For those of us that like to cycle, be it on the road or in the mud, we’re all acutely aware that any kind of crash can be a painful incident. But how do you know whether or not the circumstances mean that you can make a claim for personal injury compensation after a cycling accident?
Clearly, if you are cycling around in a crazy manner, jumping on and off pavements, or mountain biking off road and come off, it’s going to be seen as being your own fault. You can’t claim Personal Injury Compensation if an accident was caused by your own actions! Therefore, the first question to ask yourself is: Was someone else responsible for the accident?
If the answer to that is yes, you can move on to the next question as you may have a valid claim for compensation.
The guilty party
The 2nd question you should ask yourself is: Do I know who caused the accident and do I have their details?
If a car driver has caused you to be thrown from your bike, you are likely to be able to pursue a Personal Injury Compensation claim against the insurers of the car in question. Do you have their details? Did they stop and give you their name, registration number or insurance details? Did the police attend the scene of the incident? If you have the vehicle registration details and you are not at fault, you can make a straight forward road traffic accident personal injury compensation claim – provided you were injured of course! If you don’t have the details – if the 3rd party vehicle drove away (hit and run), you can only then pursue a claim if you have reported the matter to the Police (and again been injured!)
The 3rd question is: Were you sufficiently injured to seek medical treatment from a Hospital or your GP?
If you haven’t had medical treatment, it is likely that your injuries will not be seen as sufficiently serious to warrant a claim. If you have been suffering in silence and haven’t seen the GP, you still can. If the GP is happy to note that your injuries are consistent with those suffered in a cycle -V- car Road Traffic Accident, you can then prove your injuries and pursue a claim. Generally speaking, injury symptoms need to last for 4 weeks to meet the minimum criteria needed to pursue a claim.
What you need for cycle accident compensation
To form the basics of a claim, these are the criteria you need to check to see if you can claim:
- Was the accident someone else’s fault? Yes only
- Do you know the identity of the liable party (vehicle registration, driver name etc)
- If not, did you report the incident to the Police (hit & run incidents)
- Have you sought medical treatment from your GP or Hospital?
- If not, are your injuries still presenting symptoms that your GP can diagnose?
What you can claim
If you can answer the above positively, you may well be entitled to pursue a claim for Personal Injury Compensation on a 100% No Win No Fee basis. If you do have a valid bicycle accident compensation claim, our Solicitors will claim for the following on your behalf:
- The pain and distress caused to you by the injuries sustained (the value of the injury element of the claim will be determined by medical evidence and a review of your medical records)
- Associated costs and losses – such as lost income if you are unable to work as a result of the injury or damage to personal items – such as your bicycle and property
- Restrictions on your ability to fulfil your usual activities and social life
- Whether or not you have required any post accident care
If you have any questions about whether or not your accident scenario warrants a claim or if you wish to discuss our No Win No Fee claims process with us, please call us on 01225 430285, or if you prefer, we can call you back.