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Cycle Law

FAQs

If you have been involved in an accident while cycling, and sustained injury as a result, you may be able to make a cycle claim. This applies even if you were partly to blame. If the accident was caused by a motorist then the claim will be pursued against the driver’s insurance company. If the accident was caused by an uninsured or untraced motorist, you’re entitled to make a claim through the Motor Insurers’ Bureau. If the accident was as a result of a poorly maintained road, cycle track or path, you may be able to recover compensation against the local authority or landowner. At Macks we offer free initial advice and guidance on your right to make a claim. Call 0800 980 3585 (lines are open from 8am to 9pm). You can also complete our online claim form.

Your claim is broken down into two categories – compensation for your injuries and out-of-pocket expenses resulting from the accident. Compensation for your injuries includes pain, suffering and loss of amenity. Out-of-pocket expenses includes both past and future losses, repairs to your bike or a replacement, replacement clothing and equipment, private medical treatment, travelling expenses, lost earnings or loss of employment opportunity, prescriptions, medication, medical equipment, aids or adaptations to your home and the cost of carrying out jobs around the home and garden. We can guide you through the claims process and ensure that you are awarded the maximum compensation that you are entitled to. You can call one of our cycle claims specialists on 0800 980 3585 (lines are open from 8am to 9pm). You can also complete our online claim form.

Yes, if liability is admitted by the other party’s insurers you can recover the cost of your bike repairs or the cost of a replacement bike if the damage is uneconomical to repair.You will be awarded the pre-accident value of your bike. We can arrange for the bike to be inspected by an independent specialist to ensure that you receive the maximum compensation. If you arrange for your bike to be repaired or replaced, it’s important that you keep evidence of the damage, such as photographs and/or a report from the repairer. You must also keep any receipts for the expenses you incur, so these can be included as part of your claim.

Yes, we can deal with all aspects of your claim from start to finish, including repairs to your bike. We have a wealth of experience in dealing with cycle claims. We understand how important your bike is and can arrange for a specialist firm to carry out an inspection and report on the damage. They will provide an estimate of the cost of repairs or a replacement, if necessary. Alternatively, you can approach a bike shop of your choice to prepare the report and quote for repairs. We can then seek an early interim payment to enable you to be riding again as soon as possible.

It’s very difficult to accurately value your claim for compensation until a medical report is available to give a prognosis for your condition. If you have suffered serious injuries, it may be necessary to obtain reports from several doctors and specialist consultants before an accurate prognosis can be made. Once the reports have been obtained and agreed, our specialist cycle claims team can prepare a report on the value of your claim, with reference to the current court guidelines and previously decided cases. In addition to a claim for your injuries, you will also be reimbursed for your out-of-pocket expenses. We suggest that you retain as much documentary evidence as you can in the form of receipts, invoices, quotes etc to assist in recovering your outlay in full.

Adults who are over the age of 18 have three years from the accident date to issue court proceedings in respect of a claim. Children who are below the age of 18 at the time of the accident have until their 21st birthday to do so (that is, three years from their 18th birthday). If you are claiming for property damage only and there is no claim for personal injury, an adult’s claim must be brought within six years of the date of loss and a child’s claim must be brought before their 24th birthday. Only in extremely exceptional circumstances can a claim be brought after these dates and it’s always best to bring a claim as soon as possible, as the strength of evidence fades with the passage of time.

Yes. Any items that have been damaged as a result of the accident can form part of your claim. This includes clothing and equipment such as your helmet, lights, cameras and monitors, in addition to a claim for the bike itself.

Yes. If you were found partly to blame for the accident you can still make a claim for compensation. It is likely, however, that any compensation awarded to you will be subject to a deduction for contributory negligence – that is, that you were partly to blame for the accident. The deduction is agreed with the other side in percentage terms, so the higher the degree of contributory negligence the higher the deduction made from your damages. It’s important to seek advice from a cycle claims specialist to ensure you recover the maximum compensation that you deserve. Call 0800 980 3585 (lines are open from 8am to 9pm) for a no-obligation chat. You can also complete our online claim form.

Yes. If you’ve been involved in a hit and run incident you can still pursue a claim for compensation. A claim must be submitted to the Motor Insurers’ Bureau (MIB) under the Untraced Drivers’ Agreement. It’s important that your accident is reported to the police as soon as possible to ensure that you are not prevented from submitting a claim.

Yes. If you’ve been involved in an accident that was caused by an uninsured motorist you can still pursue a claim for compensation. A claim must be submitted to the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers’ Agreement.

If you’ve been involved in an accident as a result of a motorist, it’s important to obtain as much detail as possible from the driver, such as their name, address, contact telephone number and details of the vehicle, including the make, model colour and, most importantly, the vehicle registration number. If the accident was as a result of a defective road surface, photographs and measurements of the road are imperative and should be taken as soon as possible after the accident. In all cases, you will need to provide details of the accident date and time, the location and details of the weather conditions. The more information you can provide at the outset of your claim, the easier the process will be.

Yes. The cost of private medical treatment forms part of your claim. Treatment can be arranged by us, the other party’s insurers or by you. If you arrange for treatment yourself, please ensure that you keep all receipts and reports so we can seek to recover your outlay.

Yes. Currently, it is not a legal requirement to wear a cycle helmet. It’s really your choice whether to wear a helmet or not, but it’s always advisable to protect yourself as much as possible when cycling. If you suffer an injury that could have been prevented or reduced by wearing a helmet, your compensation may be reduced as a result of your decision not to wear a helmet contributed to the injury sustained. You should always seek specialist legal advice.

Yes. Currently, it’s not a legal requirement to wear high visibility clothing when cycling. It is, however, always advisable to protect yourself as much as possible when cycling and to make yourself as visible as possible to other road users. Your compensation could be reduced if the other party successfully argues that the accident was wholly or partly your fault because you were not visible on the road. You should always seek specialist legal advice.

All our claims are dealt with on a “No Win, No Fee” basis. There’s nothing to pay up front and nothing to pay if your claim is unsuccessful. Each case is considered on its merits, so please contact one of our bike specialists to discuss funding for your claim. Call 0800 980 3585 (lines are open from 8am to 9pm) for a no-obligation discussion. You can also complete our online claim form.

Potentially, yes. Most public roads are the responsibility of either the relevant local authority or the Highways Agency, who have a duty to maintain the road and repair any dangerous defects (including potholes) that may arise. The issue of whether the pothole was “dangerous” will depend very much upon the individual circumstances. However, as a general rule, a height change of 40mm or more on a road and 20mm or more on a footpath will generally be considered “dangerous” and in need of repair.

The local authority or Highways Agency may have a defence if it can prove it had in place a reasonable system of inspecting and repairing the road. This is because it is accepted that they can’t be aware of every pothole as soon as it appears. If they can prove they have a system of periodically inspecting the roads, and if the pothole responsible for your accident was not present at the time of the last inspection, they may potentially have a defence to your claim. You should seek specialist legal advice to consider the circumstances of your accident in more detail.

Cycle Compensation

Our specialist lawyers have recovered millions of pounds on behalf of injured claimants and will guide you through your cycle claim.

Cycle Repairs

Recovering the full cost of getting your bike repaired or replaced, so you can get back on the road as soon as possible.

Rehabilitation

To alleviate pain, help you return to work or get back on your bike. We will help you make the best recovery possible.

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