A Guide to Claiming Cycling Accident Compensation

If your life, or the life of a loved one, has been affected by a cycling accident we can help.

The purpose of this guide is to help anyone who has suffered a cycling accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction?

Britain's roads are becoming gradually more 'cycle-friendly', and there has been a slight reduction in the number of fatalities over the past five years.

Serious and less serious injuries have increased in absolute terms, although the numbers of cyclists have increased in the same period.

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.

Cycling Injury Claim

What are the statistics?

The number of cyclists on Britain's roads has grown significantly in recent years. The National Cycling Charity publishes the latest data available in 2019. 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.

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

You should compile as much evidence of the costs and losses you have incurred as a result of the accident:

  • 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 position and any road markings
  • 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.

However, if these two points don't apply, a claim may still be possible.

To confirm whether you are eligible to claim you can speak to a legally trained adviser on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. We will not put you under any pressure to pursue a claim.

You can also find out if you have a claim with our Online Claim Checker.

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.

Read more about when there is uncertainty as to who is to blame.

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.

Read more

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.

Read more about claiming injury compensation on behalf of a child.

What if the other party denies liability?

If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your cycling accident. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.

Check my claim

How much compensation can I claim for a cycling accident?

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

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

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
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple cycling accident 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.

For example:

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.

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.

See the injury table above for some examples.

Find out what your cycling accident claim could be worth now

Assessing a claim's value at the outset can be complicated, particularly if you have multiple injuries.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Calculate my claim

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?

For adults, the general rule is no, you cannot start a claim more than three years after a car crash or other road accident.

However, if you were injured as a child, you do have up until your 21st birthday to make a claim.

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 still be able to claim for a cycling accident after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

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.

Who pays for this specialist help?

The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.

Expert cycling accident solicitors

Quittance offer specialist legal advice and assist clients in achieving maximum compensation awards for their injuries and other losses.

Our cycling accident team focus on cycling claims and 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 specialist solicitors 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

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 am 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.

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.

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.

Read more about making a No win, no fee claim

Please note, under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning road accident claims. Your solicitor will fight for the best possible compensation settlement for you.

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:

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Cycling Accident 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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s 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.

Read more: Will my injury claim go to court and what if it does?

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert