In the context of off-road motorcycling, an accident does not necessarily have to occur on a public road in order for you to be eligible to receive compensation. For example, if you are injured whilst riding a Victorian registered motorcycle on private land you may be entitled to receive compensation as a result of your injuries.
It is also important to consider what is public land. Public land may include privately owned land, including by government, when the land is open to members of the public. For example, when the land is readily accessible as there have not been adequate attempts made to prevent access to an area (i.e. inadequate fencing/gates and/or inadequate attempts to stop vehicles from being driven in the area).
In some circumstances you may be entitled to compensation even if the motorcycle you were riding is unregistered. However, the nature of the vehicle will need to be considered, i.e. whether the vehicle is capable of being registered. Factors that will be considered include, whether the vehicle is used (actual usage) on public land or is intended to be used (having regard for the nature of the vehicle in question) on public land. While past cases are useful, each case will turn on its own facts.
The scheme surrounding transport accidents and your entitlements is complex and there are strict time limits that apply. It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.
We can help you navigate the scheme, maximise your entitlements and make the decisions that are right for your future.
If you have a query, please do not hesitate to contact our expert Transport Accident Team for a no obligation chat.