Cycling accident guide cover page (1)

Cycling accident...
Now what?

3
4
5
6
8
11
Contents
do cycling accidents happen?
How
to do at the accident scene?
What
injury vs property damage: the difference
Personal
injury claims - compensation entitlements
Personal
injuries - the claims process
Personal
damage claims - introduction
Property
13
How to seek compensation for property damage?

do How
cycling
accidents
happen?
each bike accident is
Although
most of them fit into
different,
there are road traffic
Firstly,
These can happen at
collisions.
or commonly in
intersections,
roundabouts.
there are pothole
Then
Councils are
incidents.
to maintain roads,
responsible
unfortunately, this doesn’t
but
they have an obligation to
mean
every road immediately.
fix
the council will be
Generally,
if they were aware
responsible
the particular hazard in
of
for example, because
question,
had received previous
they
about the particular
reports
there are incidents
Finally,
are caused by
which
failures. These
component
can cause significant
too
Component failures
injuries.
the responsibility of
raise
retailers, and
manufacturers,
bike shops if they are
even
when they service
negligent
bikes.
are complex machines,
Bicycles
component failures can
and
significant consequences.
have
is why it's really important
This
keep receipts of purchases
to
repairs done in relation to
or
bike because if the claim
your
these are important
arises
the following categories.
pieces of evidence.
pothole.
3

if it is necessary to call emergency
Determine
If you or someone else have been
services.
the number one priority is to get
injured,
help.
medical
if it is necessary to call police. Unless
Decide
minor property damage is involved, we
only
recommend calling police. Remember,
would
will create a report about the
police
which will be an important piece of
accident,
later on. At the same time, keep in
evidence
that police officers may express an
mind
as to how or why the accident
opinion
Such an opinion is not binding on
occurred.
anyone.
you can, try and obtain the name and
If
details of any witnesses. Politely
contact
what they saw, but don't argue with
ascertain
It's better to obtain their details, and
them.
can discuss with them what they
we
later.
remember
it's possible, obtain the name and contact
If
of the party who you believe may have
details
the accident. However, if they are angry
caused
if they are threatening you, then don't bother
or
as many photos as you can. You should
Take
photos of the accident scene, including
take
signs, the condition of the road, the
road
of any motor vehicles and bikes, any
position
to your bike, any injury (to the extent
damage
can take photographs) and so on.
you
damaged items. For example, clothes
Keep
blood on them should not be washed.
with
What to do at the accident scene?
with this.
It's also important to preserve evidence.

injury
Personal
vs
damage
Property
the difference?
what’s
are 2 types of claims. If you have
There
injuries, then you may have a
suffered
injury claim against the person who
personal
the accident.
caused
your bike or other property got damaged,
If
that is a property damage claim. You
then
have either one or both of these claims
may
the same time.
at
the claim involves property damage only,
If
you wish to claim compensation, you can
and
have summarised below the main things
We
should be aware when making such a
you
however, you have suffered injuries, we
If,
recommend getting a lawyer, rather
would
representing yourself because personal
than
law in Queensland is very complex.
injury
in fact represent yourself.
claim.
5

Personal injury claims
these costs are incurred
Typically,
a period of time starting
over
after you have suffered
immediately
up to the point where your
injury,
are stable and you no longer
injuries
treatment.
need
can recover the costs which you
You
between the date of your
incur
and the date of an out-of-
injury
settlement or a court
court
but if you will incur
judgement,
and future, you can be
expenses
travel, car park fees,
Rehab,
fares taxi
you receive treatment, you will
While
incur expenses that are closely
likely
example, you will include travel
For
when you visit your GP or
expenses
These expenses can add
specialist.
over time and are claimable.
up
you cannot work as a result of
If
injuries (either temporarily or
your
then you can recover
permanently)
income that you would have
the
it is likely that you will lose income
If
the future (for example, because
in
may not be able to work on a
you
basis any more) then you
full-time
any past or future income loss,
For
can also claim loss of
you
may be able to recover
You
in relation to other
compensation
as well, such as the value of
costs
which you receive from
services
What can you seek compensation for?
GP, Physio, Xray, surgery costs
Loss of earnings
earned but for the accident.
can recover that loss as well.
compensated for those as well.
Other losses
superannuation contributions.
associated with your treatment.
family and friends free of charge.
6

