I was injured while cycling! Am I covered?

I was injured while cycling! Am I covered?

Co-authored by Shyla Sivanas, Graduate

As a cyclist, you need to be aware of your rights and entitlements if you are injured in an accident. Unfortunately, cycling accidents do not automatically fall within the TAC's definition of a transport accident .

However the TAC scheme does cover you if you are injured in Victoria by a:

  • collision caused by a moving motor vehicle, train or tram;
  • collision caused by an open or opening car door;
  • collision with a parked or stationary vehicle only if you are riding to or from work;
  • collision involving a runaway or out of control vehicle.

The TAC does not cover you if your injuries are caused by a:

  • collision with another cyclist;
  • collision with a pedestrian;
  • collisions with a parked or stationary vehicle if you are not riding to or from work;
  • falling off your bike.

At Adviceline Injury Lawyers, we believe that the current coverage of cyclists in the TAC scheme is too restrictive but unfortunately the law is clear.

What am I entitled to?

If you are covered, the TAC scheme entitles you to all reasonable medical, rehabilitation and disability expenses related to the accident. You can also receive compensation for lost earnings from your job while you recover. You may also be entitled to a small lump sum if you have a permanent impairment.

If you were seriously injured in a crash that was not your fault you may also bring a court action for further lump sum compensation.

For more information about how the claims process works, click here.

To discuss your entitlements as a cyclist, call our free Adviceline on (03) 9321 9988 and speak directly to a lawyer about your circumstances.

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If we proceed with a claim you only have to pay legal costs if we are successful in getting you compensation.

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