If you’re wondering, “How can a cyclist claim against a car driver?”, then this guide should help. It starts by explaining when cycling accident claims against drivers may be possible. You’ll also read some examples of the types of cycle accidents that can be caused by car drivers.
After that, we explain how compensation is calculated in personal injury claims and, importantly, the types of evidence cyclists could present to improve the chance of being compensated.
Finally, as our panel of cycling accident solicitors provide a No Win No Fee service, we explain how it works if you decide to claim compensation.
For all cycling accident compensation claims, our team can provide free advice as part of a no-obligation consultation. You can enquire about your claim online by completing our contact form.
How Can A Cyclist Claim Against A Car Driver
Please continue reading to learn how a cyclist can claim against a car driver or contact us for free advice on if you can claim cycling accident compensation through our contact form. Once our advisors have assessed your case, they could connect you to one of the legal professionals on our panel if you have a valid claim and want to proceed.
Browse Our Guide
- When Are You Able To Make A Cycling Accident Claim?
- How Can A Cyclist Claim Against A Car Driver?
- Examples Of Car Driver Negligence That Could Lead To Bike Accident Compensation
- Personal Injury Compensation In A Cyclist Claim Against A Motorist
- Use No Win No Fee Cycling Accident Solicitors To Claim Compensation
- Read More About How A Cyclist Can Claim Against A Car Driver
When Are You Able To Make A Cycling Accident Claim?
All road users must adhere to the rules set out in the Highway Code and the Road Traffic Act 1988. Road users have a duty of care to navigate the roads in a way to prevent injury and damage. This is a legal duty of care.
You may be entitled to begin a personal injury claim for cycling accident compensation if:
- At the point of your accident, the car driver owed you a duty of care.
- Your cycling accident only happened because the driver breached that duty of care.
- It can be shown that you sustained injuries as a direct consequence of that accident.
When answering the question, “How can a cyclist claim against a car driver?” we always point out that evidence must be available to prove liability for the accident and the extent of the cyclist’s injuries. This is something we’ll explain in more detail in the next section.
For now, if you believe you have a valid claim for a road traffic accident, why not complete the contact form at the bottom of this page to see how much your potential claim could be worth?
How Can A Cyclist Claim Against A Car Driver?
In order to answer the question, “How can a cyclist claim against a car driver?”, it’s important to discuss potential evidence. Collect evidence to demonstrate how the accident happened. It will also need to prove why the driver was liable for the accident and any injuries you’ve suffered.
The types of evidence that could help you strengthen a bike accident claim include:
- Details of the driver, their vehicle and insurance details at the accident scene if safe to do so.
- Photographs taken at the scene of the accident.
- Contact details of any potential witnesses.
- A diary about how your injuries have affected you.
- Copies of medical records could help here too.
- CCTV, helmet cam footage or dashcam footage of the accident.
If you do work with a solicitor from our panel, part of their service may include gathering further evidence to substantiate your claim.
Please get in touch if you’d like us to review your claim in a free consultation and to check if you have enough evidence to proceed.
Is There A Time Limit To Making A Bike Accident Claim?
Time limits in personal injury claims must be adhered to if you’re to be compensated. For a personal injury claim following a road traffic accident in the UK, the time limit set out by the Limitation Act 1980 is 3 years from the date of the accident.
However, for cycle accident claims involving those under 18 years old, or claimants lacking the mental capacity to make a claim, there are exceptions.
Time Limits For Cycling Accident Claims
If you’d like to ask “How can a cyclist claim against a car driver?” or if you have any other questions about the claims process, please contact our team today.
Examples Of Car Driver Negligence That Could Lead To Bike Accident Compensation
Let’s now look at some examples of cycling accidents that can be caused by car drivers:
- A cyclist is hit in a rear-end collision because a driver was not paying due care and attention. As a result, the cyclist suffered injuries of a severe nature, a skull fracture and other broken bones causing severe pain and suffering.
- A cyclist was hit by a car as it went through the traffic lights when they were on red. The cyclist suffered a fractured arm and dislocated shoulder as a result.
- A driver over the legal drink drive limit lost control of their vehicle and hit a cyclist. This resulted in a serious back injury and a neck injury.
Evidence For Cycle Accident Claims
If you’ve been hit by a car while cycling and believe that you have a valid personal injury claim, please complete the contact form below.
Personal Injury Compensation In A Cyclist Claim Against A Motorist
No two claims for road traffic accidents are the same, which means it’s difficult to say how much the payout for a car accident with a bike will be at this stage. However, we can show you how the claim will be calculated if successful.
