Cycling accident claims

Cycling accident claims FAQs

• How can a cycling accident affect you?

  The effects of a cycling accident can vary greatly. In some cases, you may come away with a minor sprain or bruising, and while the physical recovery time may be short, it could have a long-term emotional impact on you.

  Physical

  This is often the most visible impact of an accident. And a physical injury has the potential to alter your life completely. Should you require specialist care long into the future, compensation can help to fund this.

  Shoosmiths helped a 51-year-old experienced cyclist to receive £837,000 in cycle accident compensation following a head injury after being struck by a car – find out more about how we helped with the ongoing physical and psychological effects of the accident.

  Emotional

  Not all signs of a serious injury can be seen on the outside, and cyclists can often suffer emotionally or psychologically following an accident. This can be just as hard to cope with as a physical ailment, and seeking help is just as important.

  Shoosmiths helped a cyclist who suffered post-traumatic amnesia following a bike accident claim – read more about how a collaborative approach to settlement helped the young cyclist.

  Financial 

  A slight injury could mean a few days off work, but something more serious could mean you are unable to do your job for a few weeks or longer. You may not even be able to return to work. This can not only have an impact on your psychological wellbeing, but it can also have a huge financial impact on you and your loved ones. 

  We were able to help a part-time nurse whose main mode of transport was her bicycle. Following her accident, she was told she would not be able to fulfil her dream of becoming a midwife. Discover how we secured cycle accident compensation for Mrs Brand. 

  We understand that no matter the amount of compensation you receive, it can never truly change what has happened to you and your loved ones. But we're here to help relieve some of the stress and strains.

  We can help you with not only the legal aspect of your claim, but also can offer practical advice, as well as emotional support.

• 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 cycling 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 cycling 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 start your claim, 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.

  If the other party accepts responsibility 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 cycling accident 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 cycling 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 that 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 cycling accident 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 cycle 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?

  Many factors 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?

  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 cycle accident lawyer will talk you through the whole process and will explain what evidence you need to provide.