The cycling injury claims process can feel overwhelming, especially if you’re recovering from an accident. Understanding each step can make it less daunting and ensure you get the compensation you deserve.
From your initial consultation to receiving your settlement, this guide outlines the key stages, providing clarity on what to expect and how a specialist cycling injuru solicitor can support you every step of the way.
1. Initial consultation
Starting a cycling injury claim can feel overwhelming, especially if you’re unsure where to begin. An initial consultation with a specialist solicitor is a straightforward, no-cost first step.
During this no-obligation call, you’ll have the opportunity to explain the circumstances of your accident and any resulting injuries. The solicitor will assess whether you may have a valid claim and advise you on your next steps.
If you decide to make a claim, you will enter into a no win, no fee agreement with your solicitor.
Read more:
Am I eligible to make a cycling injury claim?
2. Establish liability
Determining liability is a crucial step in the claims process, as it identifies who is responsible for your injuries and against whom the claim should be made.
Your solicitor will investigate the circumstances of your accident to establish fault, whether fully or partially, and determine the appropriate party to pursue for compensation. This can vary depending on the specifics of your case:
Injured by another road user
If you were injured in a collision with a motorist, another cyclist, or pedestrian whose negligence caused the accident, your claim is typically made against them. Motorists, for example, are required by law to carry insurance, meaning their insurance provider would cover your compensation if they were at fault.
Injured due to local council or highway authority negligence
If poor road conditions such as potholes, uneven surfaces, or raised drain covers caused your accident, liability may rest with the local council or highway authority responsible for maintaining the road. Your solicitor will investigate whether the authority had adequate notice of the hazard and failed to take action.
Injured by a hit-and-run or uninsured drivers
If the responsible party cannot be identified, such as in a hit-and-run, or if they were uninsured, you can still make a claim through the Motor Insurers' Bureau (MIB). The MIB exists to compensate victims of accidents caused by uninsured or untraceable drivers, ensuring you’re not left without recourse.
Read more:
Cyclist's guide: Claiming against uninsured or hit-and-run drivers
Injured due to a cycling equipment provider's negligence
In cases where your accident was caused by defective bicycle repairs or faulty components, liability may fall to the mechanic or retailer responsible for the work or product.
Even if you’re unsure who is at fault, your solicitor will work to uncover the facts and determine liability. This may involve reviewing police reports, gathering witness statements, and assessing the accident scene. Once liability is established, your solicitor can proceed with building a strong case against the responsible party, ensuring you’re supported throughout the process.
See also:
Injured by a defective bike or component? How to make a claim
See also:
Can I claim if I was partly responsible for my accident?
3. Evidence collection
Gathering evidence is essential to building a strong compensation claim. Your solicitor will help source and collate all relevant evidence to support your case, including:
- Witness statements - Contact details and accounts from anyone who saw the accident.
- Photographic evidence - Photos of the accident scene, your injuries, and any damage to your bike.
- Police reports - Official records if the incident was reported to the police.
- CCTV, helmet cam or dashcam footage - Footage that may have captured the collision.
- Medical records - Documentation of your injuries and treatments.
Comprehensive evidence strengthens your claim and ensures a fair settlement for your injuries and losses.
See also:
The role of evidence in a successful cycling injury claim
4. Injury assessment
Understanding the extent and impact of your injuries is a crucial step in the claims process. Your solicitor will arrange a medical examination with an independent expert to assess your injuries comprehensively.
This assessment covers the severity of your physical injuries, any long-term effects on your health, and potential psychological impacts, such as anxiety or trauma following the accident.
The medical report forms a key piece of evidence, helping to calculate your compensation and demonstrate how the injury has affected your quality of life. This ensures your claim accurately reflects the full impact of your accident.
See also:
Will I need a medical when making an injury claim?
Can the medical for my injury claim be carried out locally?
5. Medical support
Your recovery is a top priority, and your solicitor will arrange the medical care and rehabilitation you need to achieve it. If NHS services are unavailable or subject to long waiting times, private care can be arranged to ensure you receive timely and effective treatment.
Your solicitor will discuss your recovery goals, whether it’s returning to work, regaining mobility, or resuming daily activities like playing with your children. Specialists will assess your injuries and set realistic milestones to support your progress. If needed, interim payments can be arranged to cover treatment costs while your claim is ongoing, ensuring uninterrupted care.
See also:
Can I get an interim payment before my injury claim settles?
6. Compensation calculation
Compensation for cycling injuries includes two key elements: general damages and special damages. General damages address the pain, suffering, and loss of enjoyment caused by your injury.
General damages are calculated using Judicial College guidelines, which recommend award amounts based on the type and severity of injuries.
Special damages cover financial losses incurred due to the accident, such as lost earnings, medical expenses, and travel costs for appointments. They may also include costs for home modifications, like ramps, if your injuries require accessibility adjustments.
If your bike was damaged beyond repair and not covered by insurance, you can claim for a replacement.
Your solicitor will assess all factors to calculate a fair compensation amount that reflects your injuries and financial losses.