In this guide, we will explore the question ‘I was hit by a car on my bike – can I claim?’. Firstly, we will outline the eligibility criteria for starting a personal injury claim following a road traffic accident, including the time limits in place for beginning legal proceedings.
I Was Hit By A Car While On My Bike – Can I Claim?
Secondly, we will outline the duty of care road users must uphold and the accidents that could occur if they do not.
Additionally, we will provide information the evidence needed for a personal injury claim and the steps you can take to access this.
Furthermore, we discuss the damages that could be included in your settlement and how this might be calculated by legal professionals, such as a road traffic accident solicitor.
For more information on the personal injury claims process, get in touch with an advisor. They can provide further guidance and assess your case for free. If they find your claim is valid, they may put you in contact with a No Win No Fee solicitor from our panel. To get in touch:
- Speak to us on 0113 460 1216
- Read more about making a claim online.
- Connect with an advisor via the live chat feature below.
Choose A Section
- I Was Hit By A Car On My Bike, Am I Eligible To Claim?
- Examples Of Bike Accidents And Injuries
- Road Traffic Accident Claim Calculator – Potential Compensation From A Successful Claim
- What Evidence Could Help Me Claim If My Bike Has Been Hit By A Car?
- Why Should I Use Your Panel Of No Win No Fee Road Traffic Accident Solicitors?
- Learn More About Claiming For A Road Traffic Collision
I Was Hit By A Car On My Bike, Am I Eligible To Claim?
In some cases, you may be eligible to start a personal injury claim for compensation if a car has hit your bike and caused you harm. However, you need to demonstrate that negligence occurred. This involves the following:
- A duty of care was owed to you by a road user, such as a driver.
- This duty was breached.
- You sustained an injury that was either physical or psychological because of the breach.
Road users have a duty of care to avoid navigating the roads in a way that could result in harming themselves and others. This duty is outlined in the Road Traffic Act 1988. In addition to this, there is guidance in the Highway Code on the responsibilities different road users have, including drivers, riders and pedestrians.
If there is a breach of duty on the part of a road user and you become injured as a result, you may be eligible to seek personal injury compensation.
Is There A Time Limit To Making A Road Traffic Accident Claim?
The standard personal injury claim time limit is three years under the terms of the Limitation Act 1980. This typically starts from the date you became injured. However, exceptions can apply in specific circumstances, including when the injured individual is under the age of 18 or lacks the mental capacity to claim.
In these instances, the time limit is paused, during which time a suitable adult can apply to the courts to act as a litigation friend. This means they can begin the claim on the injured person’s behalf.
If no claim is made for the child by the time they turn 18, they will have three years from the date of their 18th birthday to start their own claim. Similarly, if an individual regains the mental capacity to claim, the three years will begin from the date of recovery as long as no claim has already been made on their behalf prior to this.
For more information on the time limit exceptions and when you could be eligible to seek compensation, get in touch using the number above.
Examples Of Bike Accidents And Injuries
Below, we have included some examples of accidents and the subsequent injuries that could be sustained as a result.
- A driver operates their vehicle above the speed limit resulting in them losing control when they turn a corner. As a result, they knock a cyclist off their bike and cause them to experience a damage to their spinal cord, shoulder injury and a severe head injury.
- When turning at a junction, a driver fails to indicate causing them to hit a cyclist while they are on their bike. As a result, they experience a severe neck injury, knee injury and a traumatic amputation to their arm.
If you would like to discuss your specific circumstances to find out whether you could make a personal injury claim as a cyclist, please get in touch using the number above.
Road Traffic Accident Claim Calculator – Potential Compensation From A Successful Claim
If you’re wondering ‘I was hit by a car on my bike, what compensation could I receive?’, the settlement you could be awarded can differ depending on your circumstances. For example, factors such as the severity of your injuries, the impact they have had on your quality of life and the psychological effect they have had can be considered when valuing your award.
General damages compensate for the pain and suffering that you have experienced due to the injuries you suffered. The psychological and physical impact on your life will be considered when valuing this head of claim.
Lawyers and other legal professionals can use any medical evidence you provide in support of your claim and compare it to the award brackets listed in a publication called the Judicial College Guidelines. We have included a selection of these figures in the table below. Please only use them as a guide.
