide with.
If the car is stopped at traffic lights or an intersection then the car is being driven and although it has stopped if you collide with it in that case you should be able to claim.
It is important to remember that this system is a no fault scheme so even if you are at fault you may still have a claim for medicals, loss of income and lump sum compensation.
Money for Pain and Suffering
Whether or not you can sue the driver for negligence and obtain money for pain and suffering will depend on the circumstances of the accident and whether or not the accident was the fault of the driver or the cyclist. If the driver is negligent they will be indemnified by the TAC through their car registration. This is separate to your claim for medicals, loss of income and statutory lump sum compensation.
Compensation under Common Law
Even if you are not covered by the TAC scheme you may be entitled to compensation if you were injured due to the negligence of another party, for example if you were injured due to a foot path or a road being unsafe you should seek expert legal advice.