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Cycling Accident Compensation Claims

Cyclists are among the most exposed people on the road, and when a collision happens the injuries are often serious. If you were hurt in a cycling accident that was not your fault, you may be able to claim compensation for your injuries, your losses and your damaged bike and kit. Our personal injury solicitors act for injured cyclists across Greater Manchester, the North West and nationally.

To talk through what happened, call 0161 930 5151, email enquiries@gorvins.com or use our online contact form and we will call you back. The first conversation is free and without obligation.

Can I make a cycling accident claim?

You may be able to claim if your accident was caused, wholly or partly, by someone else’s negligence. Common situations include being knocked off by a driver who failed to look properly, being hit at a junction or by an opening car door, a close or dangerous overtake, or an accident caused by a pothole or poorly maintained road. Where a driver is at fault, the claim is usually made against their motor insurer. Where the road surface was to blame, the claim may lie against the highway authority responsible for maintaining it, under its duty to keep the highway in repair. We can identify the right defendant and advise you on the strength of your claim.

The Highway Code and the hierarchy of road users

The Highway Code was significantly updated in January 2022, introducing a hierarchy of road users. Its guiding principle (Rules H1 to H3) is that those who can cause the greatest harm bear the greatest responsibility to look out for those who are more vulnerable, so drivers of larger vehicles carry more responsibility towards cyclists, and all drivers carry responsibility towards pedestrians. The Code also set clearer expectations on safe overtaking distances and priority for cyclists at junctions. These rules are not themselves criminal laws, but they are highly relevant to who is at fault in a civil claim, and they reinforce a long-standing legal principle that the courts weigh the relative danger each road user poses when deciding liability. In practice, the updated Code has strengthened the position of injured cyclists.

What if the driver was uninsured or drove off?

If you were injured by an uninsured driver, or by a hit-and-run driver who cannot be traced, you are not left without a remedy. The Motor Insurers’ Bureau (MIB) operates two schemes for exactly these situations: one for accidents caused by identified but uninsured drivers, and one for untraced (hit-and-run) drivers. It is important to report the accident to the police promptly, and within five days for an untraced-driver claim, and to get a reference number, as this supports an MIB claim. We can handle the MIB process for you.

Does not wearing a helmet affect my claim?

There is no legal requirement to wear a cycle helmet in the UK, and not wearing one does not prevent you from claiming. It can, in some cases, reduce compensation through what is called contributory negligence, but only for a head injury, and only where there is expert evidence that a helmet would have made a real difference to that particular injury. It has no bearing on a claim for other injuries such as fractures. If you are worried that you were not wearing a helmet or high-visibility clothing, do not let that stop you seeking advice; we will explain honestly how, if at all, it affects your case.

How cycling claims are valued: an advantage for cyclists

Recent reforms changed how many low-value road traffic injury claims are handled, introducing a fixed whiplash tariff and a higher £5,000 small-claims limit for people injured in cars, with many claims routed through the Official Injury Claim portal. Cyclists are classed as vulnerable road users and are exempt from both. This is an important advantage: your injuries are valued in the traditional way, by reference to the Judicial College Guidelines and comparable cases, rather than the low fixed tariff, and the small-claims threshold that applies to you is far lower, which means legal representation is more readily available. In short, cyclists are treated more favourably than car occupants under the current rules.

What can you claim for?

Compensation usually has two parts. General damages compensate for the injury itself, the pain, suffering and effect on your life, from cuts, deep bruising and fractures to head injuries and spinal injuries. Special damages cover your financial losses, including lost earnings, medical and rehabilitation costs, care, and the cost of repairing or replacing your bicycle, helmet, clothing and other equipment damaged in the accident. Where you are unable to cycle for work or normal journeys, additional travel costs can be recovered, and for serious injuries we can seek interim payments to fund rehabilitation before the claim concludes.

How long do you have to claim?

In most cases you have three years from the date of the accident to start a court claim, under the Limitation Act 1980, or from the later date on which you first knew your injury was significant and linked to someone’s fault. Where the injured cyclist is a child, the three years does not begin until their 18th birthday, and where someone lacks mental capacity the time limit may not run at all. Claims against the Motor Insurers’ Bureau and highway authorities have their own procedural requirements and short notification steps, so it is best to seek advice promptly.

Funding your claim

There are different ways a personal injury claim can be funded, and the right option depends on your circumstances. We will explain clearly at the outset how your claim can be funded and set out our charges, so you understand exactly where you stand before you decide whether to proceed.

How Gorvins can help

Gorvins is a Legal 500 recognised firm based in Stockport, acting for injured people across Greater Manchester, Cheshire, the North West and throughout England and Wales. We have acted for cyclists for many years and understand both the mechanics of these collisions, which so often come down to a driver simply not looking, and the impact an injury has on your ability to get back on the bike.

When you instruct us you will have a dedicated specialist handling your claim from start to finish, keeping you informed and taking the pressure off you. We investigate how the accident happened, gather evidence including any dashcam or helmet-camera footage and witness accounts, identify the right defendant whether a driver, insurer, the MIB or a highway authority, obtain expert medical evidence, arrange rehabilitation, and pursue the full compensation you are entitled to, including the cost of your bike and equipment. Where a cyclist has suffered very serious harm, our catastrophic injury team can help, and cycