If you’ve been injured as a cyclist in a road traffic accident, you may be wondering, ‘What is the bike accident claim procedure?’. In this guide, we will explain what this procedure is. We will also explain the duty of care you are owed while using the roads, and when you may be eligible to make a claim for a cycle accident if a breach in this duty occurred.
Additionally, we will also share examples of different bike accidents that could occur and the injuries you could potentially suffer. This guide will also explain the different heads of loss that could be awarded in successful cycling accident claims, and the factors that could affect how much compensation you receive.
Furthermore, we will explain the importance of gathering evidence for your personal injury claim, as well as providing examples of evidence that could be presented to support your case. Lastly, we will look at how one of the No Win No Fee solicitors on our panel could assist you with your claim.
If you have any specific questions you would like answered, or if you would like to receive free advice for your case, you can contact a member of our friendly advisory team. You can contact us online to arrange a callback.
Select A Section
- What Is The Bike Accident Claim Procedure?
- Bike Accident Claim – When Are You Eligible To Claim?
- Potential Compensation From Cycle Accident Claims
- Evidence That Could Help You Claim Cycling Accident Compensation
- Use Experienced No Win No Fee Solicitors To Make A Cycling Accident Compensation Claim
- More Information About What Is The Bike Accident Claim Procedure?
What Is The Bike Accident Claim Procedure?
The Pre-Action Protocol for Personal Injury Claims must be followed as part of the bike accident claim process. They are a list of actions that must be followed or undertaken before a case can be heard at court. These show the court that everything has been done to resolve the matter before issuing proceedings.
- Letter of Notification: This will be sent to the defendant or the insurer, that you are likely to make a personal injury claim.
- Rehabilitation: Whether the claimant will need medical treatment or rehabilitation will need to be considered as soon as possible.
- Letter of Claim: This is a letter that is sent to the defendant stating the claimant’s intention of making a claim. It will provide an overview of the key facts on which the claim is based and further details of the injuries the claimant has suffered.
- The Response: The defendant has 21 working days to reply. The defendant will then have up to 3 months to investigate further from the date they acknowledge the Letter of Claim.
- Disclosure: Any relevant information that could help solve or clarify any issues that are being disputed is exchanged.
- Experts: The claimant will attend an independent medical assessment and a report will then be generated from this.
- Negotiations: If the defendant has admitted liability, a part 36 offer can be made during negotiations, which allows the defendant and the claimant to arrange a compensation settlement to settle pre-proceedings
- Alternative Dispute Resolution: A mediation or arbitration can be tried to resolve the issue if the parties cannot agree. If it cannot be resolved here, legal proceedings will then be initiated.
If you decide to work with a solicitor on your case, they can carry out these steps on your behalf. To see if you could be eligible to work with one of the solicitors on our panel, you can contact our advisors. They can also answer any questions you may have, such as ‘What is the bike accident claim procedure?’.
Bike Accident Claim – When Are You Eligible To Claim?
All bike accident claims must meet the personal injury claims eligibility criteria in order for them to be valid. This means that you must be able to show:
- You were owed a duty of care.
- This duty of care was breached.
- Due to this breach, you suffered injuries.
All road users owe each other a duty of care. This includes cyclists, pedestrians and motorists. Per their duty of care, they must avoid causing harm to one another by using the roads in a responsible and safe manner. Additionally, they must adhere to the Road Traffic Act 1988 and the specific rules set out for them within the Highway Code.
If you have been injured as a cyclist due to a fellow road user breaching their duty of care towards you, you may be able to claim compensation.
Examples Of Bike Accidents Caused By Motorists
Some examples of how a cyclist could be injured in a road traffic accident include:
- Due to a driver using their mobile phone whilst driving, they failed to spot a cyclist in front of them and knocked them off their bike. As a result, the cyclist sustained multiple fractured bones and a serious head injury.
- A cyclist was hit by a car due to the driver speeding and being unable to come to a stop in time at a red light. This causes the cyclists to suffer a broken rib and a shoulder injury.
- A cyclist sustained a broken pelvis after being knocked off their bike by a drunk driver.
To check your eligibility to claim, you can contact our team of advisors. They can also help answer any questions you may have, including ‘What is the bike accident claim procedure?’.
Potential Compensation From Cycle Accident Claims
Compensation settlements for all successful bicycle accident claims will contain the head of loss known as general damages.
This compensates you for the injuries you’ve suffered, both physical and psychological, as well as the pain and suffering they’ve caused you. How much compensation you could receive under this head of loss will be affected by the factors of your claim, such as:
- The type of injury.
- The initial severity of the injury.
- The treatment it requires.
- The length of the recovery period.
Those responsible for valuing claims for general damages will often refer to the Judicial College Guidelines (JCG). This document lists various types of injuries and assigns them guideline compensation brackets.
The table below lists some of the compensation guidelines that can be found within the JCG, except for the first entry. Please only refer to it as a guide.
