If you are injured
If you are injured in an accident while riding your bike on NSW roads you can access support via the Compulsory Third Party (CTP) Green Slip scheme.
For more information visit the State Insurance Regulatory Authority (SIRA) website.
Whether you can get compensation for these losses will depend on the kind of accident that occurred and who was at fault.
Personal injury benefits
Personal injury benefits include income support payments, medical expenses and/or vocational rehabilitation programs.
Regardless of who was at fault and even if your injuries are only minor, you can claim up to six months of benefits for:
- Medical expenses - reasonable and necessary medical and treatment expenses. These include medical, dental and pharmaceutical benefits, rehabilitation and sometimes the cost of travelling to and from appointments.
- Income support payments - a percentage of your pre-accident weekly income if you need time off work because of your injuries (even if you are self-employed).
- Paid domestic and personal care if you require help while recovering.
You might not need to lodge a claim to receive early treatment. Once you notify the relevant insurer, they can approve a GP visit and two treatment sessions such as physiotherapy without further documentation. CTP Connect is the online accident notification system which will help you get in touch with the correct insurer.
The injury can be physical or psychological.
If your injury is the result of a motor accident that is also work-related, you will also need to make a workers compensation claim against your employer’s workers compensation insurer.
If you require an ambulance or treatment in a public hospital most of these costs are covered by the ‘Fund Levy’ (funded by CTO premiums). See SIRA for more information if you are a public hospital patient.
If another person is injured
Another person may be injured in an accident with you when you are riding your bike. If the injured person believes the accident is your fault they may claim compensation from you, particularly if you have assets that could be used to pay the compensation.
If you receive a demand for compensation you should contact your insurer if you have public liability insurance, or get legal advice immediately.
If you are a member of Bicycle NSW you get public liability insurance as part of your standard membership fee. For more information go to Bicycle NSW.
Steps you need to take after an accident
- Seek medical treatment and request a certificate of fitness from your doctor.
- Report the accident to the Police Assistance Line on 131 444 (or to a police station) as soon as possible. You must report it within 28 days after the date of the accident.
To make a claim
- You can notify the insurer and make a claim for personal injury benefits online at SIRA’s website, using your Service NSW account.
- You can complete the Application for personal injury benefits form and send or email it to the CTP insurer.
You must lodge your claim within three months after the date of the accident.
To get ‘back pay’ for lost earnings from the date of the accident, you must lodge your claim within 28 days of the accident.
- You will need to provide evidence of your pre-accident earnings e.g. payslips or a statement from your employer.
- If you are self-employed ask CTP Assist what documents you might need to provide the insurer.
You cannot claim for cost of damage to vehicles or property.
If you are not at fault for the accident and if you have more than minor injuries you can claim benefits beyond six months after the date of the accident. You may also be eligible for common law damages.
Common law damages
Common law damages are also known as lump sum compensation.
You can make a claim for damages if you
- have more than a minor injury, and
- were not at fault, and
- your injury was the fault of another driver or vehicle owner.
You have 3 years from the date of the accident to make a claim for damages.
The timeframes for making your claim will depend on the severity of your injuries.
- If your injuries are assessed as 10% or less permanent impairment, you must make your claim for common law damages between 20 month and 3 years after the accident.
- If your injuries are assessed as more than 10% impairment, you can make your claim for common law damages any time within 3 years from the date of the accident.
An award of damages may include both economic loss and non-economic loss. Economic loss includes past or future earnings or reduced ability to earn due to your injuries. Non-economic loss is compensation for pain and suffering, reduced life-expectancy and/or disfigurement. Non-economic loss can only be claimed if the degree of permanent impairment caused by the accident is more than 10%.
To apply for common law damages, you must complete the application for damages under common law form (this is in addition to the personal injury benefits claim form).
If you need help completing the form contact CTP Assist on 1300 656 919 or firstname.lastname@example.org
For further information visit the SIRA website.
If another person is injured
Another person may be injured in an accident with you when you are riding your bike. If the injured person believes the accident is your fault, they may claim compensation from you.
If you receive a demand for compensation, you should contact your insurer if you have public liability insurance, or get legal advice immediately.
If you are a member of Bicycle NSW, you get public liability insurance as part of your standard membership fee. For more information go to Bicycle NSW.
- The CTP Green Slip Scheme applies to people who are injured in motor accidents in NSW on or after 1 December 2017.