I was a cyclist in a road traffic accident, am I entitled to make a claim for compensation for my injuries?
The simple answer is yes! As a cyclist you are entitled to be compensated for any injuries and losses you sustain in exactly the same way as a driver, passenger or pedestrian would be.
Who do I claim against if I am injured whilst cycling?
If you are hit by a motor vehicle, your claim will be made against the insurance company for the driver who caused the accident.
If the accident involved another cyclist or pedestrian, it is very difficult to recover damages. This is because pedestrians and (most) cyclists do not have insurance to cover claims against them.
If the person who caused the accident was acting in the course of their employment (e.g. a refuse collector or road sweeper) you may be able to take action against their employer.
When can I make a compensation claim if I am injured whilst cycling?
You can make a claim if the accident was in the last three years and you have suffered injury. You are also entitled to claim any out of pocket expenses (e.g. loss of earnings, medical expenses, property damage etc.) that you have incurred as a result of your injury.
What should I do if I am injured whilst cycling?
The first and most important thing to do is to check to see if anyone is injured and, if necessary, call an ambulance and the Police immediately. The Police will take a detailed account of the accident circumstances and speak to any witnesses at the scene. This will form evidence which may be required at a later stage.
If you are able to, you should also try to take down as much information as you can (e.g. details of the vehicle that hit you, any other drivers and vehicles involved, any witnesses etc.). The registration number of the vehicle that hit you is crucially important as that is usually enough to trace the at-fault driver.
You should seek medical attention from the hospital or your GP to ensure that there is a full record of your injuries in your medical records. If possible, take photographs of your injuries.
If your symptoms continue, keep a diary detailing how you are feeling. You should also keep a record (as well as any receipts) of any expenses you incur as a result of the accident – loss of earnings, medical expenses, travel expenses all form part of your compensation.
I was hit by an uninsured vehicle whilst cycling, can I still make a compensation claim for my injuries?
Yes, if the at-fault vehicle did not have a valid policy of insurance at the time of the accident you can submit a claim to the Motor Insurers’ Bureau (‘MIB’). The MIB is a non-profit making organisation that is funded by motor insurers and motorists via their insurance premiums. The MIB is there to compensate victims of uninsured drivers. There are strict time limits for these claims so it is absolutely essential that you seek specialist legal advice at the very earliest opportunity.
I was hit whilst cycling but the vehicle that hit me didn’t stop, can I still claim compensation for my injuries?
Yes, if the at-fault vehicle did not stop at the scene and cannot be traced you can submit a claim to the Motor Insurers’ Bureau (‘MIB’). The MIB is a non-profit making organisation that is funded by motor insurers and motorists via their insurance premiums. The MIB is there to compensate victims of hit and run accidents. There are strict time limits for these claims so it is absolutely essential that you seek specialist legal advice at the very earliest opportunity.
For more information
Contact our team of specialist personal injury lawyers, based at our head office in Leicester, to speak to someone today. Your first meeting with us, whether at home, the hospital or at our offices, will always be completely free and you can reach us 24 hours a day.
Bray & Bray have three main offices across Leicestershire, feel free to phone or pop in to talk to our solicitors.