No Win, No FeeCyclists are one of the most vulnerable road users because a bike offers little protection during a collision. Even when a bicycle helmet is worn, cyclists can sustain horrific injuries in road traffic accidents. If the accident was caused by another road user’s negligence, you’d be well within your rights to seek compensation by making a cycling injury claim.
In this article on claiming compensation for bike accidents and cycling injuries, we’ll demonstrate when you might be entitled to compensation and what you could do to improve your chances of being compensated.
If you or a loved one have been affected by a cycling accident, we’re here to help. Our team provide free case reviews for all claims along with legal advice on whether you can proceed. If we believe your claim is viable, we’ll ask one of our personal injury lawyers to discuss matters with you. Should they agree to represent you, they’ll do so on a No Win, No Fee basis. In our experience, this makes the cycling injury claims process less stressful as you’ll only pay for your solicitor’s work if you are compensated.
If you’d like us to review your chances of being compensated right away, please get in touch on 0800 652 1345 today.
Am I Entitled to Compensation for a Cycling Injury?
Before we move on to look at how and when to make a claim, we’ll explain the eligibility criteria that a solicitor will check before accepting a cycling injury claim. They are:
- That the cyclist was owed a duty of care by the other road user (the defendant); and
- The defendant was negligent in some way and that caused an accident; and
- The cyclist sustained injuries as a result of the accident.
It’s important to note that in most situations you’ll only be entitled to compensation for a cycling accident if it was caused by someone else’s negligence. So, for instance, if you were cycling on the pavement illegally and you were hurt in an accident you may find it difficult to justify being compensated.
Common Examples of Cycling Injury Claims?
Our personal injury solicitors could help you claim damages for injuries sustained in many types of cycling accidents. A few examples are:
- Road defects: Potholes, uneven surfaces, or loose gravel can be particularly hazardous to cyclists. If the authority responsible for maintaining the road has failed to address these issues, you might be able to claim compensation for injuries caused by a fall.
- Accidents caused by drivers: Motorists have a duty of care to drive safely around cyclists. If you were injured because a driver failed to check their blind spot, opened a car door into your path, or collided with you while overtaking at a roundabout, you may be eligible to claim damages.
- Dangerous cycling routes: If a designated cycle lane or shared path is poorly maintained, obstructed, or unfit for use, leading to your injury, you may have grounds for a claim against the responsible party.
- Defective bicycle parts. Injuries caused by faulty brakes, tyres, or other defective parts might lead to a claim against the manufacturer or retailer.
These are just some examples of when injured cyclists could be entitled to compensation. If you believe you have the grounds to claim, speak to our team today for expert advice and support.
What Types of Cycling Injuries Can I Claim For?
Cycling accident compensation is possible for any type of common injuries to cyclists caused by another road user including:
- Cuts and bruises.
- Back injuries.
- Broken or fractured bones.
- Head and brain injuries.
- Soft tissue injuries.
- Psychological injuries.
- Life-threatening injuries.
- Whiplash injury.
While cyclists will recover from their injuries over time, some can be life-changing and mean they’ll need to adapt their way of life. If you do decide to claim compensation, the severity and impact of your injuries will be considered in any settlement offer.
Please get in touch if you would like to know more.
What Evidence Do I Need for a Cycling Injury Compensation Claim?
To make a successful cycling injury claim, in most situations, you will need to show how your bicycle accident happened, who was responsible and how you suffered. This means you’ll need to supply several pieces of supporting proof as part of your claim. This could include:
- Witness information: If the accident was seen by others, it’s a good idea to ask for their contact details. Where liability for the bike accident can’t be agreed upon, your solicitor could ask any witnesses for a statement of what they saw.
- Police reports: If your accident was serious and the emergency services attended, their investigation reports might be requested to show what happened.
- Medical records: As a cyclist, you should always seek treatment from a medical professional for any injuries caused by a road accident. If you attended A&E, a minor injuries unit or your local GP practice, you could request copies of your medical notes and any x-rays to help prove the severity of your injuries.
- Photographic proof: If you’re able to do so, you should try to capture the scene of the bicycle accident on your phone. The best time to do this is before anything is moved if it is safe to do so.
- Dashcam footage: Where your accident was recorded on a car dashcam, you should ask the driver to send you a copy. Also, helmet cam footage or CCTV camera footage could be useful.
- The defendant’s details: As with any type of road traffic accident, you should ask anyone else who was involved for their details. You should collect their contact details, insurance policy details, information about their vehicle (colour, make and model) and the registration number.
If you would like us to look through your poof you may already have acquired during a no-obligation review of your claim, please call an advisor today.
Should I Report My Cycling Accident to the Police?
If another vehicle was involved in your bicycle accident, you should report the incident to the police as soon as possible. This can be done in person to an officer or at a police station. When you’re finished, ask for the police reference number as this might be needed if claiming against a motor insurance policy.
What Is the Time Limit to Make a Cycling Injury Claim?
As you may know, personal injury claims have a 3-year limitation period. According to the Limitation Act 1980, your claim can be statute-barred if you take action too late. The time limit for cycling injury claims will usually begin from the date of the accident.
There are some benefits to beginning your claim early, though. They include:
- You’ll find it easier to recall what happened.
- Your solicitor will have plenty of time to collect evidence to support your case.
