Cycle Accident Injury Claims – How To Get Compensation For Your Injuries

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Quick Answer: Cycling accident claims can be made successfully if your injuries were due to someone else’s negligence. A “no win no fee” personal injury claim will award cyclists compensation for injuries and costs or losses caused.

Key Takeaways:

  • Legal Protections: Laws safeguard cyclists’ rights to seek compensation for injuries.
  • Fault Determination: Establishing fault is pivotal in determining liability for compensation.
  • Eligibility Criteria: Injuries, proving negligence and adherence to personal injury claim time limits are key factors in determining eligibility for compensation.
  • Compensation: The final settlement amount will cover the extent of any pain and suffering, medical expenses, loss of earnings and more.

Did you know?

According to government statistics, between the years 2016 and 2021 an average of 2 cyclists died and 84 were seriously injured per week in reported road casualties.

Am I Eligible to Make a Cycling Accident Claim?

To be eligible for compensation after a cycle accident, the injured cyclist must meet certain criteria:

  • Fault and Liability: Assess whether the accident was someone else’s fault. If another party is responsible for the accident such as a car driver or disrepaired road/cycle route surfaces, you have viable grounds for a claim. Clearly, there would be no claim if your cycling accident was your own fault if you are cycling around in a dangerous manner or ignoring the highway code.
  • Medical Treatment: The prospect of success in a cycling accident claim will greatly improve if evidence of medical treatment is available. If you’ve sought medical attention for your injuries, it strengthens your case.
  • Time Frame: Claims must be made within three years of the accident in most cases. Exceptions apply if the injured party was under 18 at the time of their accident.

Most cycling injury claims arise from the following causes of accidents:

  • Vehicle Collisions: Accidents involving cars, trucks, and other vehicles.
  • Road Hazards: Highway disrepair, such as potholes, uneven surfaces, or debris.
  • Pedestrian Collisions: People or animals walking out into the road.
  • Distracted Driving: Drivers not paying attention to cyclists on the road or failing to follow the highway code and afford cyclists sufficient space to ride safely.

It’s important to know that if you have been knocked from your bicycle by a car or vehicle driver, you could still claim even if the other party was uninsured or if they left the scene in a hit and run accident without you having been able to obtain their details. You can even claim if the accident was partly your fault.

How to Prove Liability

Establishing liability is a critical aspect in successful cycling accident claims. To prove that you were not at fault for your accident, we will consider the following:

  • Gather Evidence: We’ll seek to collect witness statements, photographs, video or cctv footage of your accident along withs any other relevant supporting evidence.
  • Police Reports: Obtain a crime or incident reference number so that we can access a copy of the police report regarding the incident.
  • Expert Testimony: Witness testimony from medical experts or accident site investigations may be used to establish liability & support your claim.

What Compensation Covers for Injured Cyclists

Cycling accidents can result in various injuries and property damage. In many cases, cyclists injured in accidents can sustain very serious injuries with long term consequences. Understanding what you can recover if you succeed with your claim is crucial in order to maximise your compensation settlement if you win your claim. In addition to any compensation awarded for your injuries, you can also receive compensation for other financial losses and expenses reasonably incurred as a result of the cycle accident and any injuries sustained. Our expert Solicitors will advise you as to what losses or costs you can claim for, but these are likely to include some or all of the following:

  • Medical Expenses: Compensation for any medical treatment related to injuries sustained in the accident, including private medical bills, rehabilitation costs, and ongoing medical care.
  • Lost Earnings: Reimbursement for income lost due to inability to work following the accident. This will also include potential future earnings caused by long-term or permanent injuries.
  • Pain and Suffering: Compensation for the physical pain, emotional distress, and psychological trauma caused to you by the accident.
  • Travel Expenses: Recovery of expenses for transportation costs incurred for medical appointments or treatments related to the accident.
  • Care Claim: Compensation for assistance required during recovery, whether from professional caregivers or family members.

The amount of compensation awarded to successful cycling accident compensation claimants varies in each case. Settlement values are based on factors such as the severity of injuries sustained, the impact that any injuries have on daily life, and the financial losses incurred as a result of the accident.

Every compensation claim is different and we’ll ensure that the specifics of your situation are noted and included within your claim and any negotiations around settlement. However, there are guidelines issued by the courts for Solicitors and defendants to consider. All of our Solicitors are experts in handling cycle accident claims and know how to use these guidelines to ensure that you receive the right and appropriate amount of compensation for your injuries and expenses.

