Cyclists out on the road in Australia aren’t required to take out insurance, so if they are ever involved in a collision, most cyclists are unsure about their rights and entitlements.
The TAC defines a transport accident as “as incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram”. While this definition doesn’t explicitly refer to bicycles, the TAC does go on to say it can also include a collision involving a pedal cycle.
So, you’ll be covered by TAC scheme if you’re cycling in Victoria and are injured by any of the following scenarios:
- A collision caused by the driver of a motor vehicle, train or tram
- A collision that involves your bicycle and a stationary vehicle
- A collision caused by an open car door when you are travelling to or from work
- A collision caused by a vehicle that is out-of-control
If you receive injuries that are caused by a collision with another cyclist, a pedestrian, an open door when you are not travelling to or from work, or falling off your bike, you won’t be covered.
What Are You Entitled To?
If an incident occurs while cycling in Victoria and you’re covered for it, you’ll be entitled to the same rights as those in other moving vehicles would be. This means you’ll receive compensation to cover medical expenses, rehabilitation, loss of earnings and pain and suffering.
If you have a permanent impairment, you could also receive a lump sum.
The TAC will conduct an investigation to determine who was at fault by looking at things like the speed of the vehicle, the inattention or negligence of the driver and the place the collision took place. As the TAC is a no-fault scheme, your compensation entitlement won’t be affected by who to blame for the accident.
Find out more about why u-Law is the preferred law expert when you’ve been injured in any road accident. We can help you understand the compensation scheme, so you know if you’re covered in a collision on your bicycle.