Cycling Accident Claims

• Obtain the driver’s details; you’ll need their registration number and their insurance details.  The registration number is the most important piece of information.
• Obtain the contact details of any witnesses to your accident.
• If it is safe to do so, take photographs and videos of the scene, including vehicle positions, road markings, fixed landmarks like road signs and evidence of what you are wearing. Proof that you were visible helps your claim.
• If you have a head cam or vehicles involved have a dashcam, obtain that person’s details so you can access the footage.
• Report the incident to the police as soon as possible.
• Keep a record of any medical treatment you receive.
• Keep a record of your account of the accident.
• Keep receipts for expenses, including bike repairs or replacement parts.
• If you have had to replace the bike from the accident, ensure you keep the original bicycle, even if it is severely damaged, as this is vital evidence.  You may be unable to recover the replacement cost without evidence of the damage to your original bike.
• Keep damaged items such as clothing and protective gear.  Insurers may want to inspect these before making payment to you to repair or replace the damages items.
• Take photos of damaged items, as this will support medical evidence. They could, for example, demonstrate where the impact occurred and the severity of your injury.

• Hierarchy of road users: Cyclists have the right of way over vehicles, but pedestrians have the right of way over cyclists.
• Priority at junctions: Cyclists should give way to pedestrians waiting to cross the road at a junction or zebra crossing. Drivers should not cut across cyclists; this applies when using a cycle lane, track or on the road.
• Parallel crossings: All other road users must give way to pedestrians and cyclists.
• Overtaking: Drivers should be at least 1.5 metres away when overtaking at speeds of 30mph.
• Opening car doors: Drivers should use ‘the dutch reach’ when opening doors, using their hand opposite the door to open it.
• Group riding: Cyclists can ride two abreast but should be aware of vehicles. Allow them to overtake when safe to do so. Cyclists should call out to alert others.
• Road position: Cyclists should ride in the centre of the lane and move to the left to allow vehicles to overtake when safe.
• Cycle lanes: Cyclists have the right of way on cycle lanes but are not obligated to use them.
• Crossing in front of drivers in slow-moving traffic: Drivers should allow cyclists and pedestrians to cross in front of them.
• Stop lines: Cars should allow cyclists time and space to move when the green signal shows.
• Roundabouts: Cyclists have priority.

• Your bike must have two functioning brake systems.
• You must be visible to other road users and wear the appropriate clothing or a headlamp.
• Riding a bike with a helmet is advised but not mandatory.
• At night your cycle must have white front and red rear lights lit.
• Your bike must be fitted with a red rear reflector, a white front reflector, amber reflectors on your pedals and spoke reflectors.
• Cyclists are not obliged to use cycle lanes and may exercise their judgement.
• You must keep to the side intended for cyclists on cycle tracks.
• Do not pass pedestrians, horse rides or horse-drawn vehicles closely or at high speed, particularly from behind.
• Do not pass horse-drawn vehicles, moving traffic or long vehicles on the left.
• You must not cycle on the pavement.
• Do not pass between the curb and a bus when it is at a stop.
• You must not carry a passenger unless your cycle is adapted to do so.
• You must not hold on to a moving vehicle or trailer.
• You must not ride in a dangerous, careless or inconsiderate manner.
• You must not ride when under the influence of drugs, including medicine.
• You must obey all traffic signs and light signals.
• You must avoid crossing the stop line when at traffic lights.
• Do not ride across a pelican, puffin or zebra crossings. Dismount and wheel your cycle across.
• You must not cross toucan crossings until the green symbol is showing.

Adults have a three year period from the date of the accident to settle a claim or to issue Court Proceedings, failing which the claim becomes statute barred.  However, this rule does not apply to minors. Up until the age of 18, a parent, guardian or litigation friend can file a claim on behalf of an injured child. Or, the injured child can make the claim themselves until they’re 21.

You can still place a claim even if you think you were partially responsible. In these cases, claims usually settle on split liability, meaning if you take 50% of the responsibility, you receive only 50% of the compensation.  We can advise you of your prospects of success when you make an enquiry with us.

If the driver was uninsured, you can pursue a claim through the independent body MIB (Motor Insurers’ Bureau), which pays compensation to victims of uninsured drivers.

• The severity of your injury
• The level of financial loss

• General damages (PSLA) are awarded for past, present and future physical or psychiatric injuries. It is one overall sum that covers two elements: pain and suffering and loss of amenities. If you have multiple injuries, the most severe injury is calculated first, with a reduced amount for additional issues added.
• Special damages are specific to the losses and expenses from the accident. It covers lost earnings, medical treatment, physiotherapy, damage to property, travel costs, costs of care and costs of adapting your home or car.