Home Bicycle Accident Claims: What Cyclists Need To Know

Bicycle Accident Claims: What Cyclists Need To Know

September 19, 2024 Personal Injury Claims

If you’re involved in a bike accident that wasn’t your fault you may be entitled to compensation. However, the claims process can be time-consuming, tedious, and overwhelming.

Fortunately, this article provides essential details about bicycle accident claims, compensation amounts you may be entitled to, and how to claim for these accidents in Scotland.

Jones Whyte’s expert team of over 240 solicitors, legal executives, and professional business support staff are here to assist with all your bicycle accident-related claims.

Contents

What is considered a bicycle accident?
What does a bike accident claim cover?
What type of cycling injuries can you claim for?
How much compensation can you claim for a cycling accident?
How do you claim for bicycle accidents in Scotland?
Why you should consider making a cycling accident claim
The benefits of using Jones Whyte’s bicycle accident solicitors
Frequently asked questions

What Is Considered A Bicycle Accident?

A bike accident is any incident involving a bicycle that results in personal injury or property damage.

Cycling accident solicitors – like Jones Whyte – are experts in claims relating to bike accidents and will guide you through the entire process. This includes gathering evidence and calculating your compensation claim based on your injuries.

For a better understanding, here are a few common accidents you can claim for:

Motor vehicle collisions: This is the most common type of bike accident, often caused by distracted/negligent drivers (drink driving, improper lane changes, etc.).
Road hazards: Poor road conditions, potholes, debris, or uneven surfaces can cause cyclists to lose control and fall. These accidents may or may not involve third parties.
Bicycle malfunctions: Mechanical failures like brake problems or tyre blowouts can lead to accidents.
Collisions with third parties: Accidents involving pedestrians, other cyclists, or rogue animals can occur at any time, causing a cyclist to lose control and fall.
Fixed objects: A cyclist may collide with barriers, poles or other stationary objects, leading to significant injuries or property damage.

What Does A Bike Accident Claim Cover?

Cycling accident claims cover several types of compensation, including:

Physical injury compensation

A personal injury claim covers the injuries sustained in a bike accident, such as broken bones and head injuries. Hospital, rehabilitation, counselling, and ongoing treatment bills typically form part of these personal injury claims.

Psychological compensation

Personal injury compensation claims can also cover ongoing mental or psychological distress, such as trauma or anxiety caused by the accident, both during and after the incident.

Property damage compensation

Property damage claim – covers the cost of repairing/replacing damaged property (e.g. bicycles).
Personal item claim – covers any other personal items damaged in the accident (e.g. mobile phones, helmets, cyclist kits, navigation devices, and expensive accessories such as cleats, chains, and power meters).

Special damages compensation

Loss of earnings – if injuries prevent the cyclist from working, lost wages can be claimed.
Travel expenses – if the cyclist needs to use alternative forms of transport to get to and from work or doctor appointments.
Hired help – if the cyclist needs to hire extra help for day-to-day tasks as a result of their injuries, such as day nurses, carers, or housekeepers.
Out-of-pocket expenses – any other expenses directly related to the accident and the cyclist’s injuries, such as home renovations or vehicle modifications to accommodate wheelchairs. Future medical costs for ongoing treatment and rehabilitation are usually also included in these claims.
Non-financial losses – this may include compensation for the loss of enjoyment in life and any impact on your relationships as a result of the accident.

What Type Of Cycling Injuries Can You Claim For?

There are many injuries you can claim for when injured on your bike. While some individuals may only experience minor bumps and bruises, others can suffer more severe or fatal injuries.

Here is a list of common cycling injury claims:

Limb injuries

These include sprained, fractured or broken arms and legs. While cyclists often recover fully from these injuries, the pain and inconvenience of long recovery times can be financially draining.

Body injuries

Other types of body injuries sustained in cycling accidents include:

Knee
Hip
Finger
Back
Shoulder
Ankle
Road rash

Chest and abdomen injuries

Blunt trauma to the chest or abdomen can result in serious injuries such as internal bleeding and/or organ damage.

Facial injuries

In more serious cases, reconstructive surgery or skin grafts are needed to repair soft tissue lacerations and open fractures. Dentistry also forms part of your personal injury claim should your teeth be damaged in an accident.

Head injuries

These can range from concussions and minor cuts to brain damage or fatal injuries. “Closed head injuries” are the most severe, whereby no visible wounds are apparent. These often result in paralysis, skull fractures, cognitive issues, or even death.

Disability or impairment

Injured cyclists can claim compensation for long-term or permanent disability/impairment resulting from an accident.

Fatality

Eligible family members – spouse, children, cohabitants – can submit a fatal accident claim as per the Damages (Scotland) Act 2011, should an accident result in death.

How Much Compensation Can You Claim For A Cycling Accident?

