Getting into a bike accident while cycling or suffering an injury from a cyclist can be a huge shock to the system, physically and mentally. If you suffered a negative impact on your life due to a road user causing you harm, you may be able to claim damages for pain and suffering in addition to financial losses. Finding out how to sue for a cycling accident doesn’t have to be complicated.
The first step is to speak to one of our highly experienced advisors about your accident. They will tell you if a bicycle accident compensation claim is right for you. If you meet the eligiblity criteria to make a personal injury claim, they can connect you to one of the solicitors on our panel.
Our panel has decades of experience helping claimants claim the compensation they deserve. Furthermore, the solicitors on our panel offer a No Win No Fee contract to provide their services. This means that you won’t have to pay any solicitors’ fees upfront or as the claim progresses.
You have nothing to lose and no obligation to proceed with the services at How To Sue if you speak to one of our advisors. A friendly advisor will not only assess whether you have good grounds to make a cycling accident claim but will also estimate how much compensation you could be awarded. Get in touch today.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Frequently Asked Questions
- How To Sue For A Cycling Accident
- How To Sue For A Cycling Accident Against An Uninsured Driver
- How To Sue For Fatal Cycling Injuries
- How Much Cycling Accident Compensation Can I Sue For?
- What Are Some Common Examples Of Cycling Accidents And Injuries?
- How Can I Prove Someone Else Was Liable For My Injuries As A Cyclist?
- Can I Sue For A Cycle Accident With A No Win No Fee Solicitor?
- Frequently Asked Questions
- More Information
How To Sue For A Cycling Accident
To sue for a cycling accident, you will need to prove that the accident was caused by someone else’s negligence, as well as be within the 3-year time limit for personal injury claims.
All road users, including cyclists, owe each other a duty of care to use the roads safely. They also must abide by the Road Traffic Act 1988 and the Highway Code. If this does not happen (breach of duty), leading to you suffering harm, this is negligence and likely means you can pursue a cycling accident compensation claim.
Time Limits
As for time limits, you have 3 years to claim compensation for a road traffic accident, as outlined in the Limitation Act 1980. This begins from the date of the accident for most claims. Sometimes, such as in the circumstances below, this time limit isn’t applicable.
- If the claimant is under 18, they cannot claim by themselves until they turn 18. They can however, be represented by a litigation friend (more on this later on)
- If the claimant lacks the mental capacity to manage the claims process, the time limit will be suspended, but once again, they can be represented by a litigation friend.
How To Sue On Behalf Of A Loved One’s Cycling Accident
You can sue on behalf of a loved one’s cycling accident by becoming a litigation friend, meaning you will communicate with the solicitor and all relevant parties through the claims process. Anyone who is over 18 and has the mental capacity to claim can become a litigation friend, though all applications must be approved by the court.
Questions about eligibility? Choose your preferred way of contacting our advisors to find out more.
How To Sue For A Cycling Accident Against An Uninsured Driver
If an uninsured driver injured you, you can still sue for a cycling accident. However, your claim may have to be made through the Motor Insurers’ Bureau (MIB). The MIB compensate victims of uninsured drivers and in hit and run cases where the driver cannot be traced.
A solicitor from our panel can help with MIB claims. The eligiblity criteria is the same as any other cycling accident: another road user breached their duty of care and caused you to suffer an injury. So, regardless of whether the driver had insurance or not, you may still be entitled to cycling accident compensation.
Our advisors can give you more information about the Motor Insurers’ Bureau and assess whether you have a valid claim. Call today.
How To Sue For Fatal Cycling Injuries
If you’re wondering how to sue for fatal injuries from a cycling accident, you can find out all the vital information in this section.
Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased can claim for the deceased’s physical pain and mental suffering caused by the accident as well as their expenses from the time of the injuries until their death. This must be done in the first 6 months after the deceased’s death. The estate can also put in a claim on behalf of the dependents during this time.
In addition to this, if not done by the estate, dependents of the deceased can claim for certain expenses and a bereavement award under the Fatal Accidents Act 1976.
We understand it can be difficult to move forward after a tragic accident. Ask an advisor for more information about fatal cycling accidents today.
How Much Cycling Accident Compensation Can I Sue For?
How much cycling accident compensation you can sue for will depend on the severity of your injuries and the amount you spent on out-of-pocket expenses to cope with them.
Settlements for successful bike accident claims may include up to 2 heads of loss:
- General damages – compensates for your physical pain, emotional damage and any loss of amenity (loss of enjoyment of activities that you had enjoyed prior to the accident).
- Special damages – any out-of-pocket costs spent to accommodate your injuries.
General damages can be calculated using the Judicial College Guidelines (JCG). The JCG is a document containing possible compensation amounts for various injuries.
