As our roads get busier, accidents are almost unavoidable – no matter how careful we are! If you get into an accident with another vehicle driver, both drivers probably have insurance to cover injury and perhaps even damage to the vehicles.
But what if you get into an accident with a cyclist? Are you covered as a driver? Read more about the obligations of cyclists and drivers on the road to answer this question.
Does a cyclist have to follow road rules?
Many types of vehicles use our streets and roads, including bicycles and e-scooters. These are considered vehicles and they’re allowed on the roads. Their riders have the same duty of care and must comply with the same road rules as every other vehicle on the road.
If you drive a car, there are rules to follow when dealing with cyclists. For example, you must always:
- check behind you before opening your door
- give riders enough space
- check your speed as you pass them.
Similarly, there are rules for cyclists. They must:
- use the correct side of the road
- signal their intentions clearly
- comply with traffic lights and other signage
- always ensure other vehicles can see them.
If an accident occurs between your car and a bike, you’ll need to figure out who or what caused it (such as road conditions, weather or someone not following the rules). Sometimes the cause of the accident is obvious – but other times it’s more complicated.
Common causes of bicycle accidents with motor vehicles
Around 80 per cent of the time, a motor vehicle’s driver is at fault in a collision with a cyclist.
Some common reasons for these accidents include:
- opening a car door without checking (called ‘dooring’)
- driving into a cyclist, especially on hills and corners
- failing to give way to a cyclist at intersections
- speeding past a cyclist or passing too close to them.
But it’s not always the driver’s fault. Cyclists can also cause accidents by:
- not following traffic signals, such as red lights, give way signs and stop signs
- riding erratically between lanes or making turns without signalling
- riding unsafely, including holding onto other vehicles, not holding onto the handlebars or using a mobile phone
- riding at night without lights or reflective clothing
- entering the road from a driveway, footpath or between parked cars without looking for moving cars
- riding under the influence of alcohol or drugs.
As a driver, if you’re injured in an accident with a cyclist due to these scenarios, you may have a claim. Even if you’re partly responsible for the accident, you could still be eligible for a percentage of compensation.
Are cyclists covered by insurance?
If you own and drive a motor vehicle in Australia, you must hold compulsory third party (CTP) insurance. This covers you if you need to pay compensation to someone you’ve injured in an accident. It will pay for their medical expenses, lost income and even pain and suffering.
Your CTP covers other motor vehicle drivers, as well as passengers and pedestrians. It also covers cyclists and scooter riders.
As CTP is a ‘fault-based’ system, the injured person must be able to identify the at-fault party and prove they caused the accident in some way.
The problem is that, in Australia, cyclists are not required to be registered or have CTP insurance. So, in an accident caused by a cyclist, you might find it difficult to claim compensation for your injuries.
Additionally, while you might have insurance to cover damage, such as comprehensive car insurance, cyclists are less likely to have insurance to cover vehicle damage.
In an accident with a cyclist, who pays?
If the driver is at fault
If you, as the vehicle driver, cause an accident and injure a cyclist, they can make a claim for compensation against your CTP insurer. In this case, your insurer pays.
They can also sue you for damages to cover damage to their bike, just as another motor vehicle driver would be able to.
As CTP covers personal injury, not property, your car insurance should cover this type of damage. If you don’t have this insurance, you’ll probably have to cover the cyclist’s property damage out of your own pocket.
When the cyclist is at fault
If you’re injured in a car accident caused by a cyclist, you may be technically eligible to claim compensation for your injuries and perhaps property damage. But, unfortunately, most cyclists don’t have insurance.
Some cycling bodies include personal injury and/or public liability insurance in their membership fees. Some cyclists have insurance that provides liability cover for third party damage. But no cyclist in Australia is required to register their bike or hold CTP insurance.
If the at-fault cyclist has no insurance, they may have to pay costs personally. Make sure you get their details after the accident and get professional legal advice on your next steps. If you pass the cyclist’s details on to your insurer, they can follow up with the cyclist for payment for vehicle damage.
If you can’t identify the cyclist
If a cyclist takes off after causing your accident and you can’t identify them, it will be more difficult to make a compensation claim.
In Queensland and New South Wales, if you’re injured by an unidentified or unregistered vehicle, you can claim against the Nominal Defendant – a statutory body that acts as the CTP insurer for uninsured or unidentified drivers.
As cyclists don’t have CTP, this option isn’t available to you. In this case, you should get legal advice to discuss your options for claiming compensation.
How can Main Lawyers help?
Accidents between drivers and cyclists are all too common, and determining fault isn’t always easy. As a driver, if you’ve been injured in an accident with a cyclist, you could be eligible for compensation. But you might have trouble identifying the rider or figuring out how a claim might work in your case.
Our motor vehicle accident lawyers have many years of experience with these cases. We can advise on your options and help you get the compensation you deserve. With our no-win, no-fee arrangement, you won’t pay our fees until the case is settled.
So you’ve got nothing to lose. Contact us today to find out how we can help.
