Cycling isn’t a passing fad — it’s part of the Queensland lifestyle. From sunrise rides along the Brisbane River loop to weekend rides down the coast, we’re a state that loves two wheels. In fact, according to a national survey, about 759,000 Queenslanders cycle each week, and nearly 1.83 million take to the saddle at least once a year.
But the stark reality is that bicycles and cars sometimes don’t get along! In 2023-2024, 13,200 pedal bicyclists were hospitalised — roughly one in five transport-related injuries.
Cyclists are among Queensland’s most vulnerable road users — no metal shell, no airbags, just skill, focus, and a helmet between the cyclist and the bitumen. If you’ve been injured while riding, you may be entitled to claim compensation under Queensland’s Compulsory Third Party (CTP) insurance scheme. We explain your rights, how to make a claim, and how to get back on track.
What you’ll learn
- Understanding bicycle accident compensation
- Common causes of bicycle accidents
- What you can claim for
- How much can you receive?
- The bicycle accident claim process in Queensland
- What are the time limits?
- Case highlight
Understanding bicycle accident compensation
In Queensland, cyclists injured by a driver’s negligence can claim compensation under the Motor Accident Insurance Act 1994, which covers all CTP motor vehicle accidents — including bicycle crashes.
Because bicycles are not motor vehicles, riders don’t have their own CTP insurance. Instead, claims are made against the CTP insurer of the at-fault vehicle.
If the vehicle was uninsured or can’t be identified (as in hit-and-run incidents), the claim is handled by the Nominal Defendant, a government body that ensures injured road users aren’t left without compensation (for these claims, very strict timelines apply!).
To be eligible for compensation, you generally need to show that:
- A motorist was wholly or partly at fault; and
- The accident caused you injury or loss.
Even if you were partly responsible — for example, if you didn’t signal properly or were travelling at an excessive speed — you may still be entitled to partial compensation. This is known as contributory negligence, and your payout may be reduced in proportion to your share of fault.
If no motor vehicle was involved — for instance, if your crash was caused by a poorly maintained road, a dangerous path, or faulty equipment — you may instead have a public liability claim against the party responsible, such as a council, property owner, or manufacturer.
Common causes of bicycle accidents
While no two crashes are the same, these are some of the most common causes we see across Queensland:
- Dooring incidents – when someone opens a car door into a cyclist’s path.
- Failure to give way or keep a safe distance – including turning across a rider’s path or not leaving the required 1 to 1.5-metre space when overtaking.
- Distracted or speeding drivers – drivers looking at their phones, rushing through traffic, or failing to notice cyclists in time.
- Poor road surfaces – potholes, gravel, uneven edges, or debris that force riders into danger.
- Unsafe road design or signage – hidden posts, blocked bike lanes, or unclear intersections.
- Hit-and-run accidents – when a driver causes a crash and leaves the scene without stopping.
Regardless of how the crash occurred, if negligence played a role, you may be entitled to make a claim for compensation.
What you can claim for
Bicycle accident compensation aims to put you back, as much as possible, in the position you were in before the accident. Depending on the severity of your injuries, you may be able to claim for:
| Type of compensation | Coverage |
| Medical and rehab costs | Hospital treatment, surgery, physiotherapy, medication, and necessary home or vehicle modifications |
| Lost income | Wages lost due to time off work and reduced future earning capacity |
| Pain and suffering | For physical discomfort, emotional impact, and reduced quality of life caused by your injuries |
| Care and assistance | Help with daily tasks like cooking, cleaning, shopping, or personal care (even if provided by family/friends) |
| Out-of-pocket expenses | Travel to medical appointments, medications, and essential medical aids or equipment |
How much can you receive?
It depends on your injuries and losses. While many range from $10,000 to $50,000, more serious cases reach hundreds of thousands.
The bicycle accident claim process in Queensland
1. Report the incident
- CTP claims: Notify the incident to Queensland Police as soon as practicable.
- Public liability claims: Report the incident to the property owner or responsible entity and keep a record.
2. Identify the at-fault party
- CTP claim: Get the driver’s details, registration, and witness contacts. If it’s a hit-and-run, the claim goes to the Nominal Defendant – again very strict timelimes apply so act urgently and speak to us!
- Public liability: Gather the property owner or occupier’s details and any witness contacts.
3. Seek medical treatment
See a doctor immediately, even for minor symptoms. Early medical records are key evidence.
