When does the TAC scheme apply to cyclists?
If you are a cyclist injured in an accident directly caused by
the driving of a motor vehicle, tram or train, you should lodge a
claim with the TAC.
The TAC will also be liable in the following circumstances:
- a collision with an open or opening car door, or
- there is no collision but your injury was caused by a feature
of driving, for example, swerving to miss a collision with a
car.
Maurice Blackburn has helped hundreds of cyclists make TAC
claims. Watch the video of
Paul Ambry to see how we helped him after his bike
accident.
If you're unsure whether you could make a TAC claim, contact
Maurice Blackburn to find out. Your first consultation is free.
What does the TAC pay for?
The TAC can pay the following no-fault benefits to cyclists:
Where your injuries result from someone else's negligence,
Maurice Blackburn may be able to help you make a common law claim for
damages.
What do I do if my accident is the result of poorly maintained
road/path?
If your accident is caused by a dangerous road surface or raised
manhole you may be able to make a property damage claim for damage
caused to your bicycle/goods in the accident from the responsible
council or utility provider.
If you are injured, you may be able to bring a negligence claim
for damages against the responsible council or utility
provider.
For public liability claims for pain and suffering, the law
requires you to prove a 6 per cent or more physical permanent
impairment and/or 11 per cent or more psychiatric permanent
impairment. This means the long-term effects of the accident must
be significant.
You can claim medical treatment costs and lost wages even if the
injury is less than 6 per cent (for physical injury) or 11 per cent
(for psychiatric injury), but the financial loss needs to be
significant to justify the legal costs incurred in bringing a
claim.
Property damage claims
If you are involved in an accident in which somebody else is at
fault, you may be able to claim for the damage caused to your
bicycle/personal items in the accident. You can claim for the
reasonable costs of repairs to your bicycle or the pre-accident
value of your bicycle minus salvage. You can also claim in respect
of your clothing, cycling accessories or any other goods damaged in
the accident. Here's an example of where Maurice Blackburn
successfully helped a cyclist claim damages:
Injured cyclist sues crash driver.
Bicycle Network Victoria members
Maurice Blackburn has partnered with Bicycle Network Victoria to
provide related legal
services to members. All members of Bicycle Network Victoria
have insurance as part of their membership. This insurance covers
members for:
- non-Medicare medical expenses
- loss of Income
- overseas riding (including emergency overseas and repatriation
expenses)
- loss of deposits and luggage on Bicycle Network Victoria
events
- rehabilitation costs
- home help and other support related costs
- permanent Injury/disability and death lump sum payments.
The insurance covers Bicycle Network Victoria members for up to
$188,500 in personal injury costs and up to $5million in personal
liability costs (to cover others).
If you are a member of Bicycle Network Victoria you are also
entitled to receive legal advice from Maurice Blackburn regarding a
letter of demand at no cost as a benefit of your membership.
Maurice Blackburn and Bicycle Network Victoria also work
together to provide you with a wide range of general legal
information available on Bicycle Network Victoria's website. This
includes short videos featuring one
of our top TAC lawyers who addresses some of the common legal
issues that cyclists raise with us.
Want to know more about TAC claims?
Maurice Blackburn's team of TAC lawyers are experts in TAC
compensation claims. We are happy to advise you on your situation
during a free first consultation. For advice and help with a claim,
click here to be
to be contacted by a TAC lawyer or call 1800 810
856.