Recently, discussion about the relative safety of cycling on Western Australia’s roads has caused the Insurance Commission of Western Australia to update their blog, clarifying their point of view regarding compensation for cyclists who are hurt by motor vehicle drivers in WA. The clarification was meant to help define and help WA cyclists better understand the scope of personal injury cover for cyclists who are involved in accidents with motor vehicles in WA.
Whenever a motor vehicle is registered, the drivers are provided with CTP or Compulsory Third Party insurance. This provides “unlimited” protection to drivers who are found negligent in an accident that injures a third party. Any third party who is injured by a WA driver is eligible for payments to cover all personal injuries, though the amounts are “subject to… statutory thresholds.”
Cyclists are eligible for compensation if the driver of the motor vehicle is found to be fully or partially at fault for the accident. Negligence on the part of the motor vehicle driver is viewed by the legal system to be “beyond the control” of the cyclist. If, however, a cyclist is partially at fault, compensation is reduced by the percentage of the cyclist’s “contributory negligence,” or the degree to which the cyclist is at fault.
It must be noted that only personal injuries are covered by CTP. Damage to property such as your bicycle or any personal items is not covered.
Any cyclist who has been injured by a motor vehicle is eligible to file a claim, even if they don’t know who hit them, as in a hit and run.
CTP is provided by the Insurance Commission of Western Australia paid for during vehicle registration, guaranteeing that anyone who suffers a personal injury due to an accident involving a motor vehicle registered in WA has access to compensation. This can include medical and out of pocket expenses, future expenses and lump sum compensation for pain and suffering. On occasion, claims are paid for the loss of ability to earn income.
If You Need to File a Claim
If you need to file a claim, always talk to a compensation lawyer first. A compensation lawyer acts as your advocate and represents your interests. Call Bradford Legal to learn more: (08) 9316 2299.