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:
- Head Injuries: Including concussions and traumatic brain injuries.
- Fractures and Dislocations: Injuries to bones and joints.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons.
- Road Rash: Abrasions and lacerations from contact with the road surface. Commonly leading to face and hand injuries.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
Each claim is different, and while it’s impossible to say how long it will take, our team will ensure your claim is dealt with as efficiently as possible. Understanding the timeline of a cycling injury claim is essential for managing expectations. The duration of a claim can vary based on factors such as:
- Severity of Injuries: Complex injuries may require a more extended recovery period and, consequently, a longer claims process.
- Dispute Resolution: Negotiating a settlement may take time, especially if liability is contested or negotiations are ongoing.
- Legal Proceedings: Although unlikely in most cases, if a settlement isn’t reached the case may go to court, extending the overall duration.
If you’re making a claim with a no win no fee solicitor you’ll pay nothing if you fail to win your claim. If you do win, you contribute around 25% of your compensation towards your legal fees.
In some cases, cycling accidents are caused by road defects or hazards. Understanding the steps to take when the environment contributes to the accident is crucial for pursuing a comprehensive claim. If your cycling accident resulted from a road defect or hazard, be sure to report the issue to the relevant authority and also gather evidence, such as photos, to support your claim.
For example, if you are thrown from your bike after hitting a pothole, you should note the location, ideally take a photograph of the hole and general area, and report it to the local authority responsible for the maintenance of the area.
Hit-and-run incidents can add complexity to a cycling accident case. If the other vehicle involved in the accident didn’t stop or was uninsured, you can still claim compensation through the Motor Insurers’ Bureau, who compensate victims of untraced and uninsured drivers.
To do so, you’ll need to file a police report and provide as much information as possible. It would also be advisable to gather statements from any eyewitnesses who may have seen the incident.
If you’re partly responsible for your cycling accident it’s still possible to claim compensation. In such cases of split liability you are awarded a reduced amount in line with how much you were at fault. For example, if you were 50% to blame you might receive 50% less compensation than if you were not at fault.
It’s unlikely you will have to go to court to receive compensation for a cycling accident. Even if your claim does reach court, you may not need to be there in person.
Sometimes a solicitor will begin legal proceedings on your behalf if the other party denies liability or refuses to talk, but further negotiation often resolves the issue before it gets to court.
On the other hand, a court hearing may be beneficial to maximise your compensation settlement. For example, your solicitor may want to argue for interim payments to be made to help your immediate financial situation.
While it is possible to claim on your own, or through your insurance company, using a specialised no win no fee cycle accident solicitor is a better choice for several reasons:
- Legal Expertise: Our solicitors specialise in personal injury law and can guide you through the claims process.
- Negotiation Skills: They can negotiate with insurers to secure a fair settlement.
- Peace of Mind: Legal representation provides peace of mind, knowing that your case is in capable hands.
- No Financial Risk: Under a no win no fee agreement you’ll pay nothing if you fail to win your claim.
We often hear about insurers taking too much time or de-valuing genuine claims. A specialist solicitor will know exactly what you can claim for, how to overcome denials of liability and how to maximise your compensation.
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:
- Maximum Compensation: By recovering losses and payment for your injuries, we strive to ensure you are rightfully compensated.
- A Swift Recovery: We’ll get you back on your bike faster with medical assistance and physiotherapy tailored to your needs.
- 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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