Motorcycle Accident Compensation Claims: All You Need To Know

In Australia, motorcycle riding is becoming increasingly popular. Motorcycle riding is indeed a fantastic way to see the Australian outdoors, thanks to our open roads and pleasant weather. However, accidents can occur, and getting wounded in a motorbike accident may be a life-changing event. If you’ve been hurt in a motorbike crash, keep reading to learn about the support and options available to you and your legal rights while filing a claim for motor vehicle accident compensation NSW.

Understanding Motorbike Accident Claim

A motorcycle accident claim is a way for those who have been injured in a motorbike accident to get compensation for their injuries.

Who Is Eligible To File A Motorcycle Accident Claim?

A motorcycle accident claim can be filed by anybody who has been harmed in a motorbike accident, including:

• A motorbike rider
• A passenger on a motorcycle
• A motorist (such as a driver or passenger of a motor vehicle)
• A pedestrian

What Is Necessary To File A Claim For A Motorbike Accident?

• If you’ve been hurt, get medical help right away. It is not only to ensure your good health but also to receive medical records and receipts, which will serve as a piece of evidence for future claims.
• Try to get the details of the other party, including their registration number as well as the CTP insurer.
• Contact the police to report the accident as early as you can.
• Lodge an accident claim with the CTP insurer.
• File a claim for personal injury.

Who Is Responsible For Paying The Compensation?

All motorbike owners in Australia are obliged to obtain CTP insurance. As a result, every person harmed by a motorbike is covered under the insurance scheme, and compensation claims can be filed against the irresponsible party’s insurer.

Claim Procedure

You must file your first compensation claim within a period of 28 days of the accident. Following that, the CTP insurer will begin paying weekly compensation and medical expenses shortly afterward.

Once you have filed the compensation claim, you become eligible for the following compensations:

During The Initial Six Months

You are eligible to recover lost wages and medical expenses for the initial six months. For the first 13 weeks, you are entitled to up to 95 percent of the pre-injury average weekly earnings, and after that, you are entitled to up to 80 percent of the pre-injury income.

After Six Months

After the period of 6 months, the insurer must accept the following to continue receiving weekly compensation and medical expenditures payments.

1. That you were not entirely to blame, or that you were just partially at fault.
2. That your injuries are not classified as mild injuries.

If you fall into both categories, you are entitled to weekly compensation along with medical expenses, as well as the right to file a claim for damages.

A claim for damages enables you for a lump sum payment for the following:

1. Anguish and suffering, as well as a loss of enjoyment of life (applicable when you have a whole person impairment of more than 10%).
2. Compensation for lost income, including future superannuation benefits.

Time Limits Relating To Motorcycle Accident Claim

• To begin, you must file a claim for personal injury compensation within 28 days from the accident.
• You must also report the accident to the police within 28 days.
• At 20 months after the accident, you must file a claim for common law damages.

The Motor Accident Injuries Act NSW 2017 establishes severe time limits for filing claims. Therefore, you should contact certified motor vehicle accident lawyers Sydney, such as Frisina Lawyers, to ensure that your claim is filed within the time limits.