A CANBERRA cyclist, injured when she was hit by a car, has urged other riders involved in accidents to seek legal advice or risk missing out.
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Meaghan Arundell was riding to university in 2010 when she was struck by a car, catapulting her forward off her bike.
Her injuries did not require hospitalisation but pain in her back prompted her to lodge a claim with the driver's insurer, which helped pay for treatment and bike modifications.
The insurer tried to settle the matter, which she declined, but it continued to pay for some physiotherapy and a gym membership.
In 2013, she visited a lawyer and was shocked to discover, as her claim had not been settled, she needed to begin legal proceedings within three years of the accident or get nothing.
Fortunately, a technical issue allowed her to proceed with the claim, although the narrow time frame prevented her collecting medical reports that would have provided a more accurate picture of her long-term injuries. ''It was only when I sought legal advice that I found out there was a limitation period, which was two or three weeks before my period would have ended,'' Ms Arundell said.
''If I hadn't seen [Maurice Blackburn lawyers for] advice at that stage, I could have ended up with nothing.''
Ms Arundell believes the insurer should have informed her of the time limit to claim.
''People should be told this limitation exists and there should be legislation forcing the insurer to inform the injured person.
''I would seriously hate to think someone had been permanently crippled and not have their rights recognised purely because they weren't informed of something they should have been told.''
Maurice Blackburn general counsel Robert Coen said Ms Arundell's case was a good example of how people could get caught out by strict time limits on lodging claims.
While a court could grant a time extension in most other jurisdictions, Mr Coen said this was not possible in the ACT unless the defendant had already admitted liability. ''If they dispute the claim and you pass the three-year deadline you will have lost the chance to claim,'' he said.
''People risk being caught out and getting nothing if they don't comply with strict time limitations.
''You cannot expect the insurer to be looking out for your interests; getting independent legal advice early improves your prospects of getting justice.''