Cycling Accident Claims
With so many people making the effort to lower their carbon footprint, there has been a significant rise in bicycle sales throughout Scotland in recent years. Undoubtedly the bicycle is becoming the public’s first choice of transport to and from work, with many councils implementing bicycle sharing systems.
With the rise in bicycle popularity, there has also been a rise in the number of bike accidents and fatalities. Many road users fail to take the necessary care around cyclists and this, combined with the fact they have next to no protection, means they run a greater risk of being seriously injured in an accident.
Unfortunately, most recent figures show that cyclists are 17 times more likely to be injured or killed on UK roads. These figures are on the increase each year, which is mainly due to the increasing popularity of cycling which attracts many riders onto the roads.
This increase in cycle accidents corresponds to an increase in the number of bike accident compensation claims.
Accident on bikes occurs mainly as a result of the following:
- Actions of other road users.
- Spilt liquid
- Potholes and other road defects
- Objects in the road
- Mechanical fault or defective equipment.
The issue of using a cycling helmet is particularly important when it comes to making a cycle accident claim. If you weren’t wearing a helmet when you were involved in an accident this may have an impact on your claim.
Under rules 59 to 82 of the Highway Code; cyclists should wear a helmet and reflective clothing to ensure that they can be seen by other road users.
Effects of a bike accident
Effects of a cycling accident can be severe, even life-threatening in some cases. Any cyclist who sustains a road collision will have to spend time in hospital possibly followed by a lengthy rehabilitation period. They will usually require specialist services such as physiotherapy in order to make a full recovery.
All of this will puts a strain on them, their partner and the entire family. Not to mention the financial hardship that comes with giving up up work for a long period of time.
Making a claim for compensation for an accident on a bike
There are several parts that make a bicycle accident claim including the injury itself as well as costs of any damage to your bicycle and or helmet. If this is extensive then replacements will be needed. Plus the expenses mentioned above, relating to the injury: physiotherapy, trips to the hospital, traveling expenses and loss of earnings.
The time limit for claiming compensation for a cycling accident
There is a 3 year deadline for cycle accident claims which starts from the date of the original accident.
Mental Capacity – if the person involved is incapable of making a claim themselves, there’s no cut-off date, until they regain full ability to do so.
Children – claims involving children under the age of sixteen have until their 19th birthday.
Car Accidents Abroad – closing dates differ from country to country. However, you will still be able to make a claim within three years from the accident under Scottish law.
Criminal Injuries – if your injuries were caused deliberately, you have a separate right to claim under the Criminal Injuries Compensation Authority (CICA). The cut-off date for creating a claim through the CICA is 2 years from the incident.
Questions? Please get in touch
If you’ve been involved in a bicycle accident in Scotland or overseas you may be are entitled to compensation. To find out more on bicycle accident claims and how to start one, please contact our no win no fee bicycle accident solicitors on 0131 555 7055 for a free evaluation of your circumstances.
Cycling Accidents – Frequently Asked Questions
If you have suffered an injury while on your bike, you may be entitled to a claim for compensation.
The first step is to contact us for a free no obligation consultation. As soon as we’ve got the details we will confirm if you’re entitled to claim. Once you’ve been through the initial steps, we will handle everything on your behalf and contact the person responsible for your accident to let them know you are seeking compensation for your injuries and any associated accident damages. We will keep you updated on the progress of your claim at all times so you don’t have to worry about anything.
You can claim for compensation after an accident if you were a cyclist who was injured through no fault of their own.
If you’ve been involved in a cycling accident and you weren’t at fault you have a right to be compensated for:
- Medical, rehabilitation and hospital expenses
- Loss of earnings or earning capacity
- Replacement or repair of your bicycle, and accessories affected by the accident
- Any future expenses as a result of the injury
- Home modification and care expenses
- Pain, suffering, and loss of enjoyment of life.
You might even be able to claim if you were partially responsible for the collision. However, in these cases, the compensation awarded will be lower in value, due to your involvement.
The standard cut-off date for making a personal injury claim is 3 years from the date of the accident. However, there are some exceptions to this rule:
- Mental Capacity – if the person involved is incapable of making a claim themselves, there’s no cut-off date, until they regain full ability to do so.
- Children – claims involving children under the age of sixteen have until their 19th birthday.
- MIB – if the vehicle which caused the damage/injury was uninsured or is untraced you may have a right to claim against the Motor Insurers Bureau (MIB). The cut-off date for pursuing a claim against the MIB is usually 3 years from the date of the accident.
- Criminal Injuries – if your injuries were caused deliberately (i.e. the vehicle was used as a weapon), you may have a separate right to claim under the Criminal Injuries Compensation Authority (CICA). The cut-off date for creating a claim through the CICA is 2 years from the incident.
Every case is completely different, and several factors influence how quickly your claim is settled. For example, the severity of injuries is a big aspect and also whether details for the vehicle and driver responsible can be traced. Unfortunately accidents where the vehicle and driver are untraced usually take much longer. When liability is in dispute, or where the driver/vehicle is located but was uninsured, it will usually take much longer for your claim to settle.
The amount of compensation you’ll be able to claim for can vary considerably. When injuries are more significant, the compensation can be a lot of higher because of the impact the injuries will have on your lifestyle, work and even personal relationships. In such cases, the compensation received will support you throughout recovery and long after your claim to make sure you receive the appropriate treatment, support and rehabilitation.
Our personal injury compensation calculator will help you estimate the amount you may be able to claim for. However, the figures should be taken as a guide.
For a complete and accurate analysis of your hit and run road traffic accident claim, please phone us on 0131 555 7055. Or contact us through our form.
In order to pursue a claim you must attempt enquiries to identify the vehicle/driver responsible. You must provide as much information as possible regarding the accident, driver and the vehicle concerned. You must report the incident to the police within 5 days of the accident. For claims for injury you must report the incident to the police within 14 days.