Cycle Accident Claims

While much has been done to improve cycle safety cyclists still remain alarmingly vulnerable especially in our trafficchoked cites With more people taking to their bikes more cyclists of all ages and abilities are likely to run the risk of becoming involved in a serious cycling accident that could have a devastating impact on their lives and families

Share

Having successfully represented injured cyclists of all ages our specialist lawyers are well placed to deal with your claim. If your accident was caused by the carelessness of others or poorly maintained roads, contact our team. We will aim to get you back in the saddle and help rebuild the lives of those who can't.

While much has been done to improve cycle safety, cyclists still remain alarmingly vulnerable, especially in our traffic-choked cites. With more people taking to their bikes, more cyclists of all ages and abilities are likely to run the risk of becoming involved in a serious cycling accident that could have a devastating impact on their lives and families.

Understanding the issues that face cyclists, the laws affecting them and the types of injuries or losses they suffer is key. Many of our experienced team of lawyers contribute to legal advice columns and specialist cycling websites such as the Environmental Transport Association.

With remarkable results in obtaining pay-out for damaged bikes, loss of income, physical injury, adaptations to homes and alternative transport, Access Legal's bicycle accident team are especially expert in cycling accident claims involving rights and liability disputes.

We have a proven expertise in cases involving the Motor Insurers Bureau (MIB) because the party at fault is uninsured or untraceable and against manufactures for accidents caused by defective products.

When it comes to funding your cycle accident claim, we can talk you through the various options available. In the vast majority of cases we can act on your behalf on a No-Win-No-Fee basis. Since we are part of a large UK law firm, we can also call on expert advice and assistance with other legal needs that may flow from your cycling accident claim to provide a one stop service.

I want to know

cycle accident government help & benefits

Government help and benefits are available if you have been injured in a cycle accident, but such assistance will not usually cover any damage to the bike itself. Your eligibility for benefits following a bicycle accident will depend entirely on the type and severity of the injuries you have suffered, not the nature of the accident itself.

Injuries that are probably going to improve on their own over a few weeks are unlikely to qualify for any support. To find out exactly what you are entitled to, visit your local Jobcentre Plus. Other useful sources of help and information include the Citizens Advice Bureau. Charities such as RoadPeace offer support and information for all road crash victims, including cyclists.

In general, government support is either means-tested, based on current income and savings, or based on your National Insurance contributions and an assessment of the level of your disability.

Means-tested benefits include income-related employment and support allowance, housing benefit and council tax relief. Benefits based on assessment of your disability can include personal independence payment and industrial injuries disablement benefit as well as help to buy or hire mobility equipment. If you need a carer to look after you, you may be able to claim additional support.

how do I make a claim about a cycling accident

If you have been involved in a bike accident within the past three years you can make a claim for injury and financial losses. If you only want to make a claim for damage to your bicycle, this can be done if the accident occurred within the past six years.

Cycle accident claims can be very complex, especially if the issue of contributory negligence is raised or the defence of automatism is used. It is always best to seek help from a law firm with specialist bicycle accident solicitors who are also members the Association of Personal Injury Lawyers (APIL).

Your claim will usually cover your injuries and any limitations those injuries have forced on you, such as an inability to carry out usual household chores. These elements are referred to as ‘general damages’.

The other ’special damages’ component of a claim would cover financial losses such as repairing or replacing your bicycle and damaged clothing, increased travel costs due to being unable to cycle, loss of earnings and any private treatment costs.

If liability is admitted, it should simply be a case of providing evidence of your injury and financial losses and agreeing the value of your cycle accident claim with the other side’s insurer. If liability is not admitted, or is disputed, investigations will need to be made to gather evidence to prove liability which will obviously affect the length of time it takes to conclude your cycle claim.

if I have a cycling accident case

If you were injured in a cycling accident you have every right to pursue a cycle accident claim, as long as the incident happened within the past three years. You may require life-long medical treatment and (if liability is admitted) the other party’s insurer will pay for that and restoring or repairing any damaged equipment.

In any civil personal injury case, it is up to you and your legal team to prove that a third party was indeed to blame for the accident that caused your injuries and damage to your bicycle.

Equally, as legitimate road users, cyclists must also follow all road traffic and highway laws. Not doing so carries the risk of prosecution. That said, a cycle accident claim is not decided on whether or not a law has been broken, but who is legally to blame for the accident on the ‘balance of probabilities’.

Many cyclists are concerned that they may not have a case for making a cycle accident claim and will be found to be ‘contributory negligent’ by not wearing a helmet, that is they have to accept some responsibility for their injuries. There is no law to compel cyclists of any age to wear helmets, even though doing so is recommended in the Highway Code and by many cycling bodies.

You could still have a good cycling accident case even if you were found to be contributory negligent and partly to blame for the accident. All that means is that a percentage of legal fault will be apportioned to both sides and any eventual financial damages award will reflect that percentage split.

more about cycling accident claims

Pay-out awards made in a cycle accident claim will include recompense for your pain and suffering and any restrictions those injuries may place on the activities of life. In addition you will receive payments to cover your financial losses and expenses (past and future) e.g. the cost ongoing treatment for your injuries, loss of earnings, repair or replacement of your bike, the cost of care. It is up to us to prove that a third party was legally at fault and caused your injuries and loss.

Gathering evidence about how the accident happened is essential. The Access Legal guide to 'what to do after a cycle accident' describes some of the ways in which you can help us to help you make a successful cycle claim. In addition to the steps suggested, you should always keep any damaged parts of the bike and if possible dig out the receipts for any clothing, equipment and accessories that may also have been damaged in the accident. When there is a conflict in the evidence ‘ the balance of probabilities’ test will apply.

If you were knocked off your bicycle by a motor vehicle you should report the accident to the police as soon as possible. if your accident was caused by an uninsured or un-traced driver you can still pursue a claim through the Motor Insurers Bureau (MIB) which can award damages to cover both your injuries and repair or replacement of your bike and equipment.

Cycle accident claims FAQs

Our Experts

'You need to have a legal team who are caring, who you absolutely trust and who will tell you the truth. Certainly from our point of view Denise Stephens from Access Legal has been absolutely amazing.'

Cycling Accident Claims

We've been giving cyclists solid legal advice for more than 20 years and our cycle accident claim specialists will support and advise you and your family throughout your claim.

Why Access Legal

Who we work with

Our Accreditations