By Stephen Anderson. Last Updated 10th May 2022. In this guide, we will look at potential bicycle accident claim payouts. In order to make a claim, you need to show that the negligence of another road user led to the accident in which you were injured. This guide will explain what that means, provide examples of potential payouts and illustrate the benefits of using a cycle accident solicitor from our panel.
If you prefer, you can always contact our helpful team of advisors. They can answer any bike accident queries you have. They’re available 24/7, are completely free to contact and can tell you if you can claim quickly and easily. Furthermore, they can also connect you to a personal injury solicitor from our panel to help with your claim.
You can get in touch at a time that works for you using the below details:
- Call us on 0800 408 7825
- You can contact us on our website.
- Use the Chat window on the right of your screen.
Select A Section
- What Are Bicycle And Road Traffic Accident Claims?
- What Do You Need To Know About Bicycle Accident Claims?
- How To Go About Making A Bicycle Accident Claim
- How Are Bicycle Accident Claim Payouts Calculated?
- Examples Of Bicycle Accident Claim Payouts
- Contact Us To Find Out About No Win No Fee Bicycle Accident Claim Payouts
A road traffic accident is an accident, collision, crash, incident or event that involves at least one vehicle on the road colliding with another object or road user. These kinds of accidents can cause injury, and the severity of the injury could be affected by the kind of road user that is affected.
If you’ve been hit by a car while on your bike, for instance, you might sustain more severe injuries than you would have if you’d been in a car that hit another car. This is because you’re not awarded the protection of a vehicle.
All road users have a duty of care to one another. In the UK, the ways that road users are expected to act is outlined in The Highway Code. If you’ve been injured because another road user has breached this duty of care, you could receive compensation.
However, it isn’t just road users that have a duty of care to one another. Occupiers of public space (those in control of them) also have one to ensure that areas they own can be used safely by members of the public. In Great Britain, this is outlined in The Occupier’s Liability Act 1957. Highways England are the organisation responsible for maintaining motorways and major roads, and councils are responsible for maintaining B roads as per the Highways Act 1980. Therefore, if you’ve suffered cycle injuries due to the unsafe conditions of a public road, you may be able to claim against the responsible party.
It’s important to remember that you need to prove that your injury was caused by a third party breaching their duty of care. Bicycle accident claim payouts are only ever made when the claimant has proven that third-party negligence was at least partially responsible for the injury.
Please contact our team for free legal advice to learn more about this. They’re available 24/7 and can inform you about your claim eligibility.
This section will highlight other crucial aspects to claiming after a bike accident. To claim successfully, you need to prove that negligence was responsible for your injury. If the injury is deemed partly your fault, it will lower the potential compensation received at the end of the claim.
Another important aspect is the length of time you have to claim. In most cases, you have three years to begin claims proceedings. This is either from the date of your injury or the date you became aware that negligence led to your symptoms. In England and Wales, the personal injury claim time limit is established in The Limitation Act 1980.
You can also claim against an uninsured or untraceable driver through the Motor Insurers’ Bureau (MIB). They are financed by car insurers which is how you’re able to receive compensation through them.
Furthermore, as previously mentioned, our panel of solicitors can work your case on a No Win No Fee basis. The full benefits of this will be detailed further below, but one of the advantages is that you may find it easier to claim from a financial perspective. Please contact our team 24/7 using the above details to learn more about this.
Personal injury solicitors can help claimants receive bicycle accident claim payouts. However, you don’t need to use a solicitor to work on your claim; you can do this yourself.
However, we do always recommend working with a solicitor, as this can make the claims process run more smoothly. Therefore, this section will outline the general procedure to claim if you were to hire legal counsel.
- The solicitor will request more information from you regarding how the accident occurred and the injuries you sustained.
- They will then help you acquire evidence to build your case. This can include witness statements, medical scans, photographic evidence of the injury and CCTV footage.
- At this stage, the solicitor should be able to inform you of the amount of compensation you could receive. They will then begin pre-action protocols.
- This involves the solicitor sending a Letter of Notification to the relevant insurance company. This should be acknowledged within fourteen days of receipt.
- After that, your solicitor will issue a Letter of Claim. This will lead to a disclosure of relevant documents from both parties to ascertain their liability.
- The insurer can either admit or deny liability. If they accept liability, the solicitor will negotiate a settlement on your behalf.
- If all of the pre-action protocols have been performed and the insurer still denies liability, your solicitor can appeal to have the case taken to court.
For more information on how your compensation claim could progress, speak to an advisor today. They can offer you free legal advice about the process of claiming compensation.
Many factors affect accident claims payouts. If your claim is successful, the amount of compensation you could receive depends on considerations like:
- The extent, nature and severity of the injury. For example, you could receive more compensation for a particularly severe head injury as opposed to a minor soft tissue injury.
- Your age. If you’ve suffered a life-changing injury at a younger age, you could receive more compensation as a larger portion of your life will be affected.
