Understanding TAC coverage for bicycle accidents

Although push-bikes are already a staple on Victorian roads, their growing popularity means motorists will have to contend with bicycles more often, increasing the likelihood of injuries resulting from bicycle accidents.

TAC coverage for bicycle accidents typically includes compensation for medical expenses, income support, rehabilitation services, and other accident-related costs. However, it is essential to understand the claim procedure and the specifics of what is covered to ensure you receive the financial assistance you need. Contact Gordon Legal on 03 9603 3000, to arrange a discussion about your rights and entitlements with a road accident and TAC expert today.

What is the TAC?

The TAC (Transport Accident Commission) is a State Government entity which provides financial support and compensation in many circumstances to those who have been involved in a transport accident in Victoria.

Whilst most of the TAC’s funding for compensation is allocated to injuries suffered by motorists and their passengers, cyclists are also eligible under certain circumstances.

So, does TAC provide compensation for bicycle accident injuries?

Fortunately, the answer is yes, but only if certain conditions are met. This article will guide you through the basics of what you need to know when applying for support for a bicycle injury through the TAC.

To be eligible for TAC coverage in the event of a bicycle accident, certain criteria must be met.

• Involvement in a Transport Accident: The incident must be classified as a transport accident, meaning accidents involving a stationary or moving motor vehicle on Victorian roads and other public areas. You do not need a specific type of bicycle to be eligible for TAC coverage.
• Suffered a compensable injury: The individual must have sustained a compensable injury as a result of the accident. This injury can range from minor to severe and may include physical, psychological, or both types of harm. The TAC will only compensate for injuries suffered by either party, but not damage to property.
• Circumstances of the injury: The circumstances in which you were injured whilst riding a bicycle also contribute to your eligibility. For example, you will be covered if you are injured by colliding with a motor vehicle or form of public transport, swerving to avoid a motor vehicle, colliding with a stationary vehicle or car door, or losing control of your bicycle as a result of debris on the road due to the driving of another vehicle.
• No-fault system: The TAC operates under a no-fault system, meaning individuals are entitled to compensation regardless of who caused the accident.
• Exclusion factors: Some exclusion factors may apply, such as if you were riding under the influence at the time of the accident or riding on private roads or property.

Navigating the eligibility criteria can be daunting, especially when there remains some uncertainty to whether cyclists are covered if the accident did not involve a motor vehicle (such as a collisions with other cyclists or pedestrians). Unfortunately, traversing these legal complexities is not a simple task. It is important that you receive advice from a proven legal expert in this area. Contact Gordon Legal on 03 9603 3000, to arrange an initial appointment with a road accident and TAC expert.

What is TAC’s coverage for bicycle accidents?

If you are eligible for a bicycle accident TAC benefit, you can bring a claim for expenses relating to:

• Hospital and medical bills
• Medication costs
• Ambulance fees or rescue services
• Loss of income for up to three years after the accident
• Lump sum impairment
• Pain and suffering damages
• A death or dependency claim
• Accommodation and travel allowances for direct family members who intend to provide support or care.

However, TAC coverage limits for bicycle accidents do apply.

Firstly, the TAC will not compensate a cyclist for damage to their bike resulting from any collision.

Secondly, there are exclusions for cyclists competing in organised cycling competitions.

Thirdly, and most importantly, if your accident did not involve a stationary or moving motor vehicle, for example a collision with a pedestrian or another bicycle, it is unclear whether you will be eligible for TAC compensation.

If you are uncertain whether your bicycle injury will be covered, it is important that you receive legal advice that is tailored to you. Gordon Legal has expert lawyers who specialise in road injuries and TAC claims who can help you navigate any legal complexity within the TAC claims process. Contact us today on 03 9603 3000, to arrange an initial appointment with a road accident and TAC expert.

What should I do immediately after a bicycle accident to be eligible for TAC coverage?

• Seek medical attention: Remember to seek medical attention even if your injuries seem minor. Records of the injury and treatment will be vital when submitting a claim for compensation.
• Reporting the incident: It is crucial to report the accident to the police as soon as possible. This report will be essential when filing your TAC claim and can help establish the circumstances surrounding the accident.
• Make a TAC claim: There are three ways to file a bicycle accident claim with TAC, each with a similar claim procedure.
  1. You can ask the hospital at which you were treated for your injury to complete and submit a claim form on your behalf.
  2. You can submit an online claim for compensation.
  3. You can call the TAC on 1300 654 329 and submit a claim over the phone.

In all cases, the TAC is authorised to collect information from your personal medical records and third-party insurers to determine the severity of your injury and the extent of your eligible coverage.

Is it necessary to have insurance to claim TAC benefits for a bicycle accident?

No, it is not necessary to have insurance to claim TAC benefits for a bicycle accident. TAC coverage is available to all individuals who have been injured in transport accidents, regardless of whether they have private insurance or not.

However, having private insurance may affect the amount of compensation you receive from TAC. In some cases, TAC benefits may be offset by payments from your private health insurer or other sources of compensation.

Are there any other ways to be compensated?

In addition to TAC compensation, cyclists may make what is called a ‘common law claim’ against another party who caused the road accident injury.

All road users, including cyclists, motorists, e-bike users and so on, have a duty of care to their fellow commuters to use public roads safely. If you believe that duty of care was breached and you suffered an injury as a result, you may be entitled to receive compensation from the party who caused the accident directly.

Common law claims for road accidents are best delt with by lawyers who are seasoned experts in the field. Here at Gordon Legal, we can help you understand your legal rights and maximise your potential compensation on a ‘no-win-no-fee’ basis. Contact us on 03 9603 3000, to arrange an initial consultation today, so that you can receive the compensation you deserve.