What Can I Claim?
If you’ve been involved in a cycling accident, you may be able to make a claim for injuries, damage or losses suffered as a result. This applies even if you were partly to blame. If the accident was caused by a motorist, the claim will be pursued against the driver’s insurance company.
If it was caused by an uninsured or untraced motorist, you can make a claim through the Motor Insurers’ Bureau. If it 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.
Macks Solicitors offer free initial advice and guidance. We’ll guide you through the claims process and ensure you’re awarded the maximum compensation you’re entitled to.
We’re often asked, “How much compensation will I receive?” At the outset of a claim, it’s not always possible to give a clear answer to this question. This brief guide aims to demystify how lawyers assess the correct amount of compensation after a cycle accident and explain what you as a client can do to assist us in recovering the highest amount for you.
The first hurdle in any compensation claim after a cycling accident is to establish that somebody else was at fault. This is usually a driver, or the highways authority if the condition of the road is to blame.
For the purpose of this guide, however, let’s assume that someone has admitted fault for the accident.
The next step, after establishing somebody else was at fault, is to discuss with you what types of losses you have incurred and set about obtaining evidence to prove and quantify the amount of them. Compensation recovered for these losses is known as your “damages”.
In all personal injury claims, including cycle claims, two types of damages can be recovered, Compensation For Your Injuries and Out Of Pocket Expenses.
Compensation For Your Injuries
To assess this element of your claim we often obtain your medical records (unless the injuries are minor, in which case the records may not be needed) before referring you to an independent doctor.
The type of doctor instructed will vary depending on the nature of the injuries. If you have suffered a fracture, we may refer you to an orthopaedic surgeon. If you have suffered less serious injuries, it may be more appropriate to instruct an Accident & Emergency consultant or a GP.
In certain cases we may need to refer you to several doctors. We’ll always ensure that the most appropriate doctor is used to recover the most compensation possible for you.
That doctor or doctors concerned will meet you to perform an examination. During this examination, they’ll ask you to describe how the accident happened and discuss your injuries.
As the examination may not take place until several months after your accident, it can be helpful to record details of your recovery and, if you have suffered cuts, bruising or other similar injuries, to keep a photographic record of those injuries to show the doctor at the examination.
After the examination, the doctor will prepare a medical report setting out how long they estimate it will take you to recover. It will also include details of any treatment that may help speed up your recovery.
The total Compensation For Your Injuries is calculated by considering how long the doctor feels it will take you to recover, whether you will be left with any ongoing problems (which in cycle claims often includes scarring), whether you need further treatment and whether you had to stay in hospital.
We will consider these factors and look at the official court compensation guidelines, together with the outcome of other similar cases, as well as using our own extensive knowledge to properly assess the amount of General Damages you should receive.
This is compensation for any “out-of-pocket” losses you incur as a result of your cycling accident. It includes any losses that can be precisely calculated.
In a cycling accident compensation claim, it will usually include amounts for the damage to your bike, helmet and cycling clothing, but may also include any loss of earnings, travel expenses incurred while you were without your bike, painkillers, prescription charges and time spent by any friends and family members providing care for you.
There is no limit to the amount of financial loss for which compensation can be recovered following a cycle accident, as long as the loss has genuinely been incurred and is reasonable.
In certain cases, we may arrange for your bike to be inspected by an engineer, or ask you to take it to a local bike shop for a post-accident assessment. This will help to claim for the cost of repairing the bike or, if it cannot be fixed, ensure the correct amount is claimed for a like-for-like replacement.
You should always keep a full record of all your expenses from the outset and retain all receipts. You should also hold onto the damaged bike or any damaged equipment until your claim has concluded. Without evidence, it can be much more difficult to recover compensation for these losses.
Total Compensation Amount
Despite what some solicitors may tell clients, there is no “typical” settlement amount. The total cycle accident compensation amount is calculated by considering each element of the claim separately.
While similar injuries should attract similar amounts of compensation, every client incurs very different financial losses. This is especially the case in cycle claims, where ther’s a huge range of specialist cycles and equipment that could have been damaged.
It is important to instruct a solicitor who is experienced in dealing with cycling claims to ensure your claim is dealt with in the correct manner and that you recover the correct amount of compensation.
Our specialist lawyers have recovered millions of pounds on behalf of injured claimants and will guide you through your cycle claim.
Recovering the full cost of getting your bike repaired or replaced, so you can get back on the road as soon as possible.
To alleviate pain, help you return to work or get back on your bike. We will help you make the best recovery possible.