Cycling Accident Compensation Claims
If you have been injured in a cycling accident that was not your fault, you may be able to claim compensation for your injuries. You may also be able to claim for any treatment costs, damage to your bicycle, loss of earnings and any other financial losses.
The following guide explains what you need to know if you have been injured and are thinking about taking legal action.
In our guide to claiming
cycling accident compensation:
The number of cyclists on Britain's roads has grown significantly in recent years. As a result of COVID-19, it is predicted that people will take to two wheels in ever-growing numbers.
The National Cycling Charity publishes the latest data available in 2020. The charity's research shows that 43% of the population now own a bike or have access to one.
Cycling accidents have risen broadly in line with the number of cyclists. According to the most recent 2019 figures supplied by the Royal Society for the Prevention of Accidents (RoSPA), 18,375 people were injured in bicycle accidents that were reported to the police in the UK in 2016.
In 2018, 99 pedal cyclists were killed, 4,106 seriously injured and 13,345 slightly injured in Great Britain
Of these, 3,397 people were seriously injured, and a further 102 people were killed.
It is thought that most cycle accidents are not reported to the police. These figures may represent only a fraction of the actual number of people injured each year.
What to do after a cycling accident
Once you have sought medical attention, there are a number of things you should do that can help a future compensation claim:
After a cycling accident - checklist:
- Obtain full details of the driver including the vehicle registration number and insurance company
- Obtain details (name and phone number) of any witnesses to the accident
- Take photos of the aftermath especially vehicle positions, any road markings and evidence of what you are wearing (proving you were visible could help your claim)
- Report the accident to the police
- Keep any receipts for expenses incurred together with estimates for bike repairs or replacement bicycle parts.
- Get multiple estimates from suitable retailers or repairers. (Unreasonably high expenses may not be recoverable)
- If you have to replace your bike, it is advisable to retain the original bicycle involved in the accident, even if it is severely damaged.
- Keep any damaged items such as helmets, gloves or other protective outerwear. These items may need to be inspected at a later date.
- At the very least, you should take photographs of the damaged items. These photos may help support medical evidence when you make a claim, for example, by indicating the severity and direction of the impact.
Do I have a cycling accident claim?
A cycling accident injury claim should be possible if your injury happened:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
What if the road accident was my fault?
If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.
In these cases, claims are usually settled with a split liability agreement.
For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.
What if the driver was uninsured or untraceable?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a cycling accident claim on their own behalf.
Do I need a diagnosis to make a cycling accident claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a cycling accident claim after an accident, the more likely your claim is to succeed.
Can I claim if I was working as a bike courier?
Bicycle couriers operating in central London cover an average of 60-80 miles a day, five days a week.
Around 75% of severe or fatal cycling accidents occurring in urban areas. Of these 75% at or near road junctions and 80% in daylight (according to RoSPA).
The conditions that cycle couriers work in mean even the most experienced cyclists are vulnerable to serious road accidents.
If your injury was sustained through an accident that was not your fault, it might be possible to claim compensation from the third party who caused the accident.
It may also be possible to claim against the courier's employer if they were fully or partly responsible.
Quittance can help couriers recover much-needed compensation from employers, property owners and other road users.
We have experience in assisting couriers injured in various circumstances, including:
- Road accidents
- Slips, trips and other injuries while on foot, making a delivery
- Lifting and manual handling injuries, caused by large, heavy or unsuitable packages
- Injuries arising from faulty equipment, or where adequate protective equipment (PPE) was not provided
What if I am a self-employed bike courier?
An injured cycle courier may be unable to work for an extended period and therefore may claim for loss of earnings.
Lost wages can be claimed in addition to other special damages, such as a replacement bicycle or treatment costs and physiotherapy.
As a self-employed courier, you will be treated as though a company employed you when making a claim. However, calculating lost earnings can be more complicated.
It is often not a simple matter of presenting wage slips. However, your solicitor will be able to help you quantify and prove lost earnings as well as calculating potential lost future earnings.
Read more about injury claims for self-employed workers.
The amount of money you could claim for your cycling accident will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your cycling accident has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a cycling accident? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a life-threatening internal injury can be £52,000
For a less severe arm injury, in isolation, you would typically receive £4,000.
