Do I have a cycling compensation claim?
If you have been injured in a cycling accident, you may be able to make a compensation claim for your injuries and losses if you meet the following criteria:
- Your accident was caused by another party's negligence: To make a compensation claim, your solicitor must be able to prove that your accident was caused by the negligence of another party, such as a motorist or pedestrian, or a local authority’s failure to maintain the road.
- The accident caused your injuries: Your injuries, whether physical, psychological, or both, must have resulted from your accident.
- Your accident must have occurred within the last 3 years: In the UK, there is a 3-year time limit for making a personal injury claim. This means you must commence legal proceedings within three years from the date of the accident, or within three years of the date that your injuries were first discovered (date of knowledge).
If you think that you meet these criteria, or even if you are unsure, you should seek legal advice from a qualified solicitor who specialises in personal injury claims.
After an initial free phone consultation with a legally trained expert, you will have a very good idea of whether a claim is likely to succeed.
Should you decide to proceed with a compensation claim, your solicitor will help collate any evidence that supports your claim, such as medical records, witness statements, and police reports. Your solicitor will provide guidance and support throughout the claims process.
What if I don't know who caused the accident?
Your accident may have been caused either by a collision with another road user (for example a vehicle turning left across your path, or a driver opening a car door in front of you), or you may have lost control of your cycle and fallen because of the state of the road surface - potholes, loose gravel or spilled oil - for example.
Personal injury solicitors are experts at determining who was to blame for an accident, and who a claim would be made against, even if it is not immediately apparent.
If it is impossible to establish who is to blame, perhaps following a hit an run incident, or even if an uninsured driver is responsible, a claim could still be possible via the Motor Insurers Bureau (MIB).
The Motor Insurers' Bureau (MIB) is a non-profit organization established to compensate victims of accidents caused by uninsured or untraceable drivers.
What if I was partly responsible for my accident?
Even if you were partly to blame for the accident that caused your injuries, you should still be able to claim, although the award for damages may be reduced to reflect your ‘contributory’ negligence.
What if there were no witnesses to my accident?
If you have been involved in a cycling accident without any witnesses, it may still be possible to make a claim for compensation. In situations where the accident happened because of a spill on gravel or hitting a raised manhole cover, for example, it may be challenging to find witnesses.
However, you can use your own evidence to support your claim for compensation. Taking photos of the incident and surroundings can be particularly helpful. If the accident occurred in a town centre, it is possible that shops and premises in the area may have CCTV cameras that recorded the event. Our legal team can help with enquiries to find supporting evidence and present a compelling case.
Your solicitor will work with you to gather as much information as possible and they will use their legal expertise to build the strongest possible case to support of your claim.