Guideline Award Brackets
| Injury | Severity And Guideline Compensation Brackets | Notes |
|---|---|---|
| Head | (b) Moderately Severe - £219,070 to £282,010 | A very serious disability that is either physical or cognitive and leads to the person requiring constant care. |
| Leg | (b) Severe (i) - £96,250 to £135,920 | Injuries, such as an extensive degloving of the leg causing a gross shortening of the leg. |
| Foot | (c) Very Severe - £83,960 to £109,650 | Permanent and severe pain caused by the traumatic amputation of the forefoot. |
| Knee | (a) Severe (i) - £69,730 to £96,210 | Disruption of the joint which leads to the development of osteoarthritis and necessitates a lengthy treatment. |
| Neck | (a) Severe (ii) - £65,740 to £130,930 | Injuries typically involving serious fractures or damage to discs in the cervical spine. These lead to disabilities of a considerable severity. |
| Wrist | (a) Complete Loss Of Function - £47,620 to £59,860 | An arthrodesis has been performed after injuries have resulted in the loss of function completely. |
| Back | (b) Moderate (i) - £27,760 to £38,780 | This bracket includes cases of a damaged intervertebral disc causing nerve root irritation and reduced mobility. |
| Ankle | (c) Moderate - £13,740 to £26,590 | Less serious disabilities resulting from fractures, tears to the ligaments and similar injuries. |
| Pelvis | (b) Moderate (i) - £26,590 to £39,170 | A pelvis or hip injury that is significant but any permanent disability isn't major. |
| Shoulder | (c) Moderate - £7,890 to £12,770 | Frozen shoulder that causes limited movement and discomfort for about two years. |
Special Damages When Claiming For Driver Negligence
As part of your settlement following a successful road traffic accident claim, you could also be awarded special damages. With the correct documented evidence such as invoices, travel tickets, bank statements and payslips, you could claim back the following:
- Lost income due to needing to take time off work
- The cost of adapting your home to accommodate the injury
- The cost of repairs to your bike
- Medical costs
- Travel expenses
If you have any other questions regarding the compensation you could be eligible to receive following a successful bike accident claim, please get in touch using the details provided above.
What Evidence Could Help Me Claim If My Bike Has Been Hit By A Car?
There are several types of evidence you could gather to strengthen your claim, including:
- CCTV and dashcam footage of the accident
- Photographs of your injuries and the accident, including any damage to your bike
- A diary of the treatments you needed and the symptoms you had
- Copies of medical records, such as X-rays and prescriptions
- Contact details of witnesses who can provide a statement later on
A solicitor from our panel could help you gather evidence to support your case. They could offer their services on a No Win No Fee basis. To learn more about how they could help, get in touch with an advisor. Alternatively, continue reading to learn about the basis on which they could handle your case.
Why Should I Use Your Panel Of No Win No Fee Road Traffic Accident Solicitors?
The personal injury solicitors on our panel offer their services under a particular kind of No Win No Fee agreement. The type of contract they could offer is known as a Conditional Fee Agreement (CFA). Usually, this means:
- There is no requirement to pay upfront or ongoing fees for the solicitors work.
- If your claim has an unsuccessful outcome, you won’t need to pay for the work they have completed on your case.
If the claim is a success, only a legally capped amount needs to be paid as part of the solicitor’s services. This is taken from your compensation. As the percentage is legally restricted, it ensures you keep the majority of your compensation.
To find out whether a solicitor from our panel could represent your personal injury claim for a road traffic accident in which you sustained harm, get in touch with an advisor. They can provide further guidance on the claims process and answer any questions you might have regarding your specific case.
- Speak to us on 0113 460 1216
- Read more about making a claim online.
- Connect with an advisor via the live chat feature below.
Learn More About Claiming For A Road Traffic Collision
Below, we have provided more of our guides relating to personal injury claims:
- How to find quality personal injury solicitors?
- Estimating a claim settlement for a permanent disability
- Bike and cycle accident personal injury claims
Additionally, you can find more external resources below:
We hope this guide has answered your question ‘I was hit by a car on my bike, can I claim?’. However, if you need any further guidance, get in touch using the details provided above.
Writer Jeff Wallow
Editor Meg McConnell