What happens if I make a cycling claim but then withdraw?
Making the decision to claim for a cycling accident is not always straightforward. Establishing the cause of the accident, whether or how it could have been avoided, and who might be liable, are all elements that need to be considered carefully before proceeding.
How is a cycling accident claim made?
If you wish to make a claim for compensation for your cycling accident, it is advisable to speak to a solicitor who is an expert in bringing such claims.
Your solicitor will ask several questions so that he can understand the circumstances of the accident and the injuries you have sustained. This will help him establish whether your claim is likely to be successful, and if so, he will advise you how to proceed.
How will he know if my claim likely to be successful?
The questions he asks will help the solicitor to determine whether your accident was the fault of another person or organisation, or wholly your own.
If your broken arm was sustained when you lost control of your cycle and fell against a kerb because a loose dog chased after you, the dog's owner may be liable for your accident and injuries.
However, if you lost control of your cycle and fell against a kerb, breaking your arm, because you had been drinking alcohol, then it is likely you were responsible for your accident and there is no-one else to bring a claim against.
What happens next?
Once he has established that there is a claim to be brought your solicitor will discuss with you what the process will be and if any costs are likely to be incurred.
Deciding to progress with a Conditional Fee Agreement (also known as a "No Win, No Fee" agreement) means you agree to help your solicitor to make your claim.
His fees will be paid from the compensation you are awarded when your claim is successful. If your claim is unsuccessful it is likely there will be no fee.
When or why might my claim be withdrawn?
You may have issues about your claim that concern you and may feel you should withdraw your claim. It is advisable to discuss these issues with your solicitor as he may be able to answer your concerns and continue with the claim.
If he is unable to resolve your concerns and you still wish to withdraw the claim, this may incur costs.
However, a solicitor may also decide to advise you to withdraw your claim - for instance if he later discovers something that means the claim is more than likely to be unsuccessful. In this case there is usually no cost incurred by the Claimant.
I am still not sure whether I should bring a claim
As every cycling accident is different you may still be unsure whether or not you might have a valid claim. Speaking to an expert solicitor may help you make a final decision.