Can an injured cyclist claim benefits and support from the TAC after an accident?

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10 Mar 2015

Put very simply, cyclists do not pay a TAC premium on their bicycle and therefore they aren't covered unless certain specific criteria spelt out in the Transport Accident Act are met.

For example, the Act clearly identifies that a cyclist will be covered only if the accident that resulted in their injuries was the direct result of the driving of a motor vehicle, train or tram.

The Act goes a bit further and specifies that if they are injured in a collision with an open or opening car door, they can claim compensation under the Act.

In cases where the cyclist has not actually collided with a motor vehicle but the crash did result from the driving of a motor vehicle, the cyclist is able to make a claim. An example of that could be if a cyclist swerves to miss a car that pulls out in front of them and collides with a telephone pole. In that case they could be eligible to claim support and benefits from the TAC.

The last point is that cyclists are unable to claim under the Act if they hit a stationary vehicle unless they are travelling to or from work. This does not apply to car dooring incidents, only cases where a vehicle is sitting parked and not moving.

If you are a cyclist who has been injured on the roads, the TAC encourages you to follow the steps outlined here to find out if you're eligible to claim.

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