A Step-by-Step Guide to the Cycling Accident Claims Process

What is the bike accident claim procedure?

If you’re a cyclist who’s been injured in an accident on the road and wish to seek legal advice, but you’re unsure what the process would involve, we’re here to assist. The following steps will enable you to understand how we work together with you to achieve a positive outcome for your case:

1. Consulting a personal injury solicitor

Once you’re ready to contact one of our personal injury solicitors, we’ll take the initial details of the incident and answer any immediate questions. It’s crucial to contact a specialist solicitor immediately following a cycling accident. By selecting a legal professional with relevant experience with cycling claims, you’ll have the best possible opportunity of a favourable outcome to your claim.

We work on a no win no fee basis, so you can rest assured that if you choose to work with our No Win No Fee Solicitors, you will not have to pay legal fees upfront, and if your claim is unsuccessful, there is no financial risk.

2. Initial review of your case

Once we have your initial details, we will review your claim thoroughly to understand how to proceed with your case. Following this, one of our solicitors will be in touch to get some further information so we can move forward with investigating the incident.

3. Primary investigation

Once we’re satisfied we’ve got enough information from you, we’ll complete initial investigations, including identifying the third-party insurer and seeking evidence of the incident, like CCTV footage.

We can also help you access specialist support if you have rehabilitation needs. We’ll identify these needs early on to give you the best chance of recovery from your injuries.

4. Claim Notification submission

After determining the estimated initial value of the claim, we’ll send either a Letter of Claim or a Claim Notification Form to the third party’s insurer. The document will detail the facts of the accident, including date, time and circumstances, claimant and defendant details, details of injuries sustained and any rehabilitation needs. The third-party insurer must respond to this letter within a specific deadline.

5. Gathering of medical evidence

Whilst awaiting a response from the third party concerning liability, we will request your medical records and schedule an appointment with an independent medical expert. The type of injuries you sustain will determine the expert you will see, i.e. if you suffered a broken leg, we will arrange an appointment with an orthopaedic surgeon. Your mental health following a serious accident is also important. If you’re experiencing PTSD or any other psychological issue, we will recommend counselling to ensure your best chance at full recovery.

After the medical appointment, the specialist will prepare a report outlining the severity of your injuries and how the incident has impacted your life. The specialist may refer you for treatment or seek another professional’s opinion. Should this happen, we can arrange treatment.

6. Evidence of financial loss

We’ll gather evidence of any financial losses you’ve sustained, including photos of damaged property and medical expense receipts, etc. If the insurer denies liability, we will gather further evidence to assist our liability investigations. We’ll refer to any witness statements, police reports and any dash-cam or CCTV footage.

7. Compensation estimate

Once we have gathered evidence of any losses and finalised medical evidence, we will send the documents to you for approval. Upon your confirmation that all details are correct, we can provide you with an estimate of the compensation amount you may expect.

8. Settlement offer

At this stage, we will send the details of your financial losses along with your medical report to the third-party insurer, inviting them to make an offer for settlement or liability. Whilst most claims settle, we might also recommend Alternative Dispute Resolution (ADR). ADR offers the potential to resolve a dispute without any court involvement—court proceedings can be costly, lengthy and cause anxiety between parties. ADR offers a much quicker and cost-effective alternative, allowing the parties to work together to find a solution that benefits all involved.

9. Negotiation between parties

Most cycling accident claims are settled without going to court. Although both parties will work together at this time to reach a compensation agreement, if the third party does not admit fault or make a reasonable offer, the claim may have to be issued in court.

If the third party accepts liability but compensation is not agreed upon, you may have to attend a quantum hearing. Here, a judge will decide the amount of compensation you’re entitled to.

If the third party disputes liability, the case may have to go to a full trial. If this happens, we will guide you through the trial process so you know what to expect.

10. Compensation

Once both parties agree upon the details of your settlement, with your claim resolved and compensation secured, you can focus on your future and move forward with your life.

Your questions answered