Compensation Table
| Injury | Level of Severity | Guideline Compensation Bracket | Further Information |
|---|---|---|---|
| Multiple Severe Injuries with Special Damages | Severe | Up to £1,000,000+ | Settlements for multiple severe injuries and their special damages such as care costs, medical expenses, lost income and home modifications as well as other costs. |
| Injury Resulting From Brain Damage | Very Severe | £282,010 to £403,990 | The person will demonstrate little to not language function, will require full-time nursing care and show little response to their environment that is meaningful. |
| Neck Injuries | Severe (i) | In the region of £148,330 | Injuries that result in little to no neck movement despite wearing a collar 24/7 for years, or injuries resulting in permanent spastic quadriparesis or associated with incomplete paraplegia. |
| Neck Injuries | Moderate (i) | £24,990 to £38,490 | Neck injuries that cause severe immediate symptoms that may require spinal fusion, such as dislocations or fractures. |
| Leg Injuries | Severe (i) Most Serious | £96,250 to £135,920 | The most severe leg injuries short of amputation such as where multiple leg fractures have not united correctly and as a result, extensive bone grafting was needed. |
| Arm Injuries | Severe | £96,160 to £130,930 | These types of arm injuries, such as a serious brachial plexus injury, won't lead to amputations but the injured party is left little better off than if it had. |
| Foot Injuries | Severe | £41,970 to £70,030 | Permanent and considerable pain with mobility restricted substantially due to fractures in both feet or heels. |
| Back Injuries | Moderate (i) | £27,760 to £38,780 | There may be a risk of constant pain, discomfort and osteoarthritis following a compression or crush fracture of the lumbar vertebrae. |
| Shoulder Injuries | Severe | £19,200 to £48,030 | These type of shoulder injuries are often linked to neck injuries that result in significant disability and involve damage to the brachial plexus. |
How To Claim For Financial Losses
The second head of loss that may form the settlement of your bicycle accident compensation claim is known as special damages. This compensates you for any of the financial losses you have experienced that can be directly linked to your injuries.
These could include:
- Medical costs, such as paying for prescriptions.
- Lost income if you needed to take time off work to recover.
- The cost of home adaptations or mobility aids.
- The cost of a carer at home if you required help with your daily tasks, such as cleaning.
You’ll need evidence to prove any expenses or costs you wish to claim. This could include wage slips, receipts or bank statements.
For a free valuation of your potential compensation, you can contact our advisors. They can also help answer questions, such as ‘What is the bike accident claim procedure?’.
Evidence That Could Help You Claim Cycling Accident Compensation
An important step in the bike accident claim procedure is gathering evidence to support your case. The evidence you gather could help with determining who was liable for your accident, how it occurred and the injuries you suffered as a result.
Some examples of the types of evidence that could help to prove a personal injury claim include:
- Accident scene photographs.
- The contact details of anyone who witnessed your accident, as they could provide a statement later on.
- Dashcam or CCTV footage showing how the accident happened.
- Your medical records detailing the injuries you suffered, their severity and the treatment you required for them.
- Pictures of any visible injuries you sustained in the accident.
- Police reports if they attended the accident scene.
If you have any questions regarding the evidence that could be used to support claims for cycling accidents, you can contact a member of our advisory team. They may also connect you with one of the cycling accident solicitors on our panel. They can also help if you are still wondering, ‘What is the bike accident claim procedure?’.
Use Experienced No Win No Fee Solicitors To Make A Cycling Accident Compensation Claim
One of the solicitors on our panel could help guide you through the bike accident claim process, provided that you have a valid case.
Additionally, the personal injury solicitors on our panel usually offer to work with their clients on a No Win No Fee basis. By offering you a Conditional Fee Agreement, which is a form of No Win No Fee arrangement, you generally won’t be expected to pay them anything upfront for them to begin working on your claim. You also won’t have to pay them for their services while the claim is in progress or if it fails.
However, if your cycle accident compensation claim is a success, the solicitor working on your case will be due a success fee. They will take this directly out of your compensation as a small percentage. This percentage is capped by the law.
Contact Our Team
To see if one of the No Win No Fee solicitors on our panel could assist you with your bicycle accident claim, you can contact our advisors. They can answer any questions you may have, such as ‘What is the bike accident claim procedure?’. They can also offer you free advice for your particular case.
To discuss your personal injury compensation claim today, you can contact us online to arrange a callback.
More Information About What Is The Bike Accident Claim Procedure?
Here are a few more of our guides on road traffic accident claims:
- Further advice on the services that cycling accident solicitors may offer.
- Details on how much compensation might be awarded following a cycling accident claim.
- Information on what factors can impact your bike accident settlement amount.
Finally, we’ve added a few external links for reference too:
- A list of cycle safety advice from Think!
- Government statistics on reported road casualties in 2022 involving pedal cycles.
- NHS advice on when to go to A&E following an accident.
If you are still wondering ‘What is the bike accident claim procedure?’, you can contact our advisors.