If you are a cyclist and suffer injuries as a result of the negligence of a motorist, you may be entitled to make a claim for compensation against the driver's insurer. Registered cars are required to have compulsory third party insurance which will cover the driver if they injure somebody on the road.
Cyclists are particularly vulnerable on the roads, in incidences where drivers may cut them off, knock them as they go past with their mirror or open a car door as they cycle past.
If you are injured by a motor vehicle whilst cycling, it is important that you retrieve the personal details of the driver that was at fault and report the accident to the Police as soon as possible.
In the situation where the driver does not stop and give you their details, it is still possible to make a claim, however certain additional steps that must be taken. It is important that you get contact details for any witnesses to the collision and report the accident to police. You should then consult a solicitor who can assist with any other requirements necessary to make a claim against the nominal defendant.
If you are injured and can prove the driver was fully or partially at fault, you are able to claim from the CTP insurer the cost of any medical treatment required, including ambulance, hospital, x-ray, doctors and physiotherapy expenses.
If you are required to take time off work due to your injuries, you can claim 80% of your lost income (apart from the first week). You will need to provide proof of this through documents such as copies of your tax returns and payslips, or a letter from your employer confirming your time off work. If your injuries are serious and are likely to impact your ability to work in the future, you may be able to claim compensation for future lost income.
Once your injuries are stabilised, you will need to have an ISV (Injury Scale Value) assessment with a doctor. This can be organised by your insurer or solicitor and will determine your entitlement to compensation for pain and suffering, future lost income and voluntary services. If your injuries are assessed at 11 points or more on the ISV scale, you can claim compensation for pain and suffering.
If you are unable to perform tasks around the home such as cleaning or mowing the lawn, you can claim the cost of having a professional do this for you. If you are likely to be limited in performing certain domestic tasks in the future, a lump sum can be claimed to compensate you.
If you have received help from certain family members, you may also be able to receive compensation for the value of their assistance, although there are strict thresholds that apply for this.
A spouse of an injured person may also be able to claim compensation for loss of consortium in certain circumstances. Loss of consortium acknowledges the impact that your injury can have on your relationship and how it may affect your spouse.
Lastly, you can also claim the cost of fixing or replacing your bike, helmet and clothing that is damaged in the accident, however this claim will need to be brought against the driver and their third party property damage insurer (if they have one). The CTP insurer is not responsible for any of these property damage expenses.
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.
