Motorcycle Accidents


Riding a motorcycle, particularly in Tasmania, is one of life’s pleasures. However, there is always the risk that you could be involved in an accident. Whether you are a local on a weekend ride, touring Tasmania on holidays or commuting to work, it is important to know your rights in the unfortunate event of an injury.

Because we also ride, we understand the specifics  of motorcycle accidents. We know the difference it makes by applying the rear brakes or the front brakes when you are part way through a corner. We also know the difference between an R1, a Street Triple and a Goldwing.

As each case is different, we suggest you contact us to discuss your specific situation. The following information is general advice and is not intended to replace legal advice specific to your problem.

 

Single vehicle accidents

If you have been injured in an accident that does not involve another vehicle and you were the rider of a motorcycle, you may still be entitled to some compensation. This is known as a “no fault” claim.  Your rights depend upon where your vehicle is registered as each state has different laws. For example, if your bike is registered in Tasmania, you may be entitled to 80% of your usual wages for a maximum period of two years if you are unable to work as a result of your injury. You may also be entitled to have your medical expenses paid. If your bike is registered outside of Tasmania, we will be able to give you advice about any specific entitlements you may have as the laws in each state are different.

If you believe that your accident was caused by the condition of the road or improper signage, we suggest you contact us for specific advice. The ability to make a claim in these circumstances is significantly restricted.

As time limits apply to claims, we suggest that you seek our advice as soon as possible after your accident. Failure to act within time could mean that you may miss out on your entitlements.

Accidents involving other vehicles

If you are injured as a result of an accident involving another vehicle, or you were the pillion in a single vehicle accident, you may be entitled to make what is known as a “common law” claim. This involves making a claim against the driver or rider at fault. This type of claim allows for compensation to be tailored to your actual circumstances and allows you to claim for factors such as pain and suffering as a result of your injury. These types of claims are usually more generous than “no fault” claims but they require you to prove the fault of the other driver or rider to qualify.

You may be able to make a claim even if the other vehicle is unable to be identified. For example, if your accident is caused by another vehicle forcing you off the road but they do not stop, you may still be able to make a claim.

As time limits apply to claims, we suggest that you seek our advice as soon as possible after your accident. Failure to act within time could mean that you may miss out on your entitlements.