In recent years, cycling has experienced a significant surge in popularity across Victoria’s roads.

With this dramatic rise, we have also witnessed an increase in cycling-related injuries.

So what is the TAC coverage for bicycle accidents? And how can you best prepare yourself in the aftermath of being knocked from your bike?

In this article by Maxiom Injury Lawyers, we will explain the complex nature of cycling accident claims and how you can best set yourself up to receive full compensation if you’ve been injured while on the pedals.

At Maxiom Injury Lawyers, we have your back every step of the way.


Understanding the TAC and Bicycle Accident Coverage

The Transport Accident Commission, otherwise known as the TAC, is the Victorian Government agency tasked with administering the transport accident scheme.

They provide both financial support and compensation to those who have been involved or injured in a transport incident within the state.

The majority of TAC-related claims usually involve motorists and their passengers, but with the growing presence of cyclists on Victorian roads, riders are now eligible under certain circumstances for compensation.

So what are the certain circumstances that cyclists must meet?

To be eligible for TAC coverage as a bike rider, you must fall into the following circumstances.

Here’s the breakdown :


When The TAC Will Cover You

  • If you were injured in a collision between your bicycle as a rider and a motor vehicle (this can be a car, truck, motorcycle, tram or bus)
  • If you are knocked off your bike due to someone opening a car door in your path.
  • If you are hit by a vehicle’s trailer or load whilst riding your bicycle
  • If you have to swerve to avoid a motor vehicle and end up crashing (you don’t need to be hit, but the vehicle must be at fault, having directly caused your crash)
  • You must have endured a compensable injury as a result of the accident (can be both minor or more severe)


When The TAC Won’t Cover You

  • You crashed your bicycle while operating it, but another motor vehicle wasn’t involved (hitting a pothole, slipping on gravel, colliding with another rider or pedestrian)
  • Your incident was an off-road cycling accident and did not involve a motor vehicle
  • You were injured riding your bicycle during a race or organised sporting event that did not have a motor vehicle present


Other Important TAC Considerations

  • The TAC operates under a no-fault system. This means you can be entitled to compensation even if you caused the accident or would normally be deemed at-fault.
  • If you were operating your bicycle while under the influence of alcohol or drugs at the time the accident occurred, you may be excluded from TAC compensation.
  • If you were riding on private property or roads when the accident occurred, you may also lose any chance at compensation.
  • If neither side in the accident has a Victorian connection, then the TAC may not apply
  • You must lodge your bicycle incident claim with the TAC within 12 months of the accident occurring (can be up to 3 years in very specific circumstances)
  • While the TAC is no-fault in their operations, if a driver was clearly negligent in their behaviour, you may have additional grounds for common law compensation.


Steps To Take After a Bicycle Accident

1. Your first priority after being involved in a bicycle accident should be yourself and your health and safety. Seek out immediate medical attention, even if your injuries appear to be minimal. Having thorough documentation of your injuries and any treatment you received as a result of the accident will be essential when claiming any compensation with the TAC.

2. Once you have ensured your own health and safety, you must report the incident to the authorities. Getting this lodged early with the police is a great way to establish the circumstances of the incident while all the necessary information and details are fresh and at the forefront of your mind. This will give you an even stronger case when filing a TAC claim.

3. Gathering all the details at the scene that you can is also essential. Some of the most important details include – names, contact information, registration and insurance details. On top of this, take photos (bike, injuries, road conditions, vehicles) and talk to any additional witnesses and grab their details as well.

4. When you feel ready, it’s time to make a TAC claim. You can do this with the hospital where you were treated (they can submit a claim on your behalf), you can submit an online claim yourself for compensation, or you can call the TAC on 1300 654 329 and claim over the phone. If you are feeling uncertain, get in touch with an experienced personal injury lawyer who can help you navigate the process.

5. Even if you do this after submitting a claim, it is essential to seek legal advice if your injuries are serious. An experienced legal advisor can help you qualify for common law compensation if you have/are dealing with pain and suffering, or any lost earnings associated with the accident.


How To Lodge A TAC Claim For A Bike Accident?