Common types of injury you can claim for

Cycling accidents can result in a range of injuries, each with its own implications for recovery and compensation settlement. Common types of cycling injuries include:

Accessing private medical treatment as part of your claim

If you require ongoing medical treatment or care you may be able to access specialist services. Some of these treatments will only be available privately. As part of a cycling accident claim, you may be entitled to:

  • Medical Treatment: Costs to cover private hospital bills, private Doctor, physiotherapist or other Hospital appointments, and other necessary medical expenses.
  • Rehabilitation: Compensation to cover costs for rehabilitation services that may aid in your recovery.
  • Miscellaneous Expenses: Additional costs such as transportation to medical appointments and prescription medications.

Claiming compensation for damage to your bike or bike equipment

Your bicycle is not just a means of transportation; it’s an investment. If your bicycle has been damaged in a cycling accident, compensation is possible and may cover:

  • Repair Costs: The expenses incurred to fix the damages to your bicycle and return it to pre-accident condition.
  • Replacement Costs: If the bicycle is beyond repair, compensation may cover the cost of replacing your bike with a like-for-like new one.

Understanding Cyclist Rights After An Accident

Understanding your rights after a cycling accident and what steps you should take can be key to securing compensation for any injuries and losses you have incurred.

  • Legal Protections: Cyclists are considered vulnerable road users and are protected by laws that allow them to seek compensation for injuries sustained in accidents caused by others.
  • Responsibilities: While cyclists have the right to claim compensation for injuries, they also have responsibilities to adhere to the Highway Code, rules of the road and follow safety measures.
  • Negligence Proof: To successfully claim compensation, cyclists must prove that another party was negligent and that this negligence directly caused the accident and subsequent injuries. This requirement underscores the importance of gathering evidence to support the claim and demonstrate the other party’s fault.
  • Contributory Negligence: In some cases, cyclists may also need to consider contributory negligence, where their actions may have contributed to the accident.

What to do after a cycling accident to protect your rights

After a cycling accident, taking immediate and informed action will protect your rights. To give your claim the best chance of success, follow these steps:

  • Gather Essential Details: Collect information about the accident, including the details of any other party’s involvement in the accident – including contact details, eyewitness accounts, and photos of the scene.
  • Report the Incident: Notify the police and your insurance company (if insured) as soon as possible, providing a detailed account of the accident.
  • Seek Medical Attention: Even if injuries seem minor, seek medical attention promptly. Medical records strengthen your compensation claim.

No Win No Fee for Cyclists: A Financial Safety Net

Cyclists who have been involved in accidents caused by the negligence of others will benefit from the option of pursuing their claim for compensation through a No Win No Fee agreement. Instructing a Solicitor on a No Win No Fee basis serves as a valuable financial safety net for cyclists seeking rightful compensation. Here’s how it works:

  • Definition: A No Win No Fee agreement, also known as a conditional fee agreement, allows cyclists to pursue compensation claims without incurring upfront legal costs and if their case is unsuccessful, the claimant does not have to pay any legal fees or costs whatsoever.
  • Financial Security: Opting for a No Win No Fee agreement provides financial security to cyclists seeking compensation for injuries. This arrangement eliminates the risk of bearing legal expenses in case the claim is unsuccessful.
  • Success Fee: In successful cases, the majority of any legal costs will be paid by the defendant insurers. However, the claimant is required to contribute from their settlement. As such, a limited success fee may be deducted from your settlement by the Solicitor representing the cyclist. This fee is typically a percentage of the compensation awarded for general damages and past losses, ensuring that the claimant retains a significant portion of their compensation.
  • Expert Legal Assistance: Solicitors specialising in cycling accident claims offer expert guidance and representation under a No Win No Fee agreement. This support helps cyclists navigate the complexities of the claims process and enhances their chances of securing fair compensation for their injuries and losses.

The Claims Process: A Step-by-Step Guide

Successfully navigating the claims process for cycle accident injury compensation requires a systematic & specialist approach to ensure a successful outcome.

