Motorbike rider injured in blameless accident seeks compensation from bike owner’s insurer – Which case won?
Experienced motorbike rider injured in collision with kangaroo
As the judge noted, it was a case that “could only have taken place in Australia”. A motorbike rider who had borrowed the motorbike from his friend was travelling along an unsealed dirt road from Noccundra through Hungerford in Queensland, to Bourke in NSW, when a kangaroo bounded out onto the road and collided with the motorbike.
The rider was thrown from the motorbike onto the ground, landing heavily on his right shoulder, and lost consciousness.
Rider of motorbike brings legal action against its owner
The motorbike rider brought a legal action against his friend, the owner of the motorbike, and the friend’s third-party insurer. The basis of the claim was that the motorbike rider had been injured in a “blameless accident”, as defined by the Motor Accidents Compensation Act 1999, and that, according to the statute, he was entitled to claim for damages via the third party insurance policy held by the owner of the motorbike.