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Your Entitlements When You’re in a Motorbike Crash

Motorcycle riders are at a higher risk of serious injury if they’re involved in a traffic accident. Helmets and protective gear can reduce the impact of a collision, but they don’t compensate for the protection offered by a car or covered vehicle.

In 2016, there were 248 motorbike fatalities across Australia, a 22.2% increase on the previous year.

Because of this increased risk, it’s important that motorcycle owners understand their rights and entitlements when they’re involved in motorbike crashes. Following an incident, it’s your responsibility to respond appropriately.

At the scene of the crash, you should:

  • Notify the police of the incident
  • Collect the details of any other parties or witnesses
  • Write down details like weather and traffic conditions

Following the incident, you should:

  • Make an appointment with a medical professional
  • Contact the TAC to lodge a claim
  • Ensure you return the completed TAC forms within 12 months of the collision
  • Contact a lawyer to find out more about your entitlements

What are You Entitled To?

Motorbike crashes affect not only your health, but your ability to work and sometimes your mobility. The good news is that you have the same rights as drivers and passengers in cars, vans and other vehicles.

When you’ve been affected in a motorcycle collision in Victoria, compensation you may be able to claim includes:

  • Loss of income
  • Medical expenses
  • Rehab
  • Vocational training
  • Back-to-work assistance
  • Vehicle repairs
  • Other property repairs
  • Childcare
  • Household and gardening services
  • Impairment benefits
  • Required equipment and aids, E.g. wheelchairs

Making a Claim with TAC

Your best approach following a motorbike accident is to engage a TAC lawyer. The TAC is an organisation that handles third party (compulsory) insurance and, while this doesn’t cover you or your vehicle, you can make a claim with TAC following any transport accident – motorcycles included.

A TAC lawyer such as u-Law can offer assistance with legal complexities throughout the claim process, acting as an independent party and representing you to ensure you receive all compensation you’re entitled to following a motorbike crash. We undertake negotiations on your behalf and our experienced transport lawyers are well-equipped to handle motorbike accidents.

Avoiding Motorbike Crashes

It’s the responsibility of everyone on the road to look out for motorcycles to reduce the number of road accidents. Take steps to protect those most vulnerable, by being aware of:

  • Using your indicators when supposed to, well in advance of turning or changing lanes
  • Checking your mirror at all times and being sure that blind spots are clear before making a turn
  • Giving bike riders plenty of room, especially in wet conditions and on bad road surfaces

 

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