Injured Melbourne cyclist calls for improved insurance cover after loophole costs him thousands of dollars

A cyclist was left disabled by a violent accident on a Melbourne bike path has left thousands of dollars out of pocket due to a legal loophole.

Rohan Cresp’s shoulder was shattered when a pedestrian stepped in front of his bike and he was thrown to the ground.

WATCH VIDEO ABOVE: Melbourne cycle lane loophole exposed.

The pain was instant and when he went to move it all he could hear were grinding sounds.

“I thought I’m in big trouble here,” he told 7NEWS.

He’s needed five surgeries and has another on the horizon, but the pain will continue.

Cresp is not covered by the Transport Accident Commission of Victoria because the accident happened on a cycle lane, not a cycle lane, and did not involve a car.

“Unfortunately with cyclists you’re only protected in very limited circumstances and I don’t think people realize that until it’s too late,” personal injury lawyer Jeremy King said.

Melbourne City Council refused to compensate the cyclist despite the cycle lane clearly crossing into a footpath.

Cresp, who spent more than 180 days in hospital, wants councils to increase their injury cover if they expect more people to use the dedicated lanes.

“The council needs to have proper coverage, no-fault coverage like TAC because they’re not encouraging us to cycle, they’re forcing us to cycle,” he said.

Road improvements

The council said it marked the cycle lane using a green surface treatment to “enhance all road users’ awareness of this location”.

King said: “You can definitely see cases where municipalities can be sued for not having proper signage or not having proper bike lanes.”