Cycling Injury Claims: How the Process Works

Written by Chris Salmon on 7th October 2024

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.

How much can I claim?

Use our cycling injury compensation calculator
to quickly find out:

  • If you're eligible to claim
  • How much you could receive
  • What you can claim for
  • How long you have left to claim
Calculate my compensation
Do I keep all of the compensation awards?

Many people sign a no win, no fee agreement without focusing on the 'Win- Fee' aspect. Most solicitors charge a 25% success fee which is paid out of a deduction from the compensation settlement. 25% is the maximum that can be charged legally but it has established itself as the norm.

7. Settlement negotiation

Once liability is established and compensation calculated, your solicitor will enter negotiations with the other party’s insurer to secure a fair settlement. They’ll present the evidence, medical reports, and financial losses to support your claim.

Insurers may initially offer a lower amount, but your solicitor’s expertise ensures they push for the best outcome that fully reflects the impact of your injuries and expenses.

If the insurer disputes the claim or offers an unsatisfactory settlement, your solicitor can escalate the case and prepare for court proceedings if necessary, always prioritising your best interests and fair compensation.

See also:

How to handle insurance companies after a cycling accident

8. Receive compensation

Once a settlement is agreed upon, your compensation will be processed and paid. If interim payments were provided during your claim, these will be deducted from the final settlement.

Your solicitor ensures the payment is handled efficiently, so you receive the funds as quickly as possible. This compensation can cover your financial losses, medical expenses, and any ongoing recovery costs.

With the legal process complete, you’ll have the resources to focus fully on moving forward, whether that means returning to work, continuing rehabilitation, or regaining a sense of normalcy in your daily life.

See also:

How long do cycling injury claims take to settle?

How we help you get the compensation you need

Our panel of solicitors regularly represents cyclists involved in accident claims, from minor injuries to severe cases like limb loss and brain trauma.

With a deep understanding of the cycling injury claims process, we guide clients through each step, from gathering evidence to negotiating compensation settlements.

We actively campaign for safer roads and provide full support throughout the process of making a no win, no fee injury claim. This includes securing the best possible rehabilitation and financial compensation package, with interim payments arranged wherever possible to ensure you’re fully supported every step of the way.

Call us now for a free, no-obligation discussion about your position and your best options moving forward.

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Speak to a legal expert about making a no win, no fee claim
after a cycling accident:

  • Confirm if you have a claim
  • Get your questions answered
  • Understand your options
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Make claim with no financial risk. Solicitors receive a success fee of up to 25% of a claimant's compensation.

Cycling Injury Legal is regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website. Company No: 08914207. VAT No: 229015134.

Initial cycling injury enquiries are handled by our partners at National Accident Helpline. Legal claims are handled by our panel of expert cycling injury solicitors who are regulated by the Solicitor Regulation Authority (SRA).

We charge our solicitors for the marketing and operational services we provide and these costs are not passed on to our customers.

*No Win, No Fee: With No Win, No Fee, you won't pay anything to anyone if your cycling injury claim is unsuccessful. If you do win, your solicitor's success fee is capped at 25%* of your settlement, so you keep as much of your compensation as possible. Under a No Win, No Fee Agreement, fees may apply if a claimant refuses to cooperate or abandons their claim after the legal work has started, or if the claim is fraudulent.

Disclaimer: Nothing on this website constitutes legal advice or gives rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.

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