Australia: Legal assistance for cyclists – Motor accidents law in New South Wales

Last Updated: 21 September 2017
Article by David Jones

Should I report my accident to the Police?

If you are a cyclist then it is strongly recommended that the accident be reported immediately to the Police. This will ensure that details regarding the accident are correctly recorded.

NSW Police will only need to attend an accident if:-

  • Someone is injured or trapped
  • Police need to direct traffic or deal with hazards
  • A vehicle needs to be towed from the accident scene
  • Anyone involved has failed to exchange details about their licence and identification.

Is there a time limit for concluding the claim?

There is a general three-year limitation period for the claim to be concluded. There are alternative dispute resolution processes which are contained within the Motor Accidents Compensation Act which set out a procedure to avoid the necessity of the matter being determined by a Court. The claimant must ordinarily go through a process of having the entitlements to compensation determined by the Claims Assessment and Resolution Service (CARS) before being entitled to commence Court proceedings. There are cost penalties which apply if a claimant does not recover compensation greater than that which can be recovered via the cars process.

What compensation is available for people injured in motor vehicle accidents in New South Wales?

In New South Wales people who are injured in motor vehicle accidents can choose to access two types of benefits. The first is to access a benefit of up to $5000 for medical treatment expenses and loss of income under no fault accident claim compensation. Even the driver who was responsible for the accident can access benefits under this scheme. To make a claim the claimant must complete an Accident Notification Form (ANF) and accompanying Medical Certificate and provide the Certificate to the Compulsory Third Party (CTP) insurer of the relevant vehicle. Details as to who are the relevant insurers can be obtained from the State Insurance Regulatory Authority (SIRA).

If a claimant is injured in an accident due to someone else's fault then the claimant can elect to make a claim on the CTP scheme by alleging fault. In such circumstances a claimant can recover compensation in excess of $5000. To lodge a claim the accident must be reported to the Police within 28 days of the accident if Police did not attend the accident scene. A Claim Form and accompanying Medical Certificate must be provided to the CTP insurer of the vehicle responsible for the accident within six months of the date of the accident. A claim can be lodged after an ANF has been lodged. If a Claim Form is not lodged within 6 months of the accident then the entitlements to compensation can be severely compromised. If a Claim Form is lodged late then a claimant must provide a full and satisfactory explanation for the delay in the lodgement of the claim. The explanation for the delay can include a delay in onset of symptoms.

Claims can include injuries to persons who are not in motor vehicles. This includes pedestrians and cyclists. All that need occur is an accident involving the use or operation of a motor vehicle. A collision is not always necessary, for example, when you lose control of a cycle to avoid colliding with a motor vehicle or if you are struck by an object discarded from a motor vehicle.

It is important that you obtain the details of the motor vehicle involved in any accident and in particular the registration details of the vehicle.

What compensation is available under the at fault scheme?

Compensation is available for pain and suffering, known as non–economic loss, if the claimant is left with impairment exceeding 10% assessed in accordance with Impairment Guidelines issued by SIRA. The assessment is undertaken by medical practitioners who have had training in assessing impairment in accordance with the Guidelines.

In addition compensation can be recovered for past and future loss of income, past and future medical treatment expenses, assistance which may been provided by family members in the past and what is contemplated in the future and assistance that may be provided by commercial care providers.

Should I use a Lawyer to assist me in making a claim?

Whilst the system in New South Wales is structured in a way that claimants do not necessarily need to use a Lawyer to assist in recovering compensation, it is generally accepted that a Lawyer is required for the purpose of advising in respect of entitlements to compensation and for dealing with the insurance company to ensure that they have sufficient information to properly consider the claim.

Who pays my legal costs?

A Lawyer will enter into a Costs Agreement which will set out how the Lawyer proposes to charge you for any work undertaken. The Lawyer must tell you in a notice separate to the Costs Agreement if the Lawyer proposes to charge you fees in excess of the amount of costs that can be received from a CTP insurer for an at fault claim. No fees can be recovered for no fault claims.

Fees are usually paid on completion of a claim.

If you are a Bicycle NSW Member you can call Carroll & O'Dea Lawyers' Free Cyclist Legal Information Line on 1800 059 278 or email and access one of our experts to assist you with your legal problem. Carroll & O'Dea Lawyers practice in the areas of Business Law, Personal Law, Community & Associations Law and Compensation Law.

Carroll & O'Dea Lawyers' no-win-no-fee policy applies to accident and injury claims and all other consultations have a first appointment free and no obligation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions