If it was 'Just' an Accident, Can I Still Make a Claim?

If you are involved in a collision with a dangerous driver, the responsible party is obvious. Examples of circumstances where blame is less clear include:

• If your injuries were sustained when you swerved to avoid a raised manhole cover in the road, the local council or other party responsible for road maintenance may be to blame.
• Potholes are the bane of road cyclists, but there are other road hazards that may also give rise to a claim that, at first glance, appears to be an unfortunate accident, such as a loose road covering resulting in a skid, or misleading road signs.

You may have been told that the incident that caused your injury was "just an accident" and that you are not be eligible for compensation. However, since most accidents have some cause, things may not be so simple.

It may still be that another party is responsible, and that your cycling accident could have been avoided.

In the above example, if you had not taken action to avoid the raised manhole cover and the impact of cycling into it had caused you to lose control of your cycle, fall and dislocate your shoulder, the judgement may be that the accident was caused by the raised cover. It may be possible to demonstrate that the raised manhole cover was the cause of the accident and therefore of your injuries.

See also:

Am I eligible to make a cycling Injury claim?

How do you determine who was responsible for the accident?

There may be several different people or organisations who could liable for your accident. Establishing who the defendant in your claim should be will help you to bring a claim.

In the example given, the manhole cover should have been flat to the ground.

Therefore, if recent resurfacing work on the road had left the cover projecting from the road surface, then those who carried out the resurfacing work may be liable for your accident.

Alternatively if a water company had been inspecting the drains and not replaced the cover properly then they may be liable.

It appears that nobody may be at fault, is there anything I can do?

Our expert solicitors have years of experience in cycling accident claims, so however limited the information you have, they will be able to assess your claim to ensure you have the support you need.

Although the legal system can often be daunting, using information contained on databases and knowledge of insurance companies, your solicitor may be able to find the right organisation or person for you to claim against.

See also:

Can I claim compensation if I don't know who's to blame?