- There may be the chance of an interim payment to pay for private medical treatment.
What If My Child or Vulnerable Adult Was Injured in a Bicycle Accident?
An exception to the 3-year rule is where a child is injured in a bicycle accident. In this case, parents or guardians could apply as a litigation friend to represent their child and make a claim at any point before their 18th birthday. If a claim hasn’t been made by that time, the child will have 3-years to claim themselves when they become an adult.
For vulnerable adults who lack the mental capacity to handle their own cycling injury claim, the 3-year limitation period is paused indefinitely under the Mental Capacity Act 2005. If they regain capacity, the time limit will start from the date this happens.
To check how long you’ve got left to claim, please contact an advisor today.
How Much Compensation for a Cycling Accident Can I Claim?
Any compensation paid for a bike accident is designed to help you to recover from your injuries, as much as you can, and to cover any financial impact your accident has caused. If you decide to make a cycling injury claim, your settlement could be based on:
- Any pain, suffering and loss of amenity your injuries have caused.
- The cost of a carer or a family member who has been looking after you.
- Travel expenses.
- The cost of replacing any personal property damaged in the accident.
- Any modifications to your home or vehicle that will make it easier for you to cope with your injuries.
If you decide to make a cycling injury compensation claim with us, your solicitor will review your case thoroughly to ensure everything is included in your claim.
Can I Claim for Loss of Earnings Due to My Cycling Injuries?
Any earnings you’ve lost as the result of a bicycle accident could be claimed back. The amount you’ll be paid is based on the amount of earnings you’ve lost less any sick pay you received.
Payslips, bank statements or business accounts can all be used to help prove the extent of your lost earnings.
Will I Need a Solicitor to Claim Cycling Accident Compensation?
You’re not required to use a solicitor to pursue cycling accident compensation, but having one may improve your chances of a successful outcome.
There’s no use denying it, solicitor’s fees and expenses can be costly during personal injury claims. We understand that no one wants to pay these fees if they lose their case. For that reason, our solicitors provide a No Win, No Fee service for any claim they work on.
As you can imagine, our solicitors don’t want to lose money either so they’ll only take on cases with a reasonable chance of success.
If your case is accepted, you’ll receive a Conditional Fee Agreement (CFA) to fund your solicitor’s work. This contract will show you what will happen during the claims process and when you’ll need to pay the solicitor for their work. Read more on how CFA’s work for personal injury claims.
Essentially, solicitor’s fees do not need to be paid if you do not receive a compensation payment. Also, you don’t need to pay them in advance either. Instead, you’ll pay a success fee if your claim is won.
The success fee you’ll pay is detailed in your CFA. It is a percentage of any compensation you receive. Legally, to prevent overcharging, success fees are limited to 25% of any settlement when using a CFA.
To see if one of our solicitors could represent you on a No Win, No Fee basis, please call today.
Cycling Injury Claims Frequently Asked Questions
Can I Claim Compensation for Psychological Distress After a Bicycle Accident?
It’s quite common for those injured in bike accidents to suffer mental harm caused by conditions like distress, depression or Post-Traumatic Stress Disorder claims (PTSD). This can have a huge impact on their ability to function properly.
As such, any psychological suffering caused by a bicycle accident might be considered in any subsequent cycling injury claim.
Can I Claim for Ongoing Medical Costs Due to My Cycling Accident?
Some cycling may require treatment for many months or years after the accident. If this treatment leaves you out of pocket, the costs could be added to the value of your claim. As such, you could claim for private hospital treatment, care costs, plastic surgery or physiotherapy, for instance.
What Happens If the Other Party Cannot Be Identified or Was Uninsured?
It is possible to claim compensation for injuries in a cycling accident caused by a hit-and-run driver. In some cases, they might leave the scene deliberately but in others, they simply might not be aware that they’ve hit your bike.
If the driver cannot be identified (or if they are uninsured), you could claim through the Motor Insurers Bureau (MIB). This is a scheme set up by the insurance industry and is paid for through a levy on insurance policies.
We can help with claims through the MIB scheme so please get in touch if you’d like to know more.
What If I Wasn’t Wearing a Cycle Helmet?
In the UK, you could still make a cycling accident claim even if you weren’t wearing a helmet at the time the accident happened. The absence of a helmet does not automatically prevent you from seeking compensation.
Personal injury claims are determined based on various factors, including liability and negligence. If another party was at fault for the accident, such as a negligent driver, you may still have grounds for a claim.
However, not wearing a helmet might be considered a contributory factor to your injuries, which could affect the amount of compensation awarded.
Start a Cycling Injury Compensation Claim Today
We do hope this article has been helpful. If you have now decided to take action, why not get in touch on 0800 652 1345? There’s nothing to lose by calling because, whatever happens, you’ll receive free legal advice and a free case review.
If your case is accepted, we’ll appoint a No Win, No Fee solicitor from our team to represent you. So that you don’t need to deal with complex medical or legal questions, they’ll handle all communication for you. You’ll be kept up to date throughout the claims process with regular updates and your solicitor will do all they can to try and secure the highest possible compensation payment for you.
Thanks for reading our article on bike accidents and cycling injury compensation claims. If you would like to know anything else about the claims process, please use live chat to contact us or arrange a free consultation here.