If you work with a road traffic accident solicitor from our panel, they’ll arrange an independent medical assessment on your behalf. This will help them to calculate how much compensation could be awarded for the head of loss known as general damages. This covers pain, suffering and loss of amenity.
Your solicitor might refer to the Judicial College Guidelines (JCG) to help value your general damages as it contains guideline compensation brackets for a variety of different injuries. The compensation table below contains JCG data for your reference. However, these compensation amounts are not guaranteed they are for guidance only.
Compensation Table
While the first line in our table is good for illustration purposes, it has not been taken from the JCG.
| Injury | Category | Compensation Guidelines | Extra Information |
|---|---|---|---|
| Multiple Severe Injuries + Additional Special Damages | Severe | Up to £1,000,000 + | A payment for both physical and emotional suffering caused by multiple severe injuries. Includes special damages to cover the cost of care, lost earnings and home modifications amongst other things. |
| Brain and Head Injury | Very Severe | £282,010 to £403,990 | If any, there will be little evidence of meaningful environmental response. Also, the injured party will suffer double incontinence, need full-time nursing care and will have little or no language function. |
| Neck Injuries | Severe (i) | Around £148,330 | Neck injuries linked to incomplete paraplegia for example. |
| Moderate (i) | £24,990 to £38,490 | Examples include fractures or dislocations that leave markedly reduced function, limitation of activities and vulnerability to further traumatic injuries. | |
| Back Injuries | Severe (ii) | £74,160 to £88,430 | Where loss of sensation, unsightly scarring, impaired bladder control, reduced mobility and loss of sensation are linked to nerve root damage. |
| Shoulder Injuries | Severe | £19,200 to £48,030 | Such injuries are often linked to neck injuries and will involve brachial plexus damage. |
| Other Arm Injuries | Less Severe | £19,200 to £39,170 | Where a substantial amount of recovery has occurred despite significant disabilities initially. |
| Knee Injuries | Moderate (i) | £14,840 to £26,190 | Torn meniscus (or cartilage) injuries or dislocations resulting in weakness, wasting and minor instability. |
| Skeletal Injuries | Fractures of the Nose or Nasal Complex (i) | £10,640 to £23,130 | For example, multiple or serious nasal fractures requiring several operations. |
Claiming Financial Losses In A Bike Accident Claim
A second head of loss, special damages, might also contribute to any settlement you receive. This loss covers expenses and costs linked to your injuries. In a bike accident claim, this might include:
- Medical costs.
- The cost of adapting your home to help you cope with any permanent injuries.
- Lost income (including future losses).
- Support and care costs.
You will, of course, need to prove any losses you claim here. Therefore, you should retain any financial evidence, such as wage slips and bank statements, to support your claim.
Why not complete our contact form at the base of this page so that we can provide a potential value for your bike accident compensation claim?
Use No Win No Fee Cycling Accident Solicitors To Claim Compensation
Seeking legal advice and taking on specialist representation can be a good way of reducing stress. If you have an eligible claim and it’s accepted by a solicitor from our panel, they’ll manage your claim under a Conditional Fee Agreement (CFA) to provide a No Win No Fee service.
Where a CFA is used you:
- Won’t need to pay anything for your solicitor’s services upfront.
- Won’t pay for your solicitor’s work while the claim is ongoing (or if it’s lost).
- Will have a success fee deducted from any compensation you receive. However, for your protection, the success fee percentage that is allowed is capped by law.
No Win No Fee Cycle Accident Solicitors
To find out more about how can a cyclist claim against a car driver or to see if No Win No Fee personal injury solicitors from our panel could help you to do so, enquire about your claim online.
Read More About How A Cyclist Can Claim Against A Car Driver
Here are some more guides on how to make claims for road traffic accidents:
- Advice on when claims involving an uninsured driver might be possible.
- Details of how to claim for injuries sustained in a hit and run
- Information on fatal car accident claims and how compensation is awarded.
Finally, here are a few external links:
- A government report on accidents involving pedal cycles in 2022.
- NHS information on when to visit an urgent care centre rather than A&E.
- A cycling safety campaign from Think! (run by the Department of Transport).
For more on how can a cyclist claim against a car driver, or for free advice on if you can claim cycling accident compensation, use our contact form. Once our advisors have assessed your case, they could connect you to one of the specialist solicitors on our panel if you have an eligible claim and want to proceed.