Except for the first row, all figures in the table are from the JCG and should be used as guidance only. How much compensation you receive could be a larger or smaller amount. Speak to one of our advisors for a better estimate of what you could claim based on your specific injuries.
| INJURY TYPE | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Multiple Injuries at a Severe Level with Special Damages | Severe injuries and special damages, including loss of earnings, domestic help and support and home adaptations. | Up to £1,000,000+ |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Moderately Severe | £267,340 to £344,150 | |
| Back Injuries | Severe (i) - Extremely serious pain and disability, incomplete paralysis with an impact on bladder and bowel function. | £111,150 to £196,450 |
| Severe (ii) - Impaired mobility and damage to the nerve roots leading to loss of sensation. | £90,510 to £107,910 | |
| Severe Leg Injuries | The Most Serious Injuries Short of Amputation (i) | £117,460 to £165,860 |
| Serious (iii) | £47,840 to £66,920 | |
| Knee Injuries | Severe (i) Development of osteoarthritis, gross ligamentous damage along with severe pain and loss of function. | £85,100 to £117,410 |
| Severe (ii) - Fracture that causes pain in the knee joint and leads to limited movement. | £63,610 to £85,100 | |
| Toe Injuries | Amputation of All Toes | £44,570 to £68,430 |
How Will Compensation Be Calculated For A Cycling Accident?
Another factor affecting how your compensation will be calculated for a cycling accident is whether or not you had any out of pocket costs. Special damages compensate for these costs. However, you will need documentation to prove your financial losses, such as payslips, receipts and invoices.
Examples of items that can be recovered in a successful cycling accident claim include:
- Any adaptations required for your home or car, like a stairlift.
- Lost income if you had to stop working due to a bike accident.
- Taxi costs to relevant medical appointments if you are unable to drive or use public transport.
- The cost of private medical treatment, including physiotherapy.
- Domestic help, such as with a cleaner or child minder, while you recover.
Can I Sue For Damage To My Bicycle?
Yes, you may be able to sue for damage to your bicycle if it is found to have been caused by someone else’s negligence. This falls under special damages as it is a financial loss. You will need evidence to show the cost of repairing or replacing your bike.
Please get in touch with one of our advisors if you want to know more about cycling accident compensation amounts. As part of your free how to sue for a cycling accident consultation, they will advise on what items you can claim for.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Are Some Common Examples Of Cycling Accidents And Injuries?
Common examples of cycling accidents include being hit by a car and car-dooring (being hit by a car door), which can cause grazes and scrapes or more severe injuries, such as brain damage. Here’s a few more examples of common cycling accidents and injuries:
- A car driving over the speed limit collides with a cyclist, leading to the cyclist having to get their toe amputated.
- A cyclist is hit by a car and breaks their wrist after the driver does not signal properly when changing lanes.
- A bike travelling within the speed limit hits an unmarked pothole, causing severe injuries.
Cycling accidents and injuries can occur in many different ways – if your injury or accident isn’t mentioned here, don’t dismiss your claim. It may still be eligible for compensation. Ask one of our advisors how to sue for a cycling accident for more information.
How Can I Prove Someone Else Was Liable For My Injuries As A Cyclist?
You will need strong evidence, such as photographs or CCTV footage, to prove that someone else was liable for your injuries as a cyclist and have a higher chance of winning your claim. Relevant evidence includes:
- CCTV footage if the accident took place in a public area – you will need to request footage within 30 days most of the time.
- Videos and photos of your injuries sustained from the accident.
- The contact and insurance details of the other person or persons involved in the bike accident.
- The contact details of witnesses to the incident – do not take witness statements yourself, but your solicitor can collect these later on.
Speak to an advisor if you want to know more about evidence for personal injury claims.
Can I Sue For A Cycle Accident With A No Win No Fee Solicitor?
You can sue for a cycle accident with our panel of No Win No Fee solicitors. Our panel use a Conditional Fee Agreement to provide their No Win No Fee service. Put simply, this means:
- You won’t pay any solicitor’s fees upfront or as the claim progresses.
- You won’t be asked for solicitor’s fees if your claim is unsuccessful.
- You pay a success fee when you receive compensation. This fee has a maximum legal percentage cap of 25%.
Claiming with our panel at How To Sue is highly beneficial if you are struggling financially due to a cycling accident. Having a solicitor by your side to help navigate the claims process can allow you to focus on your recovery. Some of the services our panel provides include:
- Accurate valuation of your claim that considers all of your injuries plus expenses.
- Negotiations with the opposing side or help with MIB claims.
- Connecting you to any specialists who could help with your recovery, such as a physical therapist.
- Ensuring that your bike is repaired or replaced with one of equal value.
- Handling the entire claims process, including sending important documents and helping you gather evidence.
Contact Our Team Of Advisors
It’s quick and easy to find out if you can claim cycling injury compensation through our team of advisors. It’s also free if you get in contact via the ways listed below.
- Call our friendly team via 0800 408 7827.
- Fill in our contact form.
- Opt for the live chat box.
Frequently Asked Questions
Discover quick answers to common questions about how to sue for a cycling accident.
How To Claim For A Bicycle Accident?
To claim for a bicycle accident, please contact our advisors to find out if you are eligible to have the support of one of the expert bicycle accident solicitors from our panel.
Can You Sue A Cyclist If They Hit You?
Yes, you can sue if a cyclist hit you and caused you an injury. Speak to one of our advisors to have your cycling accident claim assessed.
More Information
We’ve handpicked the following guides for extra reading.
- Discover how to sue for a broken nose from a road traffic accident.
- Read about the personal injury claims process.
- See our back injury claims guide.
We also chose the following external links for relevant further information.
- Read advice on Statutory Sick Pay (SSP) via GOV.UK.
- See how to report a road traffic accident to the police.
- Read the NHS guide on first aid.
Now you know how to sue for a cycling accident, please don’t hesitate to reach out and begin the personal injury claims process today.