Cyclists to claim more after Transport Accident Commission removes medical excess charge

CYCLISTS are being urged to take advantage of the scrapping of a $651 excess fee that had applied to claims for accident compensation, which could see a surge in claims from the TAC.

CYCLISTS are being urged to take advantage of the scrapping of a $651 excess fee that had applied to claims for accident compensation.

Bike riders already claim $55 million a year from the publicly funded Transport Accident Commission, and this is now expected to surge.

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Cyclists do not contribute to the scheme via registration fees and, unlike most motorists, can claim accident insurance without speaking to investigators.

From February 14, Victorians injured in accidents no longer have to pay $651 before lodging a claim. The new rule prompted a push by law firms and the Bicycle Network to encourage more riders to seek compensation after accidents.

Cyclists are now more likely to make TAC claims. Picture: Mark Stewart

Maurice Blackburn road accident lawyer Alice Lau said more cyclists were now likely to make TAC claims.

“There were a number of people who were holding off lodging a claim because they didn’t think they would reach $651 out of pocket, or they just couldn’t afford it.

“We’re certainly trying to get the message out there and make sure people are well informed,” Ms Lau said.

“The claims process will stay the same, but now people won’t be discouraged from lodging in the first place.”

Riders can claim for accidents caused by cars, even if there is no collision, but they are not covered for a fall or for an accident that is not caused by a vehicle.

Motorists, but not cyclists, pay the Transport Accident Charge in their registration to fund the insurance scheme.

But Bicycle Network CEO Craig Richards said the funding model was fair because 95 per cent of the organisation’s members lived in a house with one or more cars.

Barbara Niglio, 55, Glen Iris is a cyclist who made a claim last year after an incident with a garbage truck. Picture: Jason Edwards

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“Bike riders are already paying registration, insurance and taxes and are entitled to TAC coverage,” he said. “However, it needs to be ramped up so bike riders are always covered.

“Whether you get TAC coverage or not can be luck of the draw, and that’s unfair.”

Glen Iris cyclist Barbara Niglio, who was treated in hospital last year after having to swerve to dodge a ­garbage truck, said she was able to claim full TAC compensation, which was “fantastic, and covered all element of my rehabilitation including hydrotherapy and physiotherapy”.

A state government spokesman said the TAC was a no-fault scheme that covered all parties to car accidents.

“Non-motorists are eligible for compensation if the accident that resulted in their injuries was the direct result of the driving of a motor vehicle, train or tram,” he said.

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