In this guide, we discuss when it could be possible to start a No Win No Fee cycling accident claim. Whilst it’s not a legal requirement to instruct a solicitor to help you seek compensation, it can be beneficial. Also, if you choose a solicitor who offers their services under a type of No Win No Fee agreement, you typically won’t need to pay upfront or ongoing costs as they work on your claim.
As we move through this guide, we provide information on the eligibility criteria for starting a personal injury claim after a cycling accident, the evidence you could gather to support your case, and how personal injury compensation settlements are calculated.
Furthermore, we look at how an experienced cycling accident solicitor working under No Win No Fee terms could assist you with your claim and how the terms of such an agreement could benefit you.
Browse Our Guide
- When Am I Eligible To Make A Bike Accident Claim?
- Why Start A No Win No Fee Cycling Accident Claim With Our Panel Of Solicitors?
- How Much Compensation Could I Receive From A Cycle Accident Claim?
- Evidence That Could Help With Cycling Accident Claims
- Read More About Claims For Cycling Accidents
Everyone who uses the road owes a duty of care to one another. This means they must navigate the roads and operate their vehicles in a way that minimises harm or damage to themselves and others. They need to adhere to the Road Traffic Act 1998 and the Highway Code to meet this duty of care. Furthermore, Rule 204 of the Highway Code states that cyclists are vulnerable road users and therefore require extra care on the roads.
If there was a failure to uphold this duty, it could lead to cycling accidents and injuries. For example, a cyclist could be hit by a car while on their bike because a driver failed to check their mirrors and blind spot before making a turn at a junction. As a result, the cyclist could have sustained multiple injuries, such as a severe head injury leading to brain damage, a back or neck injury damaging the spinal cord, and broken bones. In this instance, it may be possible to claim against a car driver for their negligent actions/inactions.
To be eligible to start a bike accident claim for personal injury its necessary to meet three main criteria:
- A duty of care was owed to you by another road user.
- They breached this duty.
- This breach caused you to suffer a physical and/or mental injury.
Together, these points define negligence in tort law and form a valid foundation for starting a personal injury claim. In addition to this criteria, personal injury claims typically need to be started within three years of the accident date as stated in the Limitation Act 1980. There can be exceptions for minors and those with reduced mental capacity, so please call to find out whether you have enough time to claim compensation.
Anyone is able to launch a cycling injury claim themselves without legal representation, provided their case meets the eligibilty criteria mentioned above. However, there are many advantages to working with an experienced solicitor. For example, the solicitors on our panel who have knowledge and experience helping eligible claimants with cycling accident claims could assist with the following:
- Assisting you with gathering evidence.
- Ensuring your claim is filed within the limitation period.
- Negotiating a fair compensation settlement on your behalf.
- Sending important correspondence on your behalf.
- Keeping you updated on the progress of your case as it proceeds.
Additionally, they offer their helpful services via a No Win No Fee contract called a Conditional Fee Agreement (CFA). This particular type of No Win No Fee agreement typically means your solicitor won’t require an upfront fee to begin working on your case. They also won’t require any fees for the ongoing work they provide as your case progresses. If the cycling accident compensation claim fails, no fee for their services will be taken.
If your claim succeeds, your solicitor will take a percentage of your compensation as their success fee. However, this has a legal cap in place to ensure you receive the majority of your awarded settlement.
For further guidance on making a No Win No Fee cycling accident claim with a solicitor from our panel, please get in touch via the online form mentioned above.
There are several different factors that could influence the bike accident claim amount you’re awarded after a successful case. For example:
- The severity of your cycling injury. If you have a more serious injury that causes permanent issues, for example, you could receive a higher award than if you have a minor injury that leaves no lasting damage.
- How badly the injury impacted your quality of life.
- Whether your injury resulted in any financial losses.
Generally, though, you could be awarded a settlement comprising up to two heads of loss.
Firstly, general damages, the primary head of loss, awards compensation for the pain and suffering caused by your injuries. This can include physical injuries and/or mental damage.