  • Check if you are eligible to start. If you were injured or involved in an accident where a motor vehicle was involved, then you will most likely be able to claim. If there was no vehicle involved in your accident, then the TAC generally will not cover the incident.
    • Gather every piece of information that you can regarding the incident. This will ensure that you have every base covered when submitting your claim.
    • Date, Time and Location
    • Photos of the incident scene
    • Details of all involved parties
    • Vehicle registration numbers
    • Medical details
    • Employment info (if claiming loss of income)
    • Police case number
  • Now that you have all the information that you need, you can submit your claim. There are two main ways that you can lodge a claim, which include the following.
    • Online Claim: You can access this form via the TAC Website
    • Phone: You can call the TAC on 1300 654 329
  • Once you have successfully lodged the incident with the TAC, the following may happen/occur
    • The TAC will send you a claim number (do not lose this)
    • The TAC may contact your doctor, hospital, or employer for any additional information they may require.
    • If your claim is approved, the TAC will start covering your treatment costs (many do not require pre-approval)
    • If you are unable to work due to your injuries, you’ll need medical certificates to get weekly income support.
    • Keep all medical receipts, reports, travel costs, and correspondence together to ensure you don’t lose any important information.
  • What about if your claim is rejected by the TAC? Well, you have the right to dispute TAC’s decision, which can be done through an internal review or through the Victorian Civil and Administrative Tribunal. It is often necessary to get sound legal advice if you get to this stage to ensure the best outcome for you and your case.


Common Challenges In TAC Bike Accident Claims

Many challenges can arise during the process of seeking a claim regarding a cycling-related incident.

The table below details 10 of the most commonly observed by Maxiom Injury Lawyers.

Challenge Details
Proving a Vehicle is at Fault If you hit a car door, then most cases will be pretty straightforward.

However, if you swerved to avoid a car and crashed with no contact, you will need to seek out witness statements, CCTV and dashcam footage.
Hit-and-Run or Unknown Driver Cyclists injured by a vehicle that fled the scene can still claim, but you must present some level of proof that a vehicle was involved
Issues with Police Reporting If police are not present at the scene of the incident, or you didn’t report the accident, then the TAC may doubt the validity of the incident.
Time Limits for Claims The TAC requires you to lodge a claim within 12 months of the incident.

Delays in lodging or in seeking medical treatment can weaken the claim.
Gaps in Medical Evidence During your consultation with a medical professional, they must be able to clearly link your injuries to a transport accident

If your medical records fail to mention the accident, then the TAC may dispute the connection
Injuries that Appear Down the Track Injuries such as soft tissue damage, concussion, or psychological damage can take weeks to show up.

If these are not documented early, then the TAC may not deem them as valid.
Income Support Issues Casual workers, freelancers, and students often struggle to prove pre-injury earnings.

TAC weekly payments are capped and are entirely based on your income history
Treatment Disputes The TAC will only fund treatment it deems as “reasonable” and “necessary”

Alternative therapies such as massage and acupuncture, or other long-term care, may be denied unless justified.
Permanent Impairment Thresholds To get a lump sum or pursue common law compensation, your injury must reach a serious injury threshold

Many cyclists underestimate how difficult it is to meet this test
Shared Fault or Illegal Behaviour While TAC operates on no-fault benefits can be reduced if you were cycling under the influence, ran a red light, or weren’t legally on the road

Most successful TAC claims will ultimately boil down to the quality of evidence present.

What does this look like? – proving a vehicle was involved in the incident, linking injuries to the accident and documenting any impacts on your work and life.


Why choose Maxiom Injury Lawyers?

It can be difficult to navigate the complexities of cycling accident claims, particularly when you’re dealing with pain and recovery.

Our team of highly experienced road accident lawyers specialise in personal injury claims, including any cycling-related accidents.

We can help you with :

  • A free initial evaluation of your case
  • Gather and present compelling evidence to support your claim
  • Directly handle all communication with the TAC and additional parties involved
  • Negotiate on your behalf to secure the best outcome for your case
  • Fill and complete all necessary documentation accurately and promptly
  • Represent you in court if necessary

Get in touch with our expert team at Maxiom Injury Lawyers Melbourne to discuss your circumstances.