If you are injured while riding a motorcycle (or as a pillion passenger), you could be entitled to make an injury compensation claim. If you’d like to discuss your case with one of our expert motorcycle accident lawyers, call Smith’s Lawyers for a free and no obligation initial consultation on 1800 972 336.
Like most categories of compensation claim, motorcycle injury compensation is a specific area with its own applicable laws and regulations.
If you’re a motorcyclist or you know one, you know how vulnerable they and their passengers are on the roads.
Motorcycles offer far less protection than a car and therefore the injuries are often more severe.
These are some of the most common causes of motorcycle accidents
Remember that there are some key steps to take and key timeframes for lodging a claim.
For more information on timeframes, see: https://maic.qld.gov.au/how-to-make-a-claim/timeframes/
Be aware that the time you have to lodge a claim changes depending on your circumstances. If the driver of the at-fault vehicle is identified, the time limit is different to when there has been a ‘hit-and-run’.
Working for a company like Deliveroo or Uber Eats, a motorcycle delivery driver gets hit by a motor vehicle driver who is at fault. In this case, the driver is not an employee and WorkCover is not available. He or she can, however, make a motor vehicle compensation claim. Part of this claim may include the wages that they could have earned, had they not been injured. These would be calculated on their average earnings before the accident occurred. There would also be scope to claim under the insurance company of the driver at fault.
WorkCover may provide compensation if you are travelling to or from your workplace.
Generally, compensation is only able to be claimed where the injury sustained is classified as catastrophic. That means that the injured person requires lifetime care – for example, where a permanent spinal cord or traumatic brain injury has occurred. This is available under the Queensland Government’s National Injury Insurance Scheme. Compensation in this case is available regardless of whose fault the accident is. There are, of course, conditions attaching to this. For example, it is only available if the person has not already claimed and received damages for the injury. An injured person may not be eligible as well, for example, where they suffered a pre-existing condition and that condition was not made permanently worse by the accident.
This will depend on you as an individual and the circumstances of the accident.
Your claim might include things like:
Any passengers suffering loss, injury or damage may also be eligible to make a claim.
If you are involved in a motorcycle accident, remember these critical points:
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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Be prepared and check the most important information to exchange after a road accident to reduce chance of any disputes or issues claiming insurance or compensation