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  • Cycling Accident Claims

Cycling Accident Claims

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Services in: Cycling Accident Claims

    • Cycling Claims & The Law

Cyclists are vulnerable road users and cycling accidents can cause serious injuries with lasting consequences. If you’ve been injured in a bicycle accident, you may be entitled to compensation or to claim on behalf of a loved one who’s been injured.

Usually, your injury will have been caused by a collision with a car, van or other road user, but it could also be due to a road or cycle lane in poor condition (e.g. potholes), or because your bike or helmet failed. Even if you’ve been injured in a hit and run and can’t identify the driver you could still claim.

Contact us today to discuss making a bicycle accident claim for compensation. We’ll arrange a free initial consultation where we’ll learn more about the accident and tell you how much compensation you could be entitled to.

If you’ve lost a loved one who was involved in a cycling accident, we can also help you to secure compensation.

Why choose Irwin Mitchell to handle your bicycle injury claim?

Our solicitors are part of the largest personal injury team in the country and we’ve decades of experience in helping clients in cycling accident claims. Supported by experienced investigators and medical professionals, they’ve the expert knowledge needed to value your claim and get you the compensation you need.

Our accident investigation team includes a former police investigator. They’ll help our lawyers gather evidence for your claim, ensuring your case is as strong as possible.

We can take most claims on a no win no fee basis, meaning there’s no financial risk to you should your claim be unsuccessful.

Our specialist solicitors are used to handling claims involving very serious injuries, so we can offer expert advice not only on compensation, but also on access to rehabilitation and access to the support needed to rebuild lives.

We put our clients first and you’ll be given all the support you need by our friendly team throughout your claim. If you sustained a serious injury, our support and rehabilitation team can connect you with medical and rehabilitation services from leading charities and private health professionals to help you make the best recovery possible.

We understand that cyclists are vulnerable road users, and we work with leading road traffic charities such as Brake and RoadPeace to help raise awareness of the dangers that cyclists face. We’re also an associate member of the All Party Parliamentary Group for Cycling and Walking, supporting the work needed to enhance safety for vulnerable road users.

Our Asset Management team will be there for you once your claim is settled. If you’ve any concerns about managing your compensation, this team of financial experts can give you tailored advice on making sure your money is there when you need it. The team can also provide a free financial health check during your claim.

Your injuries may entitle you to certain means-tested benefits, and our specialist team can help you to access these. To make sure you claim all you’re entitled to in means-tested benefits, we can set up a personal injury trust for you. This keeps your compensation separate from your other finances, stopping it from being considered when calculating your benefit entitlement.

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Peter Lorence
Peter Lorence Senior Associate Solicitor Meet The Team

More information on cycling accident claims

The first step to making a bicycle accident claim is to contact us for a 30-minute initial consultation. This consultation is free of charge and you’re under no obligation to go any further if you don’t wish. We’ll discuss what happened to you and advise if you could claim, for how much, and how you could fund your claim.

If you decide to pursue your claim with us, we’ll start by collecting all available evidence. We’ll arrange for you to be examined by a medical expert, who can give independent supporting evidence for your claim. Other evidence we can use, where applicable, includes:

  • Dashcam and CCTV footage
  • Medical records
  • Witness statements
  • Photographs
  • Police reports.

If the person responsible for your cycling accident accepts responsibility for your injuries, it’ll be much easier to settle your claim. If they admit liability early, we’ll try to secure you interim payments, which are early payments taken from your final compensation settlement and can be used to pay for ongoing treatment, rehabilitation, or loss of earnings.

We may need to start court proceedings if your opponent disputes liability or how much compensation we’re claiming for. If we need to do this, we’ll make sure you’re fully prepared and keep you informed every step of the way. We can often settle claims before going to court, even if the trial dates have already been set.

You’ll usually need to make a claim within three years of your bicycle accident, unless you’re claiming on behalf of a child or a loved one who lacks the mental capacity to claim themselves:

  • You can claim for a child any time before their 18th birthday, after which they’ve three years to claim
  • There's no time limit if you’re claiming on behalf of someone who lacks the mental capacity to claim
  • If you’re claiming for a loved one who died because of their accident, you need to claim within three years of their passing or from receiving their post-mortem results.

There's no set amount you could claim for a bicycle accident. Your compensation settlement will take into account how seriously you’ve been hurt and what the financial costs of your accident are. Once we know the circumstances of your accident our solicitors will tell you how much compensation you could get.

When working out how much compensation you should get, we’ll look at:

  • How severe your injuries are
  • The costs of your current and future medical care. If necessary, we can seek a settlement that’ll pay for treatment for the rest of your life
  • Any income you’ve lost or will lose through work absence or unemployment
  • Costs of home or vehicle adaptation required as a result of your injury
  • Damage to your bike or other property such as your helmet, clothes, phone or laptop.

