Cycling Accident Compensation – Claim For Your Injuries

34 questions have been answered below, why not ask your own?

We’re seeing more and more cycling accident claims every year. In 2016 over 18,000 cyclists were killed or injured in reported road accidents [source: rospa]. Over 40% of cyclists suffer head or arm injuries, around 25% suffer leg injuries and 5% chest and abdomen injuries. Getting knocked off your bike can be a life-changing event, particularly if your future care has to be funded indefinitely.

If you’re not insured as a cyclist you may think there’s nowhere you can turn for help. That’s where we come in. As well as being experts in personal injury compensation we also have some keen cyclists here and you can be sure you will be in safe hands throughout. Whether you’re a commuter, leisure or competitive cyclist, if you are injured as a result of a bike accident which was not your fault, we can help.

The types of cycle accidents we usually claim for include:

  • Being knocked off your bike by a car, van, lorry, bus or motorbike
  • Accidents due to pedestrians
  • Losing control after hitting a pothole, drain or uneven road surface
  • Hit and run and uninsured driver accidents

Am I eligible to make a cycle accident claim?

To make a successful claim your accident has to be someone else’s fault, resulted in medical treatment, and happened in the last three years (unless you’re under 18). Given that cycling is seen as a dangerous activity, cyclists need to protect themselves as much as possible and be able to demonstrate that they wore the right protection – for example, not wearing a helmet could affect your case.

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?

The second question is: Do I know who caused the accident and do I have their details?

If another driver has caused the accident, you are likely to be able to pursue a claim against the insurers of the vehicle 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 claim. Witness statements and photographs can provide good evidence to support your claim, if they are possible to get.

If you don’t know the identity of the liable party, then you should report the incident to the police. In the case of a hit and run accident, an injured cyclist may still be able to recover compensation through the Motor Insurers’ Bureau, who compensate victims of untraced and uninsured drivers.

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 the matter to the relevant highways department of the local authority responsible for the maintenance of the area.

Thirdly: 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 haven’t yet sought medical treatment from your GP or hospital, your injuries may still present symptoms that your GP can diagnose.

How much injury compensation will I receive?

Every compensation claim is different. However, there are guidelines issued by the courts for solicitors. All our solicitors are experts in handling accident compensation claims and know how to use these guidelines to ensure you receive the right amount of compensation for your injuries. You will be advised once initial evidence has been collected as to the likely level of compensation.

In addition to the award for your injuries, you will also receive compensation for all other losses and expenses reasonably incurred as a result of the cycle accident. Your expert solicitor will advise you what expenses you can claim but these are likely to include some or all of the following:

  • Replacement bicycle or the cost of repairs to your bicycle
  • Damaged clothing
  • Lost earnings if you have been away from work as a result of the accident
  • Treatment for your injuries
  • Miscellaneous expenses (bus fares, painkillers etc)

If you have any questions about whether or not your accident scenario warrants a claim, 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 clients claim compensation for cycling accidents and we’d love to help you, too

34 questions have been answered below, why not ask your own?

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Questions & Answers

  • Claire

    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?

    Reply
    • 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.

      Reply
  • Jerry

    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?

    Reply
    • 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
  • Sophie

    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

    Reply
    • 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.

      Reply
      • 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

        Reply
        • 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.

          Reply
  • Barry

    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.

    Reply
    • Ian Morris

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

      Reply
      • 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.

        Reply
        • 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.

          Reply
  • Stuart

    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

    Reply
    • 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 coronavirus situation and the risks to health posed by that issue.

      Reply
  • David

    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.

    Reply
    • Ian Morris

      Please call us or let us know a good time to call you as 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.

      Reply
  • Greg

    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.

    Reply
    • 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
  • Amanda

    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?

    Reply
    • 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
  • Jayne

    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?

    Reply
    • Ian Morris

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

      Reply
  • Raheem

    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?

    Reply
    • 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
  • MD

    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.

    Reply
    • 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
  • Toni

    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.

    Reply
    • 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
  • david

    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.

    Reply
    • 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
  • Philip

    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?

    Reply
    • 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
  • Oli pirie

    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

    Reply
    • 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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