The amount you can claim for pain
and suffering (also called general
damages) is determined by
legislation.
For example:
broken index finger
broken wrist
moderate elbow injury
However, if you have also suffered
income loss, then the amount you
can recover for lost earnings is in
addition to what you can receive for
pain and suffering, and very often,
this amount is significantly higher.
Someone who is unable to return to
work for two years will receive
compensation for lost earnings for
that entire period. Obviously,
compensation for lost income will
vary from person to person.
At our initial consultation, we can
advise you about the compensation
you will be able to receive for pain
and suffering, and we will be able to
give you estimates as to the full
value of your claim.
How much can you claim?

cases which involve personal injury (rather than
In
damage to your bike) we recommend that you
just
a lawyer. If you try and negotiate with the other
get
insurance company, it is likely that they will
party's
lowball offers which do not adequately
make
you for your loss.
compensate
claim process starts with an initial consultation. It
The
completely confidential. It is also obligation free,
is
you can decide after the consultation if you
meaning
to proceed with us. At this consultation you tell
wish
how the accident happened and we tell you in
us
how the claim process works. We also explain
detail
you how a no win no fee arrangement works in
to
practice.
the initial consultation, if you wish to go ahead,
After
can then start the claim process. We will speak
we
witnesses, and collate all relevant evidence. We
to
also need to obtain all necessary medical
will
Some of this evidence will be readily
evidence.
but other evidence may not be available
available,
example, if a specialist needs to see you 6 to 12
For
after the accident, then his or her expert
months
will not be available until after that time.
report
this time, you will focus on your rehabilitation,
During
The Claim process
1
2
3
for quite some time.
and you can leave everything else to us.
8

defendant may or may not admit liability
The
relation to your accident. Please do not be
in
if they do not admit liability. This
alarmed
quite often, but this does not mean
happens
you cannot get compensation. In fact,
that
cases resolve out-of-court even though
most
we have spoken to all witnesses, and we are
Once
that your case will be successful, we may still
confident
to wait before the matter can be finalised at an
need
settlement or at trial. This is because it is
out-of-court
to wait until you reach maximum medical
crucial
which is just a fancy term for saying that
improvement,
have reached a point where your condition won’t
you
any more.
improve
should never try to finalise a personal injury claim
You
first knowing all long-term effects of your injuries.
without
once your injuries have stabilised (i.e. you have
Only
maximum medical improvement) can the full
reached
of the claim be ascertained and it is at that time
value
an out-of-court settlement discussion should take
that
4
defendants never admit liability.
5
place.
9

all cases, a settlement meeting will
In
place. At this meeting the solicitors
take
the parties will try to resolve the
for
without having to go through a
claim,
case. You can be present at this
court
and the case will only be
meeting,
if you are happy with the
settled
amount offered to you.
compensation
will advise you whether the
We
offer is reasonable. If no
compensation
is achieved, then it is likely
settlement
a second settlement discussion will
that
place before the matter proceeds
take
trial. to
the settlement discussions are
If
then the matter will proceed
unsuccessful,
trial. The vast majority of cases settle
to
the matter in is in fact heard in
before
6
7
court.
10

