Our valued sponsor Sneddon, Hall and Gallop has kindly prepared some information in relation to this issue (follows at the end of this article).
The information from Sneddon, Hall and Gallop is excellent and should answer all of your questions. A very brief outline of the insurance you have with your Triathlon Australia membership follows below:
If you have purchased the full $150 TA competing licence, then you have personal accident insurance and public liability/third party insurance anytime you are training for or competing in triathlons. This is NOT included in the $10 membership.
If you are worried about cycling in situations that may be hard to demonstrate are related to triathlon training under the TA insurance definition, or you don’t compete in triathlons so only have the $10 TA membership, then (as Sneddon, Hall and Gallop outline in the above article) the first step is to check what public liability insurance is already offered to you as part of your home insurance or contents insurance. A further option is to contact Pedal Power or a similar cycling body to obtain information on personal accident, public liability and third party insurance for your cycling.
Many thanks to Sneddon, Hall and Gallop for preparing this information for our members and also for their continued support of the club as a sponsor over the past few years. As well as supporting the club through generous barrel prizes for Bilbys events, Sneddon Hall and Gallop also offer the following services to all Bilbys members
Snedden Hall & Gallop and Stacks/Compensation are pleased to present Bilbys members with a free initial consultation for any personal injury compensation claims and a free telephone consultation for any other legal matters, including:
Business and Commercial Law
Wills and Estate Planning
Property Law and Conveyancing
DO CYCLISTS NEED INSURANCE?
A recent judgment in the ACT Supreme Court, broadly publicised in The Canberra Times and
elsewhere, brought to light circumstances where a cyclist was sued by a fellow cyclist following an
accident causing serious injury. As many Bilbys members regularly cycle on ACT roads, the judgment
would certainly have raised questions in your mind as to what would happen if you were involved in
an accident involving another cyclist, or perhaps a pedestrian or other road user.
The recent judgment arose from a case where the injured cyclist alleged that the defendant (fellow
cyclist and friend) had been negligent and as a result had caused the accident which led to the injury.
It is important that you understand that any claim could only arise if there was a breach of duty of
care giving rise to such an accident and injury. This is the same way as a car driver may be liable for
injuries caused to another motorist, cyclist or pedestrian if the accident arose through their
negligence or breach of duty of care. Such a breach would occur in circumstances such as failing to
keep a proper lookout or failing to properly manage a bicycle in a way which led to a collision.
In most circumstances where a cyclist is negligent and causes an accident and injury to another
cyclist or perhaps a pedestrian, the immediate question for any lawyer advising the injured person is
whether the negligent cyclist had insurance or some other means of satisfying any judgment that
might be obtained. It is almost certain that in the recent Supreme Court case, the defendant to the
action was covered by a policy which probably arose from the home insurance or contents insurance
held by that cyclist. It is common ground that most home policies have an extension that covers
normal residents in that home for acts of negligence outside the home. We have acted in a number
of cases where a cyclist has caused injury to a pedestrian and the insurance policy held by that cyclist
has been available to protect the negligent cyclist in terms of any compensation that has to be paid.
Similarly, you will be aware that some organisations such as Pedal Power, have separate insurance
which covers members for some liability claims, though the extent of that cover would need to be
carefully considered. It would be our suggestion that if you were concerned as to your potential
liability for a negligent act or even some misadventure during a bike ride leading to an accident of
some sort, it would be worth you checking the terms of your own insurance cover to see whether it
has the type of extension which I have mentioned above, which would protect you against any
liability that may flow to you for injuries caused. It is also important for you to remember that you
would not be liable for the injuries to another cyclist or pedestrian unless you were at fault in terms
of the accident giving rise to those injuries.
If you would like any more information about this, please feel free to contact one of our team at
Snedden Hall & Gallop on 6285 8000.