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How Do I Make a Cycling Accident Claim?
Cyclists are one of the most vulnerable road users in the UK. When a cyclist is knocked off their bike, they can experience serious injuries and extensive damage to their bike.
If you have been involved in a cycling accident that wasn’t your fault, you may wish to make a claim to gain compensation for your injuries, bike and personal property damage.
True Solicitors explain the steps you should take after a cycling accident.
What to do after a bike accident?
1. Safety First
Your number one priority should always be your personal safety. If your injuries are serious, call an ambulance straight away. If you are able to and it is safe to do so move to the side of the road or pavement, out of the way of oncoming traffic.
Even if your injuries seem minor it is always worth getting yourself checked out by visiting your GP or attending a walk-in centre. Some injuries may be internal and not visible to the naked eye.
2. Take down the third-party details
Take down the name, address and the vehicle registration (if applicable) of the third party involved in the incident. It is also worth noting the make and model of the vehicle – if possible, take photos.
If you were hit by a taxi or bus, make note of the name of the taxi firm or bus company.
3. Collect witness details
Ask any witnesses who were saw the scene of the accident for their contact details if they are willing to give evidence. Witness statements may be used by the police, your insurance provider or personal injury solicitor if you decide to make a claim.
4. Photos and video evidence
Photos and video footage from the scene of the accident can be used as vital evidence in supporting your claim. It is recommended to get photographs or video evidence of the following:
- Vehicles involved.
- Injuries sustained.
- Damage(s) to your bike and other personal property.
- Damage(s) to the road such as potholes. Images should show the length, depth and width of potholes.
- Road signs and landmarks which show the location of the incident.
- Head cam or dash cam footage from the incident, view our full list of evidence used in road traffic accident claims.
5. Inform the Police
All road traffic accidents should be reported to the police within 24 hours of the incident happening.
6. Insurance details
If the incident involved another vehicle it is important to get the motorists insurance details. At this stage, do not admit liability or accept any offer from them to personally pay for any of the damages caused. It is likely that their insurance company will contact you to make you an early settlement offer. Although this may be tempting to accept, insurers’ offers are often significantly lower than what you could be entitled to. It is therefore always worth seeking legal advice from a personal injury solicitor first.
7. Damages to personal property
Take photos of damaged personal property which may include your:
- Cycling equipment such as a head cam, fitness watch and clothing.
- Mobile phone
If you would like to claim for the above damages you will need to provide receipts as proof of purchase.
8. Instruct a solicitor
Contact a solicitor to assess your claim. They will ask you a series of questions to establish who was at fault for the accident and if they believe that you have a valid case, they will explain their terms of service. You can then decide to instruct them as your solicitor or not.
True Solicitors are experienced in handling cycling accident claims and are committed to getting our clients the maximum amount of compensation in the shortest time possible. We can handle your claim on a no win, no fee basis.
Contact us on 0344 854 7000 or submit your details below and we will call you back at a time that is suitable for you.
What will a solicitor do for me?
A solicitor will work to establish who is responsible for causing the accident and will start by gathering evidence to support your claim. This will include photographs and witness statements from the scene of the accident.
It is most likely that your solicitor will arrange for you to attend an independent medical assessment so that your injuries can be examined, to determine your recovery time and any long-term damage. Rehabilitative treatment will also be suggested and arranged at this time to aid your recovery.
Your solicitor will also take into consideration your current and future loss of earnings, and any out of pocket expenses such as travel costs to and from medical appointments, care costs and mobility aids.
Your case will then be presented to the third party to either accept or reject liability. If liability is accepted negotiations will begin with their insurer who will pay the compensation. If liability is denied it may be necessary to start court proceedings. The vast majority of claims are settled out of court, but if we need to go to court then we will support you every step of the way.
How much will it cost to make a claim?
True Solicitors will handle your bike accident claim on a No Win, No Fee basis, meaning that you only pay if your claim is successful. The success fee we charge in road traffic accident personal injury claims ranges from 25% to 30% (+ VAT) of the compensation settlement, depending on the type of claim and whether court proceedings are issued.
Is there a time limit for making a claim?
In most instances, you will need to make the claim within 3 years from the date of the accident. Generally, the sooner after the accident happened the better, when your memory of what happened is fresh to mind.
If a child was injured in a cycling accident a parent or guardian can make a claim on their behalf at any time before they turn 18. Once a child reaches the age of 18, they have 3 years from the date of their birthday to make a claim themselves.
There is no time limit for bringing a claim for anyone who is deemed mentally incapacitated to make a claim themselves.