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Riding through the legal roadblock: Know your rights after a Motorcycle Accident

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Please note that this post was written for Victorian audiences and the information within may not apply to other regions.

Victoria is home to over 200,000 registered motorbike riders, with these small, nimble vehicles depicting a favourite alternative to other transport options for many. However, use of such vehicles does not come without extensive risk, that is why it is imperative that if you find yourself in a motorcycle accident sustaining an injury, you are cognisant of your rights and ability to pursue entitlement options.

Approximately 1000 bike riders suffer from serious injuries each year, representing a total of 17% of road crash hospitalisations, despite only representing 4% of registered vehicles on our roads. Each year in Victoria, over 2500 people are injured in a motorcycle crash. A large statistic like this emphasises the essentiality of motorcycle riders being aware of and having substantial understanding of the availability to compensation in relation to accidents.

What situations enable me to pursue compensation?

Circumstances in which the TAC pays benefits for motorbike accidents more widespread than most originally perceive. Scenarios where TAC compensation and benefits are available include:

  • Benefits and a lump sum benefit for injuries occurring in single vehicle crashes, including after loss of control due to poor weather on dirt bikes,
  • Benefits and lump sums for people injured on motorbikes where registration is not current (includes farm bikes and quad bikes)
  • Crashes on private property such as farms
  • Crashes that occur outside Victoria, but where the injured rider is a Victorian resident, or the crash involves a Victorian registered vehicle.

What does the TAC pay for when I have been in a Motorcycle Accident

Suffering from an accident deemed to be within the realms of TAC allows you to receive compensation for:

  • Medical treatment: For the first 90 days after the accident, the TAC can assist you with several services and treatments without the need to contact for approval first. The TAC website lists what services are included.
  • Services to help you recover.
  • Income support due to a loss of work from injuries. ‘Income support’ provided by the TAC is dependent on the amount you were working at the time of the accident, and how much you were earning.
  • If you continue to have a loss of earnings for 18 months after the accident, you may be entitled to Loss of Earnings Capacity benefits, depicting the difference between your ability to earn income before the accident, and capacity to do so after.
  • Lump sum payments if you are eligible for compensation.
  • Permanent physical or psychological conditions that are independently assessed as 11% or more can entitle you to the one-off lump impairment benefit payment.
  • This compensation for permanent loss of function or movement is given alongside the further benefits which may be awarded under the TAC.

Such compensation confers injured persons a practical ability to return to normal as much as possible in a way that attempts to alleviate financial stress and general pressures which may result from a transport accident. Despite these beneficial options, TAC is unable to cover any damage to your vehicle, including the cost of towing or vehicle storage. In terms of coverage for treatment and services related to the injury, this does not extent to those unrelated to the transport injury, those not deemed to be safe, necessary or effective and treatment that is provided outside of Australia.

Where will TAC be unable to cover me if i am involved in a Motorcycle Accident?

The TAC, in their own policy, is unable to pay compensation to people who suffer from injuries from transport accidents in the circumstantial setting of:

  • Taking part in an organised race or speed trial or are in a test preparing for an organised race or a speed trial.
  • Persons not covered by TAC in these settings is not limited to just drivers within organised races, but extends to spectators, officials or anyone assisting the event in any way.

At Zaparas Lawyers we identify with the ability of a transport accident to turn your life around, presenting new struggles that may be unfamiliar to you. That is why with our expert lawyers, we aim to guarantee you a smooth process to not only ensure your safety but alleviate you of any distress whilst maximising your entitlement options.