- Whether any permanent damage was caused.
- The length of recovery time.
- Other losses you may have experienced. This will be outlined in the next section.
Injuries sustained in bicycle accidents can have a wide range of repercussions. For example, you could sustain a herniated disc that causes you pain and discomfort for years to come. In addition to this, you might sustain psychological damage as a result of your injuries.
For more information on the different factors that might influence how much you receive, speak with one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel.
Bicycle accident claim payouts can be affected by two potential heads of compensation. General damages relate to the injuries you’ve experienced – the pain and suffering caused, whether you’ve suffered physical or psychological damage. Special damages, meanwhile, relate to the financial losses suffered by the injury.
The Judicial College could help give you a better idea of the compensation you could receive for general damages. They analyse payouts and relate them to the nature of the injury. Therefore, they’ve created these guideline compensation brackets which you can see below.
|Injury Type||Severity||Notes||Compensation Amount|
|Neck Injury||Severe (ii)||This bracket includes injuries such as serious fractures and cervical spine disc damage that causes symptoms like permanent damage to the brachial plexus.||£65,740 to £130,930|
|Back Injury||Severe (iii)||Cases in this bracket include disc fractures or soft tissue injuries that lead to chronic conditions despite treatment.||£38,780 to £69,730|
|Ankle Injury||Severe||Injuries in this bracket involve extensive periods of treatment and/or the ankle being in plaster for a lengthy period of time.||£31,310 to £50,060|
|Injuries to Pelvis and Hip||Moderate (i)||This bracket is for a significant injury to either the hip or pelvis but permanent damage is not major and there is not a great risk of any future complications.||£26,590 to £39,170|
|Leg Injury||Less Serious (i)||This bracket covers soft tissue injuries which are deemed serious or leg fractures that lead to an incomplete recovery.||£17,960 to £27,760|
|Knee Injury||Moderate (i)||Injuries in this bracket involve torn cartilage or dislocation causing symptoms such as wasting, weakness or minor instability.||£14,840 to £26,190|
|Post-Traumatic Stress Disorder||Moderate||Cases in this bracket will lead to psychological issues after the incident. However, the injured person will largely recover. Therefore, there will be no continuing effects that are grossly disabling.||£8,180 to £23,150|
|Shoulder Injury||Moderate||This bracket is for injuries including a frozen shoulder that leads to serious movement limitation and discomfort that lasts for around two years.||£7,890 to £12,770|
|Shoulder Injury||Minor (iii)||Cases in this bracket are for soft tissue shoulder injuries that cause considerable pain but where an almost complete recovery is made within three months.||Up to £2,450|
|Arm Injury||(d)||This bracket covers simple fractures of the forearm.||£6,610 to £19,200|
It’s important to remember that these brackets only give you an indication of what you could receive. As part of your claim, you will be invited to a medical appointment where your injuries will be assessed; the report from this meeting will be used to value your claim.
As stated above, if your claim is successful, the amount you receive can depend on many factors. This includes whether you’re entitled to any special damages as part of your claim.
Special damages can cover losses such as:
- Loss of earnings
- Travel costs
- Loss of future earnings
- Private healthcare costs
- Adjustments to your home
However, you would only receive special damages compensation if you receive general damages for the same bicycle accident claim. This is because if you don’t receive general damages, the third party was adjudged not to be responsible for your injury.
Furthermore, you would need to prove the value of the financial losses. You would need to supply evidence, including receipts, invoices and bank statements.
You may want to know more about what No Win No Fee means. The advantages of claiming on this basis include:
- Not paying your solicitor’s legal fees in order to secure their services or while the claim is being worked on.
- Only paying them once a settlement has been reached. They will take a small, legally capped compensation portion to cover these fees.
- Not having to pay your solicitor anything in the event that you aren’t awarded compensation.
If you would like to know more about how bicycle accident claim payouts can be claimed, please contact our team at a time that works for you. Our advisors are available 24/7, can be contacted for free and can tell you quickly and easily if you can claim.
They can also put you through to a personal injury solicitor who could work your case on a No Win No Fee basis. If you would like to find out more, you can:
- Call us using 0800 408 7825
- You can contact us on our website.
- Use the Chat window on the right of your screen.
Motorcycle And Bicycle Accident Claim Guides
You can use the below links if you’d like to know more about bicycle accident claim payouts.
Would you like to know more about cycle safety? If so, read this article on the Government website.
Cycling UK details some safe road guidance.
You can find out when to visit an urgent treatment centre on the NHS website.
Do you want to see if you can claim for a broken leg? If so, read this article on our website.
This article contains everything you need to know about road traffic accident compensation claims.
You can find out more about trauma compensation claims by reading this article.
If you would like to speak to an advisor about bicycle accident claims or potential compensation for a bicycle accident, then you’re welcome to contact Public Interest Lawyers for help. You can reach us using the contact details featured in this guide.
Article by AU