  1. Immediate Actions: Following a cycle accident, prioritise your safety and well-being by seeking medical attention promptly. Report the accident to the police to document the incident and gather essential information.
  2. Evidence Collection: Collecting evidence is crucial in substantiating your claim. This includes preserving any physical evidence from the scene, obtaining witness statements, securing medical records detailing your injuries, and taking photographs of the accident site and your injuries.
  3. Legal Consultation: Seeking advice from a personal injury Solicitor experienced in handling cycle accident claims is highly recommended. Our Solicitors specialise in these claim types and can assess the strength of your case, guide you through the legal process, and advocate on your behalf to secure fair compensation.
  4. Claim Filing: Our Solicitor will take care of everything for you in preparing and filing your compensation claim. This involves compiling all relevant documentation, such as medical records, witness statements, and evidence of financial losses incurred due to the accident.
  5. Negotiations and Settlements: Our Solicitor will engage in negotiations with the insurance company representing the at-fault party on your behalf in a bid to reach a settlement that adequately compensates you for your injuries and losses. This negotiation process may involve back-and-forth discussions to achieve a fair resolution.
  6. Court Proceedings: Your claim may proceed to court in cases where a settlement cannot be reached through negotiations. Your Solicitor will represent you in any court proceedings, presenting evidence and arguments to support your claim and seek appropriate compensation for your injuries.

Tips for a Successful Claim

To enhance the likelihood of a successful compensation claim after your cycle accident, consider these key tips:

  • Thorough Documentation: Maintain detailed records of all accident-related expenses, medical treatments received, and any other relevant information that supports your claim.
  • Honesty and Accuracy: Provide truthful and accurate information throughout the claims process to ensure transparency and credibility.
  • Legal Representation: Instruct an experienced personal injury Solicitor who specialises in cycle accident claims to ensure that you can safely navigate the legal complexities of the process and to have effective support advocating on your behalf.
  • Timely Action: Adhere to statutory time limits for initiating compensation claims to avoid potential complications or loss of eligibility.
  • Stay Informed: Keep abreast of developments in your claim and maintain open communication with your Solicitor to address any concerns or queries promptly. With the help of our team and our specialist Solicitors, we’ll ensure that you are always able to get updates or seek help and support with your claim.

Frequently Asked Questions

Start Your Cycling Accident Claim

Being thrown or knocked off a bike can be a life-changing event, particularly if the injuries sustained are serious and if future care costs has to be funded – possibly indefinitely. If you’re injured as a result of a cycle accident, you may be considering claiming compensation. This is where our expertise and knowledge comes to the fore.

As well as extensive expertise in securing cycling injury compensation, we also have some keen cyclists amongst our team here at Direct2Compensation. With us, you can be sure you will be in safe hands throughout the claims process. Whether you’re a commuter cyclist, a leisure rider or even a competitive cyclist, if you are injured as a result of a bike accident which was not your fault, we can help.

With our expert team, you can expect:

  1. Maximum Compensation: By recovering losses and payment for your injuries, we strive to ensure you are rightfully compensated.
  2. A Swift Recovery: We’ll get you back on your bike faster with medical assistance and physiotherapy tailored to your needs.
  3. A Smooth Process: Keeping you informed at every step, we provide clear advice, guidance, and a straightforward communication approach.

If you have any questions about whether or not your cycling accident enables you to make a claim for compensation, please call our team on 01225 430285, or if you prefer, we can call you back. We know your rights and can help you to understand them. We’ve successfully helped many cyclists claim injury compensation and we’d love to help you too.

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Comments & Questions

Read on for questions and advice about claiming, plus cycle accident claim examples...

My partner was hit off his electric bike, the lady left when ambulance turned up and before police arrived, he was unconscious so didn’t get no details neither did ambulance men as they thought that she was a passer by that had stopped. He was in the local hospital for 3 days after having an emergency operation to put pins & plates in the leg & ankle, and was then transferred to another hospital 1hour & half away to have a skin graft (2 skin grafts infact). They were kept in that hospital for 16 days before being allowed home (total hospital stays 3 week, in surgery for over 48 hours in total) with total bed rest (on ssp from work)

They have put in a no win no fee claim and 4 months later the lady was found. It was a company car that she was driving. She isn’t accepting liability and is saying it was my partner’s fault (although it wasn’t as she turned right into their lane- to which she admitted turning right) but the company that she works for is investigating it and have offered to pay for private physio.

What does that mean regarding the claim? Is the company accepting liability even though the lady that was driving isn’t? I’m so confused!

Ian Morris

The offer to pay for private physiotherapy cannot be seen as an admission of liability, but it does indicate that they consider themselves to have a liability. I would suggest that this should be seen as good news in terms of your claim.

Amy

OK thank u so much for your reply

Reply

I came off my bike when I cycled on a council pathway which had super slippy tiles – I attended the hospital and five weeks later my knee and elbow are still painful – can I make a claim against the council?

Ian Morris

If we can demonstrate that the tiles are unsuitable and that the local authority knew or should have known that they were placing users of the pathway at risk of injury, you may be able to pursue a claim for personal injury compensation.