Property damage claims
property damage claim is
A
your bike or other property
when
damaged in an accident,
gets
you see compensation for
and
damage. It is separate from
this
personal injury claim. If you
a
been involved in an
have
where you have
accident
injuries, and your bike
suffered
got damaged, you can
also
both a personal injury
maintain
property damage claim.
and
can you claim for in a
What
damage claim?
property
your claim involves property
If
only (and no personal injury)
damage
you may not need a lawyer to
then
compensation. The party at
recover
may agree to pay
fault
for your damaged
compensation
but even if they do not, it is
property,
that your case will be heard by
likely
Queensland Civil and
the
Tribunal (QCAT) and
Administrative
the process before the QCAT is
at
informal.
more
should you
When
compensation?
seek
should see compensation if
You
else caused the accident
somebody
the other person
Does
liability?
accept
you believe that the accident was
If
by someone else's fault, then
caused
should consider speaking to the
you
party and seeking
other
from them. However,
compensation
it civilised. They may agree to
keep
if the other party has no
What
to pay compensation?
money
should keep in mind that the person
You
caused the accident may have
who
which covers their liability to
insurance
compensation. So even if they can't
pay
to pay you, their insurance
afford
can.
company
also, that proceeding
Remember,
the QCAT is a relatively cheap
through
so even if the value of the claim is
option
small, it will make sense to
relatively
What is property damage?
in which your property got damaged.
pay you.
Do you need a lawyer?
claim compensation.

the other party has not accepted liability for the accident, then you
If
two options. If the damage arose in an accident with a motor
have
and the amount you claim is less than $25,000, then you can
vehicle,
compensation in the QCAT. If, however, the circumstances of the
see
were different, then you may have to seek compensation
accident
from the courts.
directly
QCAT process is much more informal, and legal representation is
The
necessary, although it can be arranged for. We discuss the process
not
the QCAT in some detail below. If, on the other hand, you need
before
seek compensation through the court system, then it can get a little
to
There are “filing fees” “pleadings "and “practice directions” and
tricky.
may be better off retaining a lawyer.
you
Where to seek compensation?

to seek compensation
How
property damage
for
out the relevant application form. Currently,
Fill
form is called “. When you fill out the form,
this
not attach originals as attachment. Rather,
do
copies and keep the originals for
organise
you are ready with the application form,
When
will need to file it. This means that you
you
it to the QCAT. At that time you will have
submit
pay a fee. At the time of writing this guide,
to
a claim in which you seek compensation for
for
$1,000 and $10,000, the fees are
between
need to serve the application on the person
You
caused the accident. This means that you
who
the document to the other party. Generally,
give
means the document needs to be given to
this
in person. It is possible to leave it in the
them
of the person and explain to them
presence
may also be an option to give it to an adult
It
apparently lives with the person whom you
who
to serve. Different rules apply to serving
intend
impaired people, companies,
children,
or persons living interstate. We are
associations
to answer questions in relation to this
happy
1
yourself.
2
$112.50.
3
what is the document which you leave there.
issue if you give us a call.
13

you attempt to serve the other party, you
Before
to figure out there residential address (or
need
address where you can find them). If you did
any
obtain their address at the accident scene,
not
you may need to engage a commercial
then
who is able to find the person for you. We
agent
next step is that the QCAT will
The
a timetable and will require both
implement
to progress the matter towards a
parties
Generally, before a hearing takes
hearing.
there will be a settlement discussion
place
the parties.
between
you completed service, you will need to
Once
an affidavit of service. This document
sign
the QCAT that you have served the other
tells
You can find the affidavit at this
party.
you have served the other party with your
Once
and before any settlement discussion
application,
hearing takes place, you should collate the
or
which supports your claim. For example,
evidence
should speak with witnesses and obtain written
you
statements.
should organise copies of photos or videos
You
at the accident scene of all of your
taken
bike or other gear. You may need to
damaged
a Police traffic incident report if one is
obtain
It is also a good idea to try and track
available.
receipts which show how much you paid for
down
4
can make recommendations in this regard to you.
5
address:
6
7
your gear. Also, obtain repair quotes.
14

at any stage of the
Remember,
the other side may
proceeding,
to settle your claim.
offer
each settlement offer
Consider
and make that you
carefully,
fully compensated for your
are
the QCAT will organise
Eventually,
settlement discussion, where you
a
put forward your best case. If
can
matter cannot be resolved at a
the
discussion, then the
settlement
will hear the matter.
QCAT
that time, you can provide your
At
to the QCAT, and you can
evidence
call your witnesses to give
also
in your support. Once
evidence
parties have put forward their
both
the QCAT will make a
cases,
although the decision will
decision,
be made immediately after the
not
You may need to wait a
hearing.
weeks. few
8
entire loss.
9
15