Henry Carus + Associates | Injury Lawyers

Time Limits for Filing a Motorbike Accident Claim

When to File a Motorbike Accident Claim

For much of the year, motorbikes are a great way to get around the streets of VIC. Although many riders opt for different modes of transport in the wintertime, the passion for motorcycling often lasts year-round.

Unfortunately, some motorcyclists see their rides cut short by accidents. If you have been injured in a motorbike accident, you may be entitled to TAC benefits and other compensation. It is important, however, to act quickly.

Henry Carus + Associates have extensive experience representing motorbike riders in accident claims. Please call 03 9001 1318 today for a free, no-obligation consultation. Our lawyers serve clients in Melbourne and throughout Victoria.

How Long Do I Have to File a TAC Claim After a Motorbike Accident?

Like accidents involving other forms of transport such as cars, trucks, trains, and trams, motorbike accidents are covered by the Transport Accident Commission (TAC). You may be entitled to TAC no-fault accident benefits including medical expenses, income support, and more.

However, it is important to move fast after a crash: Generally, the time limit to lodge a claim with the TAC after a motorbike accident is 1 year. The TAC may also accept claims in the event that an injury does not begin to manifest for more than 1 year after the accident.

Should you file a claim within the 1-3 year period, you must make a compelling case for why your claim was delayed and why it should still be considered. The TAC will not accept claims if they are lodged more than 3 years after the accident occurred or 3 years after the injury should have been apparent.

As you can see, lodging a TAC claim after a motorbike accident is time-sensitive. The statute itself is also complicated. Therefore, it is in your best interest to contact a motorbike accident lawyer as soon as possible for assistance with your claim.

How Long Do I Have to File a Common Law Claim After a Motorbike Accident?

If you are seriously injured in a motorcycle accident for which someone else is at fault, you may be able to pursue additional compensation via a common law personal injury claim against the careless driver or another party. While TAC no-fault benefits cover expenses and economic losses related to the accident, common law compensation covers broader damages such as pain and suffering and your anticipated lost wages.

The time limit to file a common law claim is much longer than lodging a claim with the TAC: Generally, you have 6 years in which to file a claim for common law compensation after a motorbike accident.

However, it is still crucial to treat your claim with urgency. Key evidence must be gathered to establish who was at fault for the accident. Your injuries must be treated and evaluated to determine whether you meet the statutory definition of a “serious injury.” And, perhaps most importantly, bills will continue to arrive and limitations caused by the accident may have an ongoing impact on your life.

If you suspect someone is responsible for the motorbike accident that caused your injuries, it is important to get started on your claim sooner rather than later. An experienced lawyer can advise you how to proceed.

How Long Do I Have to File a Defective Motorcycle Claim?

Some motorbike accidents occur due to a defective part or other component. In these instances, you may be able to recover compensation through a defective product claim against the manufacturer of the part that failed and/or the maker of the bike.

The time limit for motorbike accident claims arising from a defective product is 3 years. However, the Australian Consumer Law states that actions for product defects must be commenced “within 10 years of the time the manufacturer supplied the goods with safety defects.” So, if your motorcycle or a part on the bike was over 10 years old and a defect caused you to crash, you may not be able to file a claim against the manufacturer.

Product liability claims are complicated. Extensive investigation is often necessary to determine the nature of the defect and how it caused the accident. Therefore, it is in your interest to hire an experienced lawyer to help you with your claim.

How Long Do I Have to File a Claim for a Motorbike Accident Involving a Dangerous Road?

The condition of the roadway can be a major factor in motorcycle accidents. Unfortunately, safety issues with the road are often overlooked.

In the event that your motorbike accident was caused by a faulty or poorly maintained road, you may be able to recover compensation from VicRoads or another road authority. The VicRoads Notice of Incident and Claim form must be submitted within just 30 days of the accident.

Other parties, such as a contractor or subcontractor involved in the construction of the road, may also be liable for injuries you sustained in a motorbike accident on a dangerous road. It is important to speak to a lawyer as soon as possible to discuss your legal options and the time limits on potential claims.

Contact Our Motorbike Accident Lawyers ASAP

At Henry Carus + Associates, we believe that You Deserve More. We pride ourselves on pursuing the maximum benefits and other compensation for each client. Our thorough investigation and the close relationships we form with clients enable us to achieve more favourable outcomes that truly address the losses of each individual.

If you have been injured in a motorbike accident, please contact Henry Carus + Associates at 03 9001 1318 today for a free, no-obligation consultation. Our team serves clients in Melbourne and throughout VIC.