Do you know if any other users have suffered accidents similar to yours? If you have photographs or video footage of the accident site, please forward to us with your contact number to: justice@direct2compensation.co.uk so that we can review this and advise you further.

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Hi,
I had a serious road accident in late “2018”, I was hit by a car while riding my push bike, my lower leg got broken, fixed with rod, slate & pins. I was on crutches for over 6 month, still can’t work properly after 2 years, the police came to me thereafter (about 3 days after the accident) but I couldn’t speak with him, my ex tried to explain what she can to her own understanding but to my surprise, I got response from the police that the driver isn’t at fault. It was a serious accident that took me almost 8 months to remember how it all happened after going to the scene of the accident several times, I’m 100% sure it wasn’t my fault but I was told by a friend that I can’t make any claim as the case would have been closed by the police.
My question: Am I still eligible to make a claim (the accident happened on the 30th of sept 2018) even though I’ve lost most of the document reports?

Ian Morris

If you were over 18 years of age at the time of the accident, you have 3 years to make a claim and would now have just under 5 months to act. If you haven’t already made a claim, we would be happy to look in to this for you.

Reply

Good afternoon,

I was knocked of my Bicycle two weeks ago by a car turning right. I was in a cycle lane.
I took the amount offered by the insurance (there car insurance- admiral) for £3209.
This was for my bike £900, air pods £259 and two weeks off work. I think I took the claim to early (1 week after the crash I had the money in my account) now two weeks on im still in pain with my legs I’m going to start physio next week but I still can’t work. Can I go back and claim again? I haven’t signed any documents I just agreed the amount over the phone.

Thank you

Ian Morris

As you have agreed settlement and accepted a sum to your account, the defendant will be deemed to have settled their liabilities in full and you can’t now return for further and more appropriate damages.

Although you don’t need a Solicitor to claim compensation, your situation demonstrates why instructing a specialist Solicitor to act is a very sensible move. Although you would not have had settlement yet, a Solicitor would have ensured that your losses were appropriately accounted for and would have ensured a far higher settlement was obtained.

Sophie

Thank you for the reply. I’ve never claimed before and they put thoughts in my head and said getting a Solicitor was a bad idea as it could take a year.
So there is nothing more I could do ?

Thank you
Sophie

Ian Morris

Our Solicitors were of the view that further action could be taken – but that it would be important to allow a few weeks to pass to see how the injury situation was. If the injuries persist, it would be possible to hold the defendant insurers liable for further damages.

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Hi there. I was involved in an accident while walking to work. I’d parked in the staff car park and was hit by a cyclist (who was on the path) just before I crossed the road en route to my office, which is just opposite. I suffered a traumatic brain injury as a result. Would this be covered or not? Thanks.

Ian Morris

Do you have the details of the cyclist? Were the police involved in this matter?

Barry

Hi. The police are involved but say they have not managed to trace the cyclist yet – who was taken to A&E at the same time as me. I received a letter from the police last week informing they have not been able to trace. I am questioning why. I also have a the details of a witness (dog walker) who saw the entire thing.
Thanks.

Ian Morris

As the Police have been involved, there is merit in investigating this matter further and seeking consideration of the claim by one of our specialist Solicitors.

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I came off my bicycle whilst riding home from work. I hit a lump going around a corner on a new cycle path which resulted in me coming off my seat and then losing control of my bike. I fell off, injuring both index fingers, a big scrape down the from of my leg which has been uncomfortable to walk on with socks, lump on my shiny and bruising to my forearm. My bike is also damaged, the pedal is bent, brake leaver is bent and also a buckled wheel. Also cosmetic damage to the bike. I took pictures of both the lump and my injuries, although I haven’t sought medical treatment for my injuries, just a first aid treatment at my workplace. Does it seem possible I can claim against this as my bike was damaged as a result? Thanks

Ian Morris

This is certainly a matter we would like to look in to for you. Of course, without seeing the photographs of the lump that caused you to lose control and fall from your bicycle, we cannot be certain as to whether or not you could claim, so we do need to see these images.

However, essentially, if we can demonstrate that the lump is hazardous and should not be in situ or should be marked clearly and is not, we may well be able to recover compensation for your physical injuries and importantly for the repair costs to return your bike to its pre-accident condition.

The fact that you have not been to Hospital is understandable given the current situation and the risks to health posed by that issue.

