Insurance Information for Cyclists in Western Australia

A series of recent media articles have expressed views about cycling and safety on Western Australian roads. The intent of the information provided below is to clarify for Western Australians the scope of personal injury insurance cover provided in the event of an accident between a bicycle and a motor vehicle in Western Australia.

As part of the motor vehicle registration process, owners and drivers of Western Australian registered motor vehicles are provided with unlimited insurance protection in the event they are held responsible, due to their negligent driving, for causing personal injury to another person/s (third party). This is known as Compulsory Third Party (CTP) insurance. Any third party injured or killed as a result of the negligent driving of a Western Australian registered motor vehicle is entitled to compensation payments for personal injury suffered, subject to certain statutory thresholds.

For cyclists, compensation is paid only if the driver of a Western Australian vehicle is fully or partly at fault in a motor vehicle accident with the cyclist. This is consistent with the accepted understanding that remedies and/or compensation may be available when a loss is suffered that is outside your control.

An injured cyclist's compensation can be reduced by the extent of their own contributory negligence in an accident with a motor vehicle. It is important to understand that the CTP insurance policy only covers personal injury. It does not provide any cover for damage to motor vehicles or property (including bicycles or personal items). As in other parts of life, people need to insure their own property as the CTP insurance policy does not do this for you.

Any person (including cyclists) injured as a result of the negligent driving of a vehicle can pursue a claim even if the offending vehicle cannot be identified or is unknown - such as in a hit-and-run situation.

The Insurance Commission of Western Australia is the provider of CTP insurance in Western Australia and pays the costs of successful personal injury claims resulting from motor vehicle accidents. The cost of these insurance payments is funded from premiums that motorists pay each year at vehicle registration time for their CTP insurance. Costs paid include out of pocket medical and like expenses, lump sums for pain and suffering (subject to statutory thresholds), future expenses and, in some cases, compensation for loss of the ability to earn an income (loss of earnings).

It is worthwhile remembering that most adult cyclists in Western Australia are also motorists. There are nearly 2.7 million registered cars, motorbikes, trucks, trailers and caravans in a State with 1.7 million licensed drivers. CTP insurance premiums are paid by the motorists that own those vehicles.

Please refer to the following guide on our website if you have been injured in a motor vehicle accident: CTP Publications

The Department of Transport (DoT) should be contacted if you have any uncertainty about the road rules for cyclists on WA roads. Not following road rules can reduce your compensation from a claim, even if another party is at fault for an accident. Please refer to the DoT website for additional information on road rules for cyclists on WA roads.