4. Submit a claim form
- CTP claim: Lodge a Notice of Accident Claim Form to officially start your compensation process.
- Public liability: Provide a Notice of Claim Form to the responsible party.
5. Insurer assessment
The insurer will investigate and may start funding your rehab while assessing liability.
6. Medical exams & evidence
Both sides may arrange medical exams. At accident legal, we handle the paperwork and evidence so you can focus on recovery.
7. Settlement Negotiations
Most claims settle out of court. Your lawyer will negotiate to secure fair compensation for your injuries and losses.
8. Court proceedings
If a fair deal can’t be reached, your lawyer may file proceedings, but most cases resolve before trial.
What are the time limits?
CTP claims
- Standard CTP claim: Lodge within:
- 9 months after the accident or first symptoms, or
- 1 month of consulting a lawyer.
- Hit-and-run or unregistered vehicle (Nominal Defendant):
- Lodge within 3 months of the accident.
- Submitting after 9 months may make your claim statute-barred.
- Common Law Claim (other than Nominal Defendant):
-
- Must start court proceedings within 3 years of the accident.
Public liability claims
- 3 years to start court proceedings
Case highlight
Land v Dhaliwal & Anor [2012] QSC 360
In Land v Dhaliwal, a Queensland cyclist was awarded $382,690 after a taxi suddenly veered in front of him, causing a crash that aggravated his pre-existing back and knee problems.
What happened
Mr Land was cycling near Brisbane Airport when a taxi cut into his lane and stopped. He hit the back of the vehicle and suffered serious spinal and knee injuries. The driver admitted fault.
Before the crash, Mr Land already had old back and knee issues, so the main question was how much of his ongoing disability was due to this accident.
The Court’s findings
The accident aggravated his pre-existing injuries and sped up the need for further surgery. Expert evidence showed he could no longer do heavy manual work but retained some earning capacity in lighter roles.
The court found:
- The crash caused genuine new impairment, though much of his condition pre-dated it.
- His future work life would have been shortened even without the crash.
- His accountant’s approach—basing loss on business profits—was rejected. The correct method was to value his lost personal labour.
- His wife’s care claim failed because it wasn’t injury-specific or properly documented.
Key takeaways
- Compensation only covers what the accident added to existing problems.
- Business profits aren’t proof of lost earning capacity.
- Care claims must show clear, injury-specific evidence.
- Courts consider pre-existing conditions and expected working life when assessing future loss.
The Nominal Defendant v Gibb [2024] ACTSC 418
In this case, the Supreme Court ruled that a cyclist who didn’t record a driver’s details after being hit could still claim compensation — because shock affected his ability to think clearly.
What happened
On 20 December 2019, Mr Gibb was cycling in Braddon when a white 4WD clipped him, throwing him onto the road. He declined help from the driver and bystanders, believing he was fine, and left without noting the driver’s details. Hours later, he discovered a fractured thumb, torn knee ligaments, and other injuries. The Nominal Defendant initially rejected his claim, saying he hadn’t made a “reasonable inquiry” to identify the vehicle.
The Court’s view
The insurer argued Gibb appeared rational, so he should have collected details. A trauma expert testified he was in “nervous shock,” with his actions being automatic survival responses rather than rational decisions. The court accepted this, ruling Mr Gibb’s failure to identify the vehicle was understandable.
The appeal was dismissed, allowing Gibb to pursue compensation.
Key takeaway: “Reasonable inquiry” depends on the injured person’s actual condition; shock or trauma may justify a valid claim if supported by strong medical evidence.
Queenslanders for Queenslanders
No matter the hurdles — pre-existing injuries, hit-and-runs, or tricky claims — Queensland cyclists can still claim what’s fair. The sooner you take action, document your injuries, and have a legal team in your corner, the smoother your ride to recovery and compensation will be.
We get it —taking on an insurer alone can feel like riding uphill without gears: tough, frustrating, and stacked against you.
We’ll:
- Uncover every possible source of compensation
- Gather the strongest evidence for your claim
- Deal directly with insurers
- Ensure your treatment and rehab costs are covered early
- Negotiate hard to maximise your settlement
Wherever you are in Queensland, you can call us anytime — day or night, even at 2 am. When you need straight answers and strong support, we’ll be there.
If you’ve been injured in a bicycle accident, don’t wait to get advice. Time limits apply, and early action can make all the difference. Contact us today to start your claim.