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Hi I’m just back from Edinburgh western hospital and am in agony.
Having broken my collerbone and several bruises. I was cycling in Leith from Easter rd to the jobs stadium there is a cycle path with a massive bump which sent me flying.

Ian Morris

You may well have a valid claim. Ideally, we would like to see some photographs of the lump that threw you from your bicycle. If you have any, or can obtain some, please email them to me along with your contact number to ian@direct2compensation.co.uk and I’ll look in to this for you.

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Mountain bike slid out from underneath me on a main town road. The surface is made of black granite looking blocks which is mostly wet year round. I had to evade an oncoming car and think I slipped on a steel grate. Resulting in suspect broken ribs on front and back chest area. I attended miu and was prescribed Co codamol. The following week my gp signed me off work for a week.

Ian Morris

Sadly, despite your injuries, damage to your bicycle and the time you had to take off work, we don’t believe you have a valid claim on this occasion.

Reply

CCTV image used in evidence to support my solicitor against a third party who was driving a car and knocked me off my bicycle are said to be unclear. I have seen the CCTV and to me it’s obvious who the at fault party is. However, my solicitor is saying that the footage is not clear enough and that they are trying to work out where I am positioned on the road! How can they be so blunt when it’s obvious? Where they got the CCTV from, the manager said had viewed it and said that the third party has no leg to stand on! That’s how we feel, do solicitors look into more things and not tell you?

Ian Morris

Your Solicitor will ensure that any possibility to demonstrate that you are innocent and that the negligence rests with the 3rd party vehicle driver is taken. However, your Solicitor is obliged to be completely honest with you – even if that honesty sometimes leaves you feeling disappointment and distress. Of course, your view of the CCTV footage will be a biased one. However, whilst evidence can sometimes seem clear and strong, it can open up ambiguity that a defendant may leap on.

In your case, has your Solicitor obtained any witness statements from the manager of the venue that provided the CCTV footage? Perhaps that could be of help. Also, could you return to the accident site and position yourself in the location that you were knocked from the bike – in the company of your Solicitor? Perhaps you could then obtain photographs and CCTV footage showing you standing in position to be viewed alongside the accident CCTV footage, thus proving that you were in a legitimate location when you were hit?

Reply

My local cycle path had barricades for excavation work and rubber mats were laid down to pass over a grassed area to the side, on a wet day the mats were slippery causing me to come off my bike resulting in many injuries including stitches. An independent solicitor firm which is NOT a no win no fee, has informed me they are not pursuing my claim further. It got to litigation, as a judge will decide that as i passed over it the day before and was ok, then the mats are fine. But that was from a different direction on a dry day at a different angle and the mats x6 size is much bigger than my wheel tread. I am also aware that the company who were carrying out the excavations were not aware it was also a cycle path as well as a pedestrian walkway. There were no signs to say cyclist dismount either. Does this sound like a correct outcome?

Ian Morris

Do you have photographic evidence of the mats and lack of signage to warn cyclists to dismount?

Reply

Was involved in an accident where I was on a bike and the other party was to blame and accepted it, but it hasn’t been settled, it has been ongoing for the 3rd year now is that normal?

Ian Morris

Do you have a specialist Solicitor representing you in your claim? Whilst the majority of personal injury claims will be settled within 18 months, it is not uncommon for cases to take longer. In your case, you need to find out why there is the delay in this matter. If liability is admitted, then it is likely that the delay arises from the medical situation at the heart of the claim and agreement on the longer term consequences of the same.

Reply

Hi, I’m just curious. My son had an accident while at work but the accident happened outside work. He’s been asked by his boss to buy food outside. He uses his bike to buy the food, but unfortunately the bike broke and that causes him getting hurt. He broke one of his finger and now subject to surgery to fix it.
Can my son get an injury compensation from his work or not? Though, he is just in probationary period at his job.

Ian Morris

If the bicycle belongs to the employer, there could be a valid claim to be pursued against the employer. If the cycle is owned by your Son, he would not be able to hold his employer liable for the injury to his finger caused in this incident.

Reply

Outside my workplace there is a company a couple of doors down having works done and there was a long yellow hose trailing past my workplace. Most of the hose was in the groove in the road and there was 1 small cone (about half the size of a regular traffic cone) placed on the groove above the hose. I left work on my bicycle and rode past the hose which went all the way down the road. I went to ride across the hose but the part I rode across had come out of the groove and was loose on the rode. I didn’t realise until I went to ride over it that it was going to move and it threw me off my bike.