The amount of compensation you can claim for a cycling accident in Scotland varies significantly based on several factors:

The severity of the injuries
The circumstances of the accident
The associated financial losses

How Do You Claim For Bicycle Accidents In Scotland?

To submit a cycling injury claim, you must follow these steps:

Step 1: Contact a specialist cycling accident solicitor

Find a qualified lawyer, such as Jones Whyte, who specialises in cycling accidents.

We will help you gather evidence, calculate compensations due, negotiate with third-party insurance companies, and guide you through the claims process. Our law firm offers a no-win, no-fee arrangement, meaning you won’t have to pay legal fees unless you win the case.

Step 2: Gather evidence

Our expert cycling accident solicitors will help you gather the appropriate paperwork to support your claim, such as:

Photographs
Witness statements
Police reports
Medical reports describing the injuries suffered and treatment given
Compensation calculations

Step 3: Claim submission

We will prepare and submit your claim to the relevant third parties on your behalf, following the Pre-Action Protocol for Personal Injury Claims. This process involves:

Letter of Intimation: Our solicitors will issue a letter of intimation to the defender, notifying them of the claim being made.
Rehabilitation: Both parties decide what medical treatment the claimant needs.
Response: The defendant has 21 calendar days to respond to the initial Letter of Intimation, with a further three months to investigate the case.
Disclosure: Relevant documents must be disclosed to help resolve the case.
Negotiations: Discussions between both parties take place to resolve the personal injury case. If the defender admits liability, settlement negotiations may follow to agree on compensation without the need for court proceedings.

How long do you have to make a claim?

Making a cycling accident compensation claim is no different to a standard road traffic accident whereby claims must be submitted within three years from the accident’s date.

Step 5: Await the outcome

Once your claim is submitted, you may need to provide further documentation or attend medical assessments to confirm the severity of your injuries. The defender’s insurance company usually requests this.

Step 6: Settlement or court proceedings

If a settlement is reached, you will receive fair compensation for your sustained injuries. If the defendant contests the claim or offers an inadequate settlement, our cycle accident solicitors will guide you through the court proceedings.

Why You Should Consider Making A Cycling Accident Claim

Here are a few reasons why you should consider making a claim:

Recover financial losses: Compensation can help cover medical bills, lost wages, and property damage.
Seek justice: Pursuing a claim can hold the responsible party accountable for their negligence.
Compensate financial burdens: Recovering damages can alleviate the financial stress associated with an accident and any out-of-pocket expenses you may incur.
Promote road safety: Successful claims can encourage safer driving and improve cycling conditions, potentially leading to legislation changes.
Peace of mind: Knowing your bike accident is being handled by our expert cycle accident solicitors gives you peace of mind.

The Benefits Of Using Jones Whyte’s Bicycle Accident Solicitors

Here are a few advantages of choosing Jones Whyte’s specialist cycling lawyers:

Expertise: Our law firm is highly knowledgeable in Scottish law and understands the complexities of bike accident claims. We have helped countless individuals with cycle accident claims, securing a 4.9/5 Trustpilot rating.
Virtual services: We offer both in-person and virtual consultations, which is particularly helpful if you’re bedridden due to your injuries.
Fees: Jones Whyte offers a no-win, no-fee agreement, meaning you won’t pay solicitor fees unless your case is won. Knowing these upfront costs mitigates any nasty financial surprises further down the road.

Key Takeaways

A bike accident is any incident which results in personal or property damage while riding a bicycle.
Cycling accidents can range from road traffic collisions and bike malfunctions to collisions with pedestrians or animals.
Cycling compensation claims cover a wide range of damages, including personal, psychological, property, and special damages like loss of income.
Compensation claims for multiple severe injuries could pay several thousands of pounds.
You have three years from the accident date to make a claim.
Cyclists can claim from the Motor Insurers Bureau when involved in a hit-and-run.

FAQs

What is a cycling accident claim?

A bike accident claim is a legal process where cyclists seek compensation for sustained injuries and losses caused by someone else’s negligence.

How long is the claims process?

The time it takes to resolve cycling claims can vary widely, ranging from a few months to a few years in complex cases.

Can cyclists claim compensation from the Motor Insurer’s Bureau?

Yes, cyclists in Scotland can claim compensation from the Motor Insurer’s Bureau (MIB) under certain circumstances, such as accidents caused by an uninsured or untraceable driver (i.e. hit and run instances).

Jones Whyte Are Here To Help

Navigating bicycle claims can be challenging but with the right specialist solicitors on your side, you can secure the compensation you deserve.

Whether you’re dealing with minor or serious injuries, speak with Jones Whyte’s expert legal team today. We’re committed to providing specialist advice to those across Scotland who want to make a cycling accident claim.

View previous story