However, if you have a life-threatening internal injury and a less severe arm injury, you would typically receive £52,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a cycling accident claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a cycling accident will depend entirely on your specific circumstances.
Your cycling accident compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Can I claim for prescription costs?
Special damages?are awarded for costs or losses incurred as a result of the cycling accident injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?
Cycling accident compensation
Calculating how much compensation you can claim for a cycling accident injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your cycling accident claim could be worth now:
How long does a cycling injury claim take?
How long it can take to secure compensation for a cycling accident can vary considerably.
For example, a simple uncontested road accident claim could be settled in a month or two. However, if liability is denied the process might take substantially longer. Normally a road accident claim takes between 4 and 9 months. Read more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your cycling accident claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I get advice on treatment options?
As part of the cycling accident claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc
Years of experience
Quittance Legal Services assists clients in achieving maximum compensation awards for their injuries.
Our personal injury advisors have years of experience in recovering the best possible compensation awards through insurance companies and the courts.
Our clients include:
- cycle commuters
- mountain bikers
- sport and recreational cyclists.
Serious injury experience
NHS data suggests that more than 40% of cyclists involved in an accident sustained head injuries - from severe skull fractures to minor concussion and cuts.
The courts recognise the serious, and potentially long-term, impact that head and brain injuries, including concussion can have, and compensation awards and settlements consequently can be high.
Injuries to limbs are also frequent; over 40% incurred some injury to their arms, and 25% to their legs. Although chest and abdomen injuries are less frequent they can be serious and often accompanied by head injuries.
Our experts have successfully recovered compensation for cyclist injuries from the following:
- drivers turning across the paths of cyclists
- drivers changing lanes without looking
- drivers failing to spot cyclists on roundabouts
- 'dooring' incidents involving a person exiting a parked car
- cyclist falls caused by potholes and poorly maintained roads
- cyclists hurt by pedestrians stepping out in front of them
- cycle couriers injured during a delivery
No win, no fee
Under a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make a cycling accident claim without needing to worry about upfront legal fees. If your cycling accident claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making a cycling accident claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my cycling accident claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my cycling accident claim?
If your cycling accident claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Cycling accident FAQ's
What if I was cycling at night (or in a poorly lit environment) without lights?
There are few cycling accidents in the day than at night.
It is illegal to cycle on a public road after dark without lights and reflectors. Although this does not necessarily preclude making a cycling injury claim - it can affect the amount of compensation awarded.
If the accident occurred between sunset and sunrise and the cyclist was not displaying lights (as defined by RVLR) the courts may consider you to have been entirely or partially at fault by not making other road users aware of your presence. This is described as 'contributory negligence'.
The judge may also decide that if you had complied with the regulations and were therefore visible, the injury may have been avoided or less severe.
In the event of contributory negligence, any compensatory award would be subject to a 'split liability' agreement where compensation is apportioned in accordance with blame.
Can I claim if I was injured when cycling on the pavement?
Cycling on the pavement is illegal in England and Wales. But if you were injured cycling on the pavement you may still be able you claim compensation.
Can I claim if injured by an opening car door?
If you are a cyclist and were injured by a driver opening their car door, a cycling injury compensation claim should be possible.
Is cycle helmet camera footage admissible in injury claims?
The short answer is 'yes', however, there are a few things you can do to make sure that the footage actually supports your cycling accident claim.
Is it illegal to ride a bicycle when drunk?
Section 30 Road Traffic Act 1988 reads:
'A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.'
Depending on the circumstances of your accident, it may still be possible to make an injury claim.
Read more: Is it illegal to ride a bicycle when drunk?
Making a claim - FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
How likely am I to win a cycling claim?
If you were injured on your bike in the last three years in an accident that was not their fault, you may be eligible to claim compensation.
To win a claim, your solicitor will need to establish 'causation', meaning that your injuries must have resulted from the accident.
The solicitor will also need to establish that the defendant (the driver or other party who caused the accident) was legally responsible for the cycling accident.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a cycling accident claim?
In general, you have a time limit of up to 3 years from the date of the cycling accident to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your cycling accident claim becomes 'statute barred'.
Can I claim for a cycling accident after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim cycling accident compensation.
In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.
Read more about this Quittance Legal Expert