My manager came out and took photos of the area and my injuries. There is also cctv footage. Xrays done at the hospital confirmed both a dislocated elbow and multiple fractures for which I have had surgery to repair the ligaments and for a replacement radial head. I will be in a cast for 6 weeks, may never get full movement back, will have to have the joint replaced every 10 years and have two 3 inch long scars down my arm. The surgeon has said my elbow will always feel different to the other one, I am likely to get arthritis in that arm and I am no longer going to be able to do heavy lifting. 5lbs will be the maximum I can lift.

This injury will affect me for the rest of my life and I will never feel confident to ever ride a bicycle again. It was how I get to work though as buses are expensive and unreliable. My manager doesn’t think I would be entitled to compensation as there was a small cone nearby that I rode past. There were no signs though. He thinks it’s my fault for riding over it and should have walked my bike to the end of the road. The pipe was only the size of a regular hose pipe though so u wouldn’t expect a small bump like that would have thrown me off. There are bigger bumps in the cycle path on the way home so didn’t think riding over that would have been a problem. I feel the reason it moved though as I rode over it was because it wasn’t in the groove like the rest of the pipe was though. But have they covered themselves with the small cone.

Ian Morris

We are of the view that you do have a valid claim and look forward to pursing this matter for you. In the meantime our article on broken bone claims might give you some useful info.

Reply

Hi, firstly thank you for presenting such a customer focused and friendly impression, it does much to restore faith in the legal profession. I was wondering if there was a cheaper (i.e. pay less than 25% of award on the “no win no fee ” scheme) way of making a ‘sure fire win’ claim where the guilty party admits liability to the police, the police intend to prosecute for driving without due care and there are creditable witnesses.
My scenario i was knocked off my cycle by a car driver who ‘didn’t see me’ suffered fractured ribs, punctured lung and 2 weeks later still on a walking stick. My claim has to win, why should i pay so high for a risk that doesn’t exist in this particular case. Thanks.

Ian Morris

Thank you for your positive feedback regarding our site. We’ve worked hard to make Direct2Compensation a truly useful resource to people needing to make a claim for personal injury compensation.

The accident scenario you describe would certainly appear to be a ‘good’ claim with strong prospects of succeeding.

The 25% deduction issue that you have raised is something that Solicitors regret having to do. The need to take a deduction was forced upon the claimant sector of the personal injury claims market by the Governments introduction of the LASPO Act 2012 that prevented successful claimants from being able to recover the full cost of their Solicitors fees from the liable defendants as they had previously been able to do. Therefore, the only viable way that a Solicitor can act on a No Win No Fee basis is to HAVE to deduct an element of settlement in successful cases.

However, whilst the 25% is a requirement, a Solicitor will look at each case on an individual basis and if it is felt that a certain claim were to have extremely high prospects of succeeding and the amount of work required to achieve that successful outcome were limited, it is likely that a Solicitor would be willing to reduce the % deduction somewhat.

Reply

I broke my hip while at work while on a bicycle. The company I work for were fine and paid me while I was off. However it looks like my long term prognosis may mean I can’t pursue other jobs, limiting my career choices. The company had a clear health and safety policy. My query is if they would be liable for long term injuries and physical limitations despite this?

Ian Morris

Your employer will only be liable for your long term situation and physical limitations if they were liable for the initial cause of the accident. As you were riding a bicycle, you could hold the employer liable if the bicycle belonged to the employer and was not regularly serviced or repaired. Also, did the employer provide any training for safe cycling?

Reply

When I was 15 (currently 19) I was riding home from school to which a parked car, the driver opened her car down on me to which I had to swerve and go over the top of my handlebars. This caused a broken elbow and 2 operations and 6 months to get straight again. I dont know the driver or have any details as at the time my adrenaline was pumping and I just wanted to go home so didn’t think. Is there anything you can do?
Oli

Ian Morris

Although your accident happened over 4 years ago, you are still within the legal time limit to pursue your claim as the 3-year claim limitation period does not start until you reach the age of 18. In your case, your limitation period will expire when you reach 21 years of age.

As you do not know the details of the car driver or their insurers at all, your only option to pursue any claim would be via the Motor Insurers ‘Untraced Driver’ claim scheme. The Motor Insurers Bureau (MIB) is funded by deductions from car insurance premiums and is set up to compensate the victims of uninsured or untraced drivers.

I would not at this stage, advise as to whether or not any claim you may make to the MIB would succeed. Your prospects of success will be higher if the details of your accident were reported to the Police at the time (or soon afterwards) and if there are any witnesses available to support your description of the incident.

Reply
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