Insights

Cycling Accident Claims

MSR are here to support cyclists. If you’re involved in an accident that wasn’t your fault, the MSR team will help you get back on your bicycle as soon as possible and will run your claim for compensation. MSR can help arrange physiotherapy and other rehabilitative treatment as well. 

Cyclists are classed as “vulnerable road users” because they have a higher risk of injury than those travelling in motor vehicles. Cyclists are more likely to experience serious injuries when involved in accidents. 

No matter how careful or experienced you are on the roads, dangerous driving by other road users or poor road conditions can lead to minor and serious accidents. 

If you’ve been injured in a cycling accident that wasn’t your fault, you may be able to claim compensation. As well as physical and mental injury, it can have a lasting impact on other areas of your life. Your working hours, job role, and your relationships with family and friends can all be affected. 

WHY MAKE A CLAIM? 

Many cyclists don’t realise that if you are involved in an accident where you’re not at fault, even where only minor injuries are suffered, you might be able to claim compensation. Making a claim is a straightforward process and is made against the insurance company of the party at fault. 

When injured in accident that wasn’t your fault, the law says you should be compensated for that injury. If your bicycle or equipment is damaged, you should also be compensated for that loss or damage. 

ARE YOU ELIGIBLE TO CLAIM? 

We need to be able to clearly show that someone else was at fault for the accident. Some examples of this are below: 

  • You can make a claim if your accident was caused by unsafe conditions such as potholes, uneven surfaces, faulty light systems or missing road signs. These types of claims are made against the local authority, or Highways England. 
  • You are able to make a claim if you were involved in a collision with another road user. If you were hit by a car, your compensation will be claimed from the other driver’s insurer. There does not have to be contact between a you and a motor vehicle for you to be able to claim. You can also claim if you had to take evasive action to avoid a collision. 
  • You may be able to claim compensation if you were injured due to defective equipment like a faulty helmet or bicycle. This type of claim would be made against the manufacturer of the product. 
  • You can make a claim where a person in a parked motor vehicle opens their door into your path as you are cycling by. The claim would be made against their insurer.

To determine whether you have a valid claim, you should consider the following factors: 

  • Liability: You will need to prove that someone else was at fault for the accident such as another driver or a local authority. 
  • Causation: You will need to show that the injuries suffered were a direct result of the accident, and not due to any pre-existing condition or other unrelated cause. 
  • Damages: You will need to demonstrate that you have suffered losses because of the accident. This can include physical injuries, medical treatment, and loss of earnings. 

HOW DO YOU PROVE LIABILITY IN A CYCLING ACCIDENT CLAIM? 

To prove liability in a cyclist accident claim, you should take the following steps: 

  • Collect evidence of the accident: Take photographs of the location, other parties, bicycle damage, and any obvious injuries. 
  • Obtain insurance details from the other parties. 
  • Obtain details of any witnesses: Request statements from any witnesses stating what they saw. 
  • Report the accident: Call the police. A police report can be useful in determining liability. 
  • Seek medical assistance: Visit your GP or a hospital to have your injuries assessed and receive any necessary treatment. 
  • Keep records of any expenses: These can include bicycle repairs, medical expenses bills, or loss of earnings. 
  • Your solicitor will do the rest to ensure you receive the compensation you deserve. 

HOW MUCH COMPENSATION CAN YOU RECEIVE? 

If you are involved in a cycling accident that wasn’t your fault, you can claim compensation for any losses you have suffered because of the accident. These losses can include: 

  • Physical injuries, psychological injuries and associated medical expenses. 
  • Loss of earnings due to time off work. 
  • Damage to your bicycle and other property. 
  • Alternative transportation costs while you recover. 
  • The cost of any care and assistance you need due to any disability caused by injury 

Every accident is different and the amount of compensation you can receive for your claim will depend on the severity of your injuries, the impact they have on the way you live, and how long you take to recover. MSR will work with you to gather the evidence to support your claim and will negotiate with the other party’s insurance company to reach a suitable settlement. 

As part of your claim, you will undergo an independent medical examination with a medical expert to assess your injuries. We use the report provided by the expert to help us measure the extent of your injuries. 

