Cycling Accident Compensation Claims Solicitors
It’s no wonder that there are a growing number of cyclists on UK roads. Especially with so many of us trying to get fit, save money and do our bit for the environment. Unfortunately, cyclists are significantly more vulnerable to personal injury than other types of road users. Hence, cycling accident compensation claims are on the rise.
Cyclists lack the same level of protection if there’s a collision, or a pothole throws them off their bike. We deal with thousands of cycling accident claims every year. Injuries ranging from minor lacerations to life-changing injuries, in fact. Moreover, we aim to make your claim as stress-free as possible.
Common causes of cycling accident compensation claims
Accidents involving cyclists can happen for all sorts of reasons. However, in our experience, the most common causes of cycling accident claims are those set out below.
- For instance, we help you with hit and run road traffic accidents.
- Alternatively, a collision with a car, vehicle or even another cyclist or a pedestrian.
- Vehicle doors opening into the path of an oncoming cyclist.
- Potholes, worn tarmac, raised manhole covers and other defects in the road.
- Any slippery road conditions due to oil spills, ice and snow.
- Injuries relating to faulty bicycle parts or repairs.
- Moreover, any injuries you sustain on a bicycle you rent.
- Finally, we’ll assist with a criminal assault incident whilst on your bike.
Many cyclists don’t realise that with an accident that was someone else’s fault, a cyclist can claim compensation. Whatever the cause of your injuries, our cycling accident claims solicitors can quickly figure out if you have a claim. If you do, they’ll then help you recover the compensation you deserve.
We help with loads of injuries regarding your bicycle accident claim. These can range from broken bones and sprains to any trauma. Plus head injury or other cycling accident injuries you might suffer as a result.
Who do you claim against in cycling accident claims?
Who you can claim against depends on the circumstances of the accident. If a car driver injures you, for example, then you’d bring your claim against the at-fault driver’s insurance company. If it’s from a road pothole, you’d claim against the party responsible for maintaining the road (usually the local authority).
Your solicitor will identify the “Defendant” at the outset of your case and help you make the right claim against the right people. We work with law firms registered in England. They provide years of experience and are authorised and regulated by the Solicitors Regulation Authority (SRA).
Are cycling accident compensation claims easy to prove?
For any claims process regarding cycling accidents, this depends on the evidence. If the Defendant does not admit liability, then your claim may be won or lost based on the witness evidence. Appointing a solicitor is crucial since you will need to gather witness statements before the memories of witnesses fade.
Where the accident happened on a major road or in an urban centre, we can frequently call on CCTV footage to prove how the accident occurred. If you were wearing a helmet camera, then your own footage can serve as evidence.**
But what if video footage is not available, and the Defendant disputes liability? In that case, we can appoint a road traffic reconstruction expert to examine the accident scene. It is important to keep bike and clothing damages available for examination to support your story.
Can I make a claim if I hit a pedestrian?
If the pedestrian negligently caused the incident, for example, by stepping out into the road without looking, then, in theory, you can make a claim against them. The law treats claims against pedestrians in exactly the same way as it treats claims against drivers.
The problems lie in the fact that few if any, pedestrians will carry insurance to protect them against the possibility of being sued. Even if you win your claim, the pedestrian may not be in a financial position to pay your damages. Unfortunately, there is nothing that you can do about that.
What if a negligent driver doesn’t have insurance?
Many cyclists assume if a driver without insurance hits you or flees the scene without leaving details, you can’t make a claim. In fact, this is not the case. The Motor Insurers’ Bureau (MIB) compensates the victims of uninsured or untraced drivers, as long as it can be shown the driver was at fault.
You should report an accident to the police as soon as reasonably possible (preferably within five days). Otherwise, MIB can refuse to deal with your claim. If we discover that the driver has no insurance, we’ll let you know immediately and, with your permission, redirect your claim to the MIB.
Will I need a medical examination to make an injury claim?
Our aim is to negotiate the best possible settlement for you. To help us do this, we will need to obtain a medical report from a doctor who specialises in the type of injuries you have sustained. The purpose of the medical examination to provide evidence of your injuries, their impact on your quality of life, and your prognosis. These are important factors when calculating your compensation.
If you have recovered from your injuries, or it is clear that your injuries will heal on their own over time, you may only need to undergo one medical examination in order to reach a settlement of your claim. If your injuries are much more severe or require further treatment, you may need a medical examination from different specialists as you progress towards recovery.
Many people worry that they will have to travel long distances to attend a medical assessment. At The Compensation Experts, our panel of solicitors has access to medical centres all over the country. Moreover, we’re confident that we can carry out an assessment close to where you live.
Do cycling accident compensation claims have to go to Court?
It is very rare for cycling accident claims to end up in Court. The overwhelming majority of claims settle before the hearing when the Defendant admits liability and makes an offer of settlement.
If the Defendant does not admit liability, or if there is a serious dispute about the amount of compensation, then we will issue legal proceedings on your behalf. The Court will then set a strict timetable for your case, including a date for attending Court and presenting your case before a judge. We will explain the Court procedures to you when we issue proceedings and give you all the support you need.
But even if a court date is set, you may avoid ever going to a hearing. In our experience, simply issuing Court proceedings is enough to prompt a settlement offer by the other side. The Court actively encourages settlement negotiations and will make sure that you have plenty of opportunities to settle your claim.
What is “contributory negligence” in cycling accident claims?
Sometimes, the Court will decide that you, the cyclist, were partly at fault for your injuries. This might happen where, for example, you were riding without a helmet or high visibility clothing, you were riding under the influence of alcohol, or you failed to follow the special rules for cyclists contained within sections 59 to 82 of the Highway Code. If someone is partly to blame for your injuries, they have “contributory negligence.”
Contributory negligence generally leads to a partial reduction in your compensation. For example, if you’re 30% responsible for the accident, then your compensation reduces by 30%.
What is the time limit to make a cycling accident compensation claim?
Court proceedings must begin within three years from the date of your accident. If you miss the deadline, you may lose your right to claim damages from the other side.
The reality is that most cycling accident claims have been in negotiation or have even settled long before the three-year deadline approaches. The majority of claims avoid Court well within the legal time frame, and often before issuance of Court proceedings.
Your solicitor will need to gather the evidence before lodging an official Court action, so it is important that you do not leave your claim until the last minute. A solicitor might avoid your case if you are close to the three-year cut-off point. Plus, if the solicitor believes that there is insufficient time to prepare your claim.
If you are making the claim on behalf of a child, then the claim must be issued within three years of the child’s 18th birthday.
How long do cycling accident compensation claims take?
A straightforward cycling claim often reaches settlement within six months. However, when the party at fault denies liability or your injuries worsen, the claim can take longer to settle.
You can help speed your claim by returning any paperwork to us as soon as possible and providing any information we request in full. It will also help your claim if you keep a full written record of important information regarding the case.
- For example, write down the date, time and place of the accident.
- Contact details of witnesses will also be of use.
- Police reference numbers come in handy as well.
- Where applicable, take down the at-fault driver’s insurance details (if the accident involves another vehicle).
- Finally, take down the date and location of any medical treatment you receive.
How much compensation am I likely to receive?
Compensation awards in cycling accident claims have two components: general and special damages.
With support from our medical experts, we’ll be able to attach a unique amount of compensation to your specific case.
General damages compensate you for the pain and suffering you experience as a result of the injury. The calculation considers the following factors, among others.
- First, the type and seriousness of your injuries
- Next, the degree of pain.
- Additionally, your prognosis, age, life expectancy.
The Courts take the view that you have a right to compensation for both:
- Your injuries, plus;
- Any medical complications that may arise in the future.
The medical report will provide this information and we use the report as a starting point in settlement negotiations.
At this stage, it is impossible to say with certainty how much in general damages you will receive. When we know the full extent of your injuries, then we examine the judicial guidelines. Past cases provide us with a good idea of what your claim should be worth.
As well as compensation for your pain and suffering, you can recover costs and expenses you incur when you’re involved in an accident. This might include:
- Medical treatment costs
- Train and bus fares
- Loss of earnings and bonuses
- Repair or replacement of your bicycle and other personal property
- Help with household chores
- Personal care and assistance
It is important that you keep receipts for any expenses so that we can include these in your claim.
How much do cycling accident claims cost?
So what happens when you hire a solicitor on a “No Win, No Fee” basis (a Conditional Fee Agreement)? In essence, a CFA case revolves around the basis that your solicitor won’t charge you if your claim is unsuccessful. If you win your claim, then your solicitor retains a percentage of your compensation as their “success fee”. However, you should also know that if you terminate the agreement before your claim for damages ends you may be also be liable to pay basic charges including (but not exclusively) disbursements, and barrister’s fees.
The maximum that solicitors can charge as their success fee is 25% of the total compensation amount.
This arrangement passes all the risk of proving your claim onto the legal team. Effectively, a solicitor will take your case only if they believe you have a very good chance of winning.
Have questions about cycling accident claims?
We understand that making a cycling accident claim is confusing. Moreover, there’s just a lot of information to take in as a result of the accident itself. That’s why we offer a free initial consultation. Our dedicated personal injury advisors can answer any questions that you might have.
Additionally, they can tell you whether you are eligible to make a compensation claim.
We can start your claim today. Even better, fill out our contact form and an advisor will call you back at your convenience.
*Please note that regarding cycling accident compensation claims, some conditions may apply.
**This is assuming the footage clearly shows the accident and is of sufficient quality
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. However, if your claim is successful we will charge up to 25% of the total compensation awarded and if you terminate the agreement before your claim for damages ends then you may be liable to pay basic charges in addition to this.
We assess each claim on its merits with the information you provide, which then helps us to determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our panel of personal injury lawyers are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Team
Each client is provided with their own Personal Injury lawyer who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the lawyer.
Expert cycling accident claims advisors working for you
We specialise in helping victims of cycling accidents claim the compensation they deserve.
We work on a No Win No Fee* basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.
However, you should be aware that the panel of solicitors we work with may charge up to 25% of the total compensation awarded if your claim is successful. Further, if you terminate the agreement before your claim for damages ends you may be also be liable to pay basic charges including (but not exclusively) disbursements, and barrister’s fees.