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?
In order to have a valid cycling accident claim and receive compensation for your injuries, you’ll need to consider three main factors:
- Fault and Liability: Assess whether the accident was someone else’s fault. If another party is responsible for the accident, you likely have grounds for a claim. 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.
- Medical Treatment: Successful claims often require evidence of medical treatment. If you’ve sought medical attention for your injuries, it strengthens your case.
- Time Frame: In most cases, claims must be made within three years of the accident. Exceptions apply if the injured party is under 18.
In summary, 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.
It’s important to know that you could still claim even if the other party was uninsured or left the scene in a hit and run accident.
How much injury compensation will I receive?
Cycling accidents can result in various damages, and understanding what you can recover is crucial in order to maximise your compensation settlement. 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 you can claim for, but these are likely to include some or all of the following:
- Medical Expenses: Costs related to your injuries, including hospital bills, medication, and rehabilitation.
- Lost earnings: Compensation may cover income lost due to time away from work during recovery.
- Property Damage: If your bicycle or other personal property was damaged, the cost of repair or replacement may be included.
- Pain and Suffering: Non-economic damages may be awarded for emotional distress and the impact on your quality of life.
Every compensation claim is different. However, there are guidelines issued by the courts for solicitors. All our solicitors are experts in handling cycle accident claims and know how to use these guidelines to ensure you receive the right amount of compensation for your injuries.
Claiming compensation for damage to your bike
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.
- Replacement Costs: If the bicycle is beyond repair, compensation may cover the cost of a new one.
What to do after a cycling accident to protect your rights
After a cycling accident, taking immediate and informed action is crucial to 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 other party’s 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.
By following these steps, you can ensure that your rights are safeguarded throughout the claims process.
How long does a cycling injury claim take?
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.
How much does it cost to make a claim?
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.
Can I get private medical treatment as part of a cycling accident claim?
Understanding the types of treatment and care that may be provided is essential for your recovery. If you require ongoing medical treatment or care you may be able to access specialist services. As part of a cycling accident claim, you may be entitled to:
- Medical Treatment: Coverage for hospital bills, doctor’s appointments, and other necessary medical expenses.
- Rehabilitation: Compensation for rehabilitation services to aid in your recovery.
- Miscellaneous Expenses: Additional costs such as transportation to medical appointments and prescription medications.
Common types of cycling injuries
Cycling accidents can result in a range of injuries, each with its own implications for recovery and compensation. 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.
Common causes of cycling accidents
Most cycling injury claims arise from the following causes of accidents:
- Vehicle Collisions: Accidents involving cars, trucks, and other vehicles.
- Road Hazards: Conditions 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.
What if a road defect or hazard was at fault?
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.
How to prove liability in a cycling accident claim
Establishing liability is a critical aspect of a successful cycling accident claim. To prove that you were not at fault for your accident, consider the following:
- Gather Evidence: Collect witness statements, photographs, and any other relevant evidence.
- Police Reports: Obtain a copy of the police report if one was filed at the scene of the accident.
- Expert Testimony: In some cases, expert testimony may be used to establish liability.
Can I claim if the other vehicle didn’t stop?
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.
What happens if you were partially at fault for the accident?
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.
Will I have to go to court?
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.
Do I need to use a solicitor?
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.
If you have any questions about whether or not your cycling accident means you can make 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.
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