As part of the accident claims process, you’ll need to attend an independent medical assessment which can produce a report detailing the full extent of how your injuries affected you and will continue to affect you in the future. If you instruct a solicitor to represent your claim, they can arrange this appointment for you.
The independent medical report can be used alongside the Judicial College Guidelines (JCG) to help value your injuries. The JCG contains guideline compensation brackets for different injuries all varying in severity.
Below, you can find figures from the JCG, with the exception of the very first entry. Please only use the table as a guide as settlements will vary depending on the unique aspects of cycle accident claims.
|Type of Injury
|Award Bracket Guidelines
|Multiple Very Severe Injuries With Financial Losses
|Up to £1,000,000 +
|Compensation for the pain and suffering of multiple and very severe injuries whether physical and/or psychological. Also, compensation for the financial losses incurred as a result, such as lost income, care costs, and travel costs.
|£324,600 to £403,990
|Paralysis of the upper and lower limbs. Factors bearing on the award include the degree of independence, the person's age, and the presence of any depression.
|Injury Resulting from Brain Damage
|£282,010 to £403,990
|There will be little evidence of the person having a meaningful response to environment with poor language function, double incontinence and the need for full-time nursing care.
|£150,110 to £219,070
|A moderate to severe intellectual deficit, a change in personality, impact on the senses and no employment prospects.
|Loss of Both Arms
|£240,790 to £300,000
|The person is reduced to a state of considerable helplessness.
|£91,090 to £160,980
|Spinal cord and nerve root damage.
|In the region of £148,330
|Cases of incomplete paraplegia from an associated neck injury as well as cases of permanent spastic quadriparesis are included in this bracket.
|£96,250 to £135,920
|Injuries that don't involve amputation but are still very severe, such as an extensive degloving of the leg.
|Other Arm Injury
|Permanent and Substantial Disability
|£39,170 to £59,860
|Both forearms or one forearm suffer serious fractures causing a permament residual disability.
Claiming Financial Losses Due To Driver Negligence
The second head of loss that can be awarded in a successful cycling accident claim is special damages. This provides compensation for the financial damage you have experienced because of your injuries. Some examples of the out-of-pocket costs that you could include in your claim are:
- Past and future lost earnings, such as if you required time off from work to recover from your injuries.
- Travel expenses, such as buses or taxis to hospital appointments.
- Medical costs, such as having to pay for prescriptions.
- The cost of home adaptations needed to cope with your injuries, such as the installation of a stairlift or wheelchair ramp.
When claiming special damages in a personal injury claim, it is essential that you present proof of the losses. This can include invoices, bank statements, receipts, copies of prescriptions, and payslips.
For more information about how much compensation for a bike accident you could receive following a successful claim, please call an advisor on the number above.
If you make a No Win No Fee cycling accident claim with help from a solicitor, they can assist you in gathering evidence to build a strong case. Evidence can help show that another road user breached their duty of care causing you to suffer an injury. Some examples of what you could collect with the help of a solicitor include:
- CCTV or dash cam footage showing your accident.
- Photographs of the injuries and the accident scene.
- Contact details for witnesses so that a statement can be gathered at a later date.
- Medical evidence that shows the injuries you suffered and the treatment you needed to receive.
Contact a member of our advisory team today about proving your case meets the eligibility criteria and whether you could work with an expert cycling accident solicitor from our panel. If they find you have a valid claim, they could connect you with a solicitor who could begin working on your case. To get in touch, fill out our ‘claim online‘ form.
Below we offer some additional guides relating to road traffic accident claims:
- Find out whether you could make a personal injury claim following an accident with an uninsured driver that left you injured.
- Explore cycling accident claim examples to understand when you might have valid grounds to seek compensation.
- A guide discussing frequently asked questions about road traffic accident claims including how to seek compensation for your injuries.
Also, here are some other helpful external resources:
- Information about Statutory Sick Pay from GOV.UK.
- Guidance on cycle safety from Think!
- Find out when to call 999 from the NHS.
Thank you for reading our helpful guide discussing when you could make a No Win No Fee cycling accident claim. If you have any other questions, please don’t hesitate to get in touch with our team of helpful advisors.