Written by Chris Salmon on 21st February 2023
If you've been injured in a cycling accident that was not your fault, you may be entitled to compensation for your injuries and financial losses. However, to make a successful claim, certain criteria must be met.
Criteria for making a cycling injury claim
To make a compensation claim, your solicitor must prove that the accident was caused by another party’s negligence, and that party owed you a duty of care
This could involve a motorist, a pedestrian, or even a local authority if the accident was due to poorly maintained road surfaces, such as potholes. Essentially, the accident must have been the result of another person or organisation failing to meet their duty of care.
You must show that your injuries - whether physical, psychological, or both - were directly caused by the accident.
In the UK, there is a three-year time limit for making a personal injury claim. This means you must start legal proceedings within three years of the accident date. In some cases, if your injuries were not immediately apparent, the three-year limit starts from the date your injuries were discovered (known as the "date of knowledge").
What if I don’t know who caused the accident?
In some cases, the cause of an accident may not be immediately clear. For example, the accident may have been due to another vehicle turning into your path, a car door opening in front of you, or even hazardous road conditions like a raised manhole cover or spilled oil.
A solicitor will investigate the circumstances of your accident to determine who is liable. If the person responsible cannot be identified - such as in the case of a hit-and-run - or if the driver was uninsured, you may still be able to claim through the Motor Insurers' Bureau (MIB). The MIB is a non-profit organisation that compensates victims of accidents caused by uninsured or untraceable drivers.
What if I was partly responsible for the accident?
Even if you were partly at fault for the accident, you may still be eligible to make a claim.
However, your compensation might be reduced to reflect your contribution to the accident. This is known as contributory negligence. For instance, if the court finds you 20% responsible for the accident, your compensation would be reduced by 20%, but you can still recover the remaining 80%.
What if there were no witnesses to my accident?
It’s possible to make a claim even if there were no witnesses to your accident. In some cases, such as accidents caused by road defects, there may be no witnesses present to provide testimony.
However, you can still gather evidence to support your claim. Take photos of the accident scene, including any road hazards or conditions that contributed to the accident. If the accident occurred in an area with CCTV coverage, such as a town centre, your solicitor obtain the footage.
Additionally, medical reports, repair records for your bike, and any communication with the authorities can further support your case. Your solicitor will help you collect all the necessary information and present the strongest case possible.
How can a solicitor help with your cycling injury claim?
Working with a cycling injury solicitor is key to making a successful claim. They’ll investigate the accident, gather evidence, and manage all communication with the defendant’s insurer, guiding you through each legal step and negotiating the best settlement for your injuries and losses.
Personal injury solicitors work on a no win, no fee basis, so you won’t face upfront costs, with fees deducted from any compensation awarded.
How we can help
Our panel of solicitors regularly represents cyclists involved in accident claims on a no win, no fee basis.
With extensive experience in assessing eligibility for cycling injury claims, we understand the complexities involved in proving liability and building a strong case.
We actively campaign for safer roads and support clients throughout their recovery journey. This includes securing the best rehabilitation and financial compensation settlement for claimants, with interim payments arranged wherever possible to ensure you’re fully supported every step of the way.