The Judicial College Guidelines and recent case law set the ranges of compensation for all areas of personal injury. MSR use the ranges set out in the guidelines and the compensation awarded in recent similar cases as a guide to estimate how much compensation you should receive. 

HOW LONG DOES A CYCLING ACCIDENT CLAIM TAKE 

How long it takes to settle your case can vary depending on the complexity of the accident circumstances and the severity of your injuries. If everything runs smoothly and fault is admitted quickly, some simple cases can be concluded in a matter of 3 months. Sometimes it can take up to 3 years. If fault is disputed and your injuries are severe, it might be necessary to take the claim to court. MSR will always work to settle your case as quickly as possible and will keep you informed through the whole process. 

DO YOU HAVE TO GO TO COURT TO MAKE A CYCLING ACCIDENT CLAIM? 

Most accident claims are settled out of court through negotiations with the other party’s insurance company. If fault is not admitted we may need to issue court proceedings for a judge to decide who was at fault. If your injuries are severe we may need to wait until you are closer to recovery before settling your claim. If this takes longer than 3 years, we may need to issue court proceedings to ensure you do not exceed the time limit to make a claim. 

DO YOU NEED A SOLICITOR TO MAKE A CYCLING ACCIDENT CLAIM? 

While it is not a legal requirement to instruct a solicitor to make a bicycle injury claim, it is highly recommended. These types of claims can be complex and time-consuming, involve negotiations with insurance companies and solicitors, and they could end up with court proceedings. Insurance companies may also try to settle claims for less than they are worth, but having MSR on your side can help you negotiate a fair settlement. Instructing MSR will also allow you to focus on your recovery without having to worry about legal details. 

CAN YOU FUND YOUR CLAIM WITH A NO WIN, NO FEE AGREEMENT? 

MSR take our fees as a percentage of the compensation you receive. This means you will not have to pay any up-front legal fees. Our fee will be 25% of the compensation you are awarded. This is deducted at the end of a successful claim. 

If you don’t win your no win no fee claim, you don’t pay us any legal fees. 

Depending on the complexity of the claim, you may need an insurance policy to cover the cost of disbursements such as the medical report. Again, you will not have to pay for this up-front and the cost will be deducted from you compensation award. 

IS THERE A TIME LIMIT TO MAKE CYCLING ACCIDENT CLAIMS? 

There is a three-year time limit from the date of your accident to make a claim. However, it’s best to get the process started as soon as possible, while the events are still fresh in your mind. It also gives us the maximum amount of time to gather the evidence we need and deal with any issues with the other party’s insurance company. 

There are some exceptions to this rule. If you were under the age of 18 when the accident took place and your parents or guardians did not make a claim on your behalf, you will have three years from your 18th birthday to make your claim. 

CAN YOU MAKE A CYCLING ACCIDENT CLAIM ON BEHALF ON SOMEONE ELSE? 

Sometimes accidents can cause serious injuries such as head and brain injuries which might affect your loved one’s decision-making ability. This may mean that they’re unable to claim compensation for themselves. 

MSR can advise you on making a claim on their behalf and work with you to make the claim in their best interests. 

CAN YOU MAKE A CYCLING ACCIDENT CLAIM IF THE OTHER PARTY WAS UNINSURED OR DIDN’T STOP? 

If the party at fault for the accident was not insured or did not stop at the scene, it is still possible to make a claim. The Motor Insurers’ Bureau (MIB) exists to provide compensation to victims of uninsured or untraced drivers. The process is a bit more complex and there is a requirement that the accident was reported to the police, but the MIB can pay compensation if you meet their requirements. 

KEY POINTS WHEN CLAIMING COMPENSATION FOR A CYCLING ACCIDENT 

  • You can claim compensation if you’ve been involved in a cycling accident that wasn’t your fault. 
  • The amount of compensation you can claim can vary considerably and is based on the severity of your injuries. 
  • Compensation can also be claimed if your bicycle and other property were damaged. You can claim for any medical treatment you may need, and any other expenses. 
  • In most cases, you have up to three years after your bicycle accident to start your claim. 
  • MSR can act for you on a No Win No Fee basis.

*This article is not legal advice but provides a general overview. The specific details of your case will determine the best course of action.