Your claim will be against whoever is responsible for causing your injury. Often, this’ll be a motorist or another cyclist. However, you may be claiming against a local authority if your accident was caused by a poorly maintained road or cycle lane.

Your accident may also have been caused or your injuries worsened by a fault with your bike or safety equipment, such as your helmet or lights. In this case you could claim against the manufacturer.

While your claim will be against whoever is responsible for causing your accident, any settlement or compensation you get will likely be paid by their insurance company.

In rare cases, it may be in your best interest to take your claim to court, to get the most compensation.

However, in most situations we’ll work to keep your claim from going to court. This helps to keep the process as swift and stressless as possible for you.

We may need to begin court proceedings if the person responsible for your injuries either denies liability or disputes how much compensation we feel you need. In this situation, we’ll do everything we can to prepare you for court.

Even if court proceedings have been initiated and dates have been set, we can often still settle claims before actually going to court.

In any event, we’ll be by your side every step of the way. We’ll keep you informed throughout the process and give you the legal advice we believe gives your claim the best chance of success.

We handle most cycling accident compensation claims on a no win no fee basis and there’s a good chance we’ll make your claim this way. If your case is successful, your opponent will pay most of your legal costs, with the rest taken from your settlement. If you don’t receive compensation, you won’t pay anything at all.

If no win no fee isn’t an option, there are other ways you can pay (such as legal expenses insurance, which may be included in your home or vehicle insurance plans). You can talk to one of our road traffic accident experts about the best way to pay for your case in your free initial consultation.

Client Jaxx Cave

It was so fantastic to have Irwin Mitchell supporting my recovery. They put in place additional services for me to help me with my rehabilitation, and it was able to carry on when the community services came to an end.”

Jaxx, client

Client Story - Cycling Accident

Six-figure settlement for seriously injured cyclist Cyclist in a cycle lane

Our lawyers secured a six-figure compensation settlement for former police chief superintendent Clive Chalk, who was hit by a car while cycling in Staines.

He lost consciousness and stopped breathing after the collision and was left with life changing injuries including a bleed on the brain.

Read more about how we helped Clive.

“I know nothing will change what I’ve been through, but I know I’m lucky to be alive and I hope that by sharing my story I can encourage drivers and road users to be safe on the roads. I wouldn’t want anyone else going through what I have.” - Clive, client

peter-lorence

“While he continues to make progress with his recovery, he still has challenges to face. We’re pleased to have secured this settlement for him which will ensure he has access to the specialist treatment he needs to move forward with his life as best he can." - Peter Lorence, Senior Associate Solicitor

Read More Client Stories

Frequently Asked Questions

Can I make a bicycle accident claim if I wasn’t wearing a helmet?

There’s no legal requirement in England, Wales, or Scotland for a cyclist to wear a helmet, even though the Highway Code encourages their use.

There’s also no law that says failing to wear a helmet leads to a reduction in compensation if the accident led to a head injury.

However, it’s a factor that could be considered by the court when your compensation amount is being decided. Much of it depends on whether wearing a helmet could have significantly lessened your injuries. Sadly, some injuries may not have been avoided even if a helmet had been worn and there would be no reduction in the compensation.

This is also the case in circumstances when a law has been broken (such as if you didn't have lights on your bike and the accident occurred at night).

In both these instances the amount of compensation you receive could be reduced, but it doesn’t affect your right to make a claim.

Learn more about cycling claims and the law.

Can I still make a cycling injury claim if the driver was uninsured?

Yes, you can make a claim against an uninsured driver if they were responsible for your cycling accident. However, the process will be slightly different as you won’t be claiming against the driver’s insurer.

Instead, we’ll take your claim to the Motor Insurance Bureau (MIB), which is an organisation set up for this type of situation.

Get in touch with us to discuss your situation. We’ll advise you on the best course of action for making a cycling injury claim against an uninsured driver.

Can I make a cycling injury claim if the driver can’t be traced?

If you're involved in a hit and run accident with a driver who can't be traced, we can still help you to claim.

We'll claim through the Motor Insurers Bureau (MIB) under the Untraced Drivers Agreement. These accidents must be reported to the MIB within three years of the accident.

Read More FAQs

Related Information - Cycling Accident Claims

Serious Injury Claims – our specialist serious injury lawyers could help you get the compensation and care you deserve
No Win No Fee Personal Injury Claims - more information about making a No Win No Fee claim
Rehabilitation - by making a claim we could help you access the care and support you need to make life easier
Road Traffic Accidents Claims Guide - here are the answers to some frequently asked questions relating to accident on the road

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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