NSW Bike Accident Lawyer.

Yes. A cyclist injured by a driver's negligence in NSW claims under the Motor Accidents Injuries Act 2017 against that driver's CTP insurer — covering statutory benefits, medical costs, lost income, care and, where thresholds are met, common law damages for pain and suffering.

This includes dooring incidents, left-hooks at intersections, and crashes where you took evasive action without contact. As a non-motorist, you access statutory benefits regardless of fault for up to 26 weeks. For ongoing damages, you need to establish you were not mostly at fault and that your whole person impairment reaches 10%. See more in our CTP recent cases.

Crashes caused by potholes, debris, slippery surfaces, poor signage or dangerous road design may give rise to a public liability claim against Transport for NSW or the relevant local council under the Civil Liability Act 2002 (NSW). These are separate from CTP claims.

Roads authorities have qualified immunity under section 45 of the Civil Liability Act 2002, but it is not absolute. If the authority had actual or constructive knowledge of the specific hazard and failed to act within a reasonable time, liability can be established. Photograph the hazard and the location immediately — road defects get repaired fast once someone is hurt, and with them goes your best evidence. The limitation period for public liability claims in NSW is 3 years.

It can reduce — but rarely destroys — a claim. NSW courts apply contributory negligence: if not wearing a helmet contributed to your head injuries, your damages may be reduced by a percentage reflecting your share of responsibility. Injuries a helmet would not have prevented are unaffected.

The same logic applies to lights, hi-vis and road positioning arguments insurers routinely run. Under the Motor Accidents Injuries Act 2017, contributory negligence cannot be used to deny you statutory benefits entirely — it affects the quantum of common law damages. Don't accept the insurer's framing of fault without advice from an independent lawyer.

Under the MAI Act 2017 (vehicle collision): statutory benefits for medical treatment and income replacement regardless of fault, plus common law damages — past and future economic loss, care costs, and non-economic loss — once a 10% whole person impairment is established and you are not mostly at fault.

For serious cycling injuries such as fractures, traumatic brain injuries and spinal damage, future economic loss dominates. If you can no longer ride to work, perform physical work, or maintain your pre-accident career trajectory, that loss is claimable — and it is where insurers fight hardest. Your damaged bicycle, helmet and cycling gear are recoverable as property damage alongside the injury claim.

Get medical attention, get the driver's details and registration number, photograph the scene, your bike and your injuries, collect witness names, and report to police. Then get legal advice before speaking to any insurer.

The NSW CTP time limits apply strictly to cyclists: lodge an Accident Notification Form with the at-fault driver's CTP insurer within 28 days to access early treatment funding; lodge your formal Notice of Claim within 3 months. For unidentified vehicles (hit-and-run), the Nominal Defendant notice period is also 28 days — the shortest of any claim type. Moving quickly is not optional.