Bike and cycling accident claims

Bike & cycle accident claims FAQs

• What to do after a bike accident?

  If you've been involved in a bike accident, it's important to follow these steps:

  1. Identify who caused the incident

  Collect the names and addresses and if relevant car registration details as well as the colour or make. And if necessary, a description of the driver.

  2. Witnesses

  Obtain names, addresses or phone numbers as soon as possible.

  3. Take photographs and videos

  Take pictures or videos of the scene, and where possible show road signs or fixed landmarks. And always keep your footage, as it may be vital for your claim.

  4. Call the police

  If you've been injured or there's damage to the bike, always report the incident to the police. This should be as soon as reasonably practicable but in any event within 24 hours.

  5. Get insurance details

  If another vehicle is involved in your accident, ask the driver for insurance details, but never get involved in discussing the accident with them or accept any financial offer from them until you have spoken to specialist solicitors. If your accident was caused by an uninsured or untraced driver you can still pursue a claim through the Motor Insurance Bureau (MIB).

  6. Keep your property

  It's important you keep damaged items for inspection. Take photos and try and provide receipts for the purchase. List all the damaged items and keep details of your expenses. This will help with your cycle accident compensation claim.

  7. Visit A&E or your GP

  You should always seek medical advice following an accident, even for slight injuries.

  8. Seek legal advice

  No matter how minor the accident may seem, it's important that you seek independent legal advice from cycle accident solicitors who can help you make a claim.

• What you should not do after a bike accident?

  We understand that following an accident, you may feel confused, angry, upset and physically and emotionally hurt, but there are a few things you should not do following an accident, as they could weaken your claim.

  • Do not discuss who was at fault. Do not get angry. As hard as it might be, staying calm will help you to assess the scene, and anything you see or hear can be used as evidence.
  • Do not get on your bike and ride away. You may be more shaken up than you realise, and your bike may not be working safely. This could put you, and others at more risk.
• Why should you make a bike accident claim?

  We understand that after a traumatic accident, making a claim can seem like a stressful thing to do. But if you or a loved one is coming to terms with a life-altering injury – whether it be physical, emotional, or even financial, seeking cycle accident compensation can alleviate some of the additional stresses and strains you may be under.

  If someone else is at fault for your injury, you should be compensated for these feelings of distress and frustration. And while we understand that no amount of money can change what happened to you, it can help you cover the cost of treatment, rehabilitation, lost income and anything else still to come.

• Do you have grounds for a claim?

  If you've been involved in an accident that wasn't your fault, you have every right to pursue a bike accident claim.

  To make a claim, you must show that the other person involved was negligent, and that your injuries are because of their negligence. However, we understand that sometimes it can be hard to know who is at fault, which is why seeking the advice of specialist cycle accident solicitors is important.

  Here at Shoosmiths, our team of lawyers can take an in-depth and impartial look at the series of events that occurred before, during and after the accident, and will determine who was at fault. Even if you don't have all the details of the driver or the vehicle or you were involved in a hit and run, you can tell us what you know, and we can take it from there.

  Our team know exactly what's needed to help you rebuild your life after a serious accident – from legal advice to ongoing medical care.

  If you're unsure whether you have grounds to make a claim, you can speak to one of our friendly team on 0370 086 8687 or you can send us a message.

• What do you need to prove for cycle accident compensation?

  To increase the chances of bringing a successful bicycle accident compensation claim, there are certain things you will need to do. Gathering evidence is crucial in making a claim, and you should keep hold of as much information as possible from the date the accident took place.

  Firstly, you should take photos of any damage to your bicycle and the scene, as well as your injuries. You should also get the contact information of anyone that witnessed the accident.

  And make sure you keep proof of any expenses you have incurred because of your injuries as well as any damage to your property, as you will be able to claim for these too.

  When bringing any type of accident claim, the most important element is establishing responsibility. You need to prove who is at fault for the incident, whether it was another driver or the condition of the road itself.

  If you're still unsure if you have a claim, our expert lawyers can examine the evidence for you.

• How does a bicycle accident compensation claim work?

  We aim to make every claim as easy and as straightforward as possible for you, after all, seeking compensation should be there to make your life easier – not harder.

  We’re signed up to the Serious Injury Code, and this means that we work with you and the insurer(s) to achieve the best possible outcome for you and your family. If we think you have a claim, one of our bike accident lawyers will take up your case.

  They will be your personal contact throughout your claim, and they will be the ones to get in touch with the other party involved, as well as collecting the evidence to support your claim. 
  To begin proceedings, we will send a letter of claim to the potential defendant, and investigations will begin with the police and any witnesses to your accident. We will obtain medical records and then independent medical reports from leading independent medical experts.

  When we have finalised our medical evidence, we will be in a position to value your injuries. The principle behind any claim is to put you in the same position you would have been in if the accident hadn't occurred. Obviously, this may not be possible in some cases where a serious injury has happened, in which case financial compensation for injuries is awarded, increasing dependent upon the severity of your injuries.

  If the other party accepts blame at this stage, we’ll seek to secure an interim payment to cover any immediate costs. If not, we’ll start the court process. All this means in practice is that your claim now has a deadline to be settled. And you can be sure that we’ll be with you at every step.

• How many claims go to court?

  The majority of claims are settled without going to court, and that applies even if we do need to start court proceedings as part of the process.

  Which is what happened to Barrie Martin. His bike accident claim was prepared for trial, but before that took place, a settlement meeting was arranged, and he was awarded a substantial settlement sum.

  Of course, we can't make any guarantees your cycling accident injury claim won't go to court.

  If you're making a claim on behalf of a loved one who lacks capacity as defined in the Mental Capacity Act 2005, it will be necessary to go to court. But rest assured that your personal bike accident lawyer will explain the process to you.

• Who are cycle accident compensation claims made against?

  Cycle accident compensation claims are made against the person who is at fault for the incident. If your accident was caused by an uninsured or untraced driver you can still pursue a claim through the Motor Insurers Bureau (MIB) which can award damages to cover both your injuries and repair or replacement of your bike and equipment.

  In some cases, it may be that you are partially to blame for the accident, in which case liability can be split. Should this happen, you will receive some compensation, but it will be a lower amount to reflect your involvement.

  If you're unsure who you should claim against, you can call us on 0370 086 8687 or send us a message and we'll be happy to speak with you.

• Can you make a claim on behalf of someone else?

  It is possible to make a claim on behalf of someone else if:

  - You're the parent/guardian of a child under the age of 18

  - A loved one is unable to claim themselves because of the injuries sustained

  - A family member has passed away as a result of their injuries

  If you're unsure about whether or not your circumstances will allow you to make a cycle accident compensation claim on behalf of a loved one, you can call us on 0370 086 8687. Alternatively, you can send us a message and a member of our team will be in touch.

• How much does a bike accident claim cost?
  At Shoosmiths we believe everyone should have the opportunity to make a claim, which is why if we take up your case it will be on a No Win No Fee basis. Not only is your initial consultation with one of our lawyers free, but you will only have to pay a 'success fee' at the end of your case if your claim is successful. The pre-agreed amount will be deducted from your compensation.
• How long does a cycling accident injury claim take?

  There are many factors that can affect how long a cycling accident injury claim can take. For example, if the other party doesn’t accept fault, this can make the process longer. Similarly, if your claim is a complex case, it can take time to make sure that all the facts are correct and sufficient evidence has been gathered.

  But please rest assured that your cycle accident lawyer will do everything in their power to make the process as short and as stress-free as possible.

• How much compensation could you receive?

  We're unable to provide a definitive amount of compensation you could receive. The amount awarded will be dependent upon the injury you sustained – physical and emotional, damage to your property, as well as any loss of earnings.

  After an accident, you may be able to claim compensation for the following:

  Personal injuries

  This includes all visible physical injuries from bruising to broken bones, as well as invisible psychological injuries such as depression – as long as they can be shown to have been caused as a direct result of your bike accident.

  Bicycle damage

  If your bike can be repaired and the cost of repair is less than the value of the bike prior to your accident, you can claim the repair costs. If your bike is damaged beyond repair or the cost of repair is higher than the value of the bike, then you can claim compensation that is equal to its value prior to the accident.

  Property damage

  You are able to claim cycle accident compensation if any of your personal items were damaged as a result of the accident. This includes any clothing, your helmet or any additional attachments on your bike.

  Loss of earnings

  If the injuries you sustained as a result of your accident forced you to stop work, you can claim for loss of earnings. You will need to provide evidence of how much you would have earned if you had not missed work.

  Additional travel costs

  If your bicycle was your chief means of transport and following the accident you have to take public transport or make alternative arrangements, you can claim compensation based on the mileage.
  You will need to produce receipts and other documentation to substantiate any claim – but that's why we're here. Your personal bike accident lawyer will talk you through the whole process and will explain what evidence you need to provide.

• How long do you have to start a cycling accident injury claim?

  A cycling accident injury claim is just like any other personal injury claim and you will usually have three years from the date of your accident to start the process. If an injury isn't discovered straight away, the three-year limit will start from the 'date of knowledge' – or when you first learn about it.

  In certain circumstances, the three-year time limit doesn’t apply. These are claims where:

  - You’re acting on behalf of someone under the age of 18. In child injury claims, you can start a claim at any point up until their 18th birthday. This is when the three-year limit then starts.

  - You’re acting on behalf of someone who lacks the capacity to. The time limit only starts when they regain that capacity. If it’s permanent, however, no limit will ever apply.

  If you're unsure about your own situation, you can contact us by calling 0370 086 8687 or you can send us a message and we will get in touch with you at a time that is convenient for you.