Bicycle Accident Compensation: Cyclist Claim Guide

Which scheme covers an injured cyclist

If a motor vehicle was involved in your crash, the motor accident scheme of the state where the crash happened generally covers your injuries - regardless of fault in some states (no-fault schemes) and where the driver was at fault in others (fault-based schemes).

• NSW (CTP): Cyclists are covered under the at-fault vehicle's Green Slip; defined statutory benefits regardless of fault for the first 26 weeks, then fault-based for ongoing claims.
• VIC (TAC): Fully no-fault. Any cyclist injured by a motor vehicle is eligible for TAC benefits.
• QLD, WA, SA: Fault-based - the cyclist must establish the driver was at fault.
• TAS, NT (no-fault MAIB / MAC): No-fault for statutory benefits.
• ACT (MAI): Hybrid - defined benefits for everyone, common-law for serious injuries with another at fault.

Single-bike crashes (no motor vehicle involved)

If no motor vehicle was involved - for example, you fell because of a pothole, defective road surface, or door from a parked car - different pathways may apply:

• Public liability against the council or roads authority where road defects caused the fall
• Public liability against the property owner where private property defects contributed
• Doored cyclist: opening a door into a cyclist's path is generally an offence; the at-fault driver / vehicle owner is liable. CTP usually covers this even where the vehicle was stationary.

Common insurer arguments against cyclists

Insurers commonly raise these positions; most can be defended:

• "The cyclist wasn't wearing visible clothing" - visibility is a question of fact; reflective clothing is not legally required for daytime riding.
• "The cyclist wasn't using lights at dusk" - lights are required at dusk and night; if you weren't using them, contributory negligence may apply but rarely defeats the claim.
• "The cyclist was on the road / on the footpath" - children under 12 (and adults supervising under-12s) can ride on the footpath in most states; adults riding the footpath where prohibited may face contributory negligence but are still compensable.
• "The cyclist was exceeding the speed limit" - bicycles are subject to road speed limits; descending hills above limits can attract contributory arguments.

Helmet use and contributory negligence

Australian law requires bicycle helmets. Riding without a helmet at the time of injury can lead to a contributory-negligence reduction (commonly 10-25%) where the head injury is the primary harm. It does not defeat the claim. If you suffered injuries unrelated to head impact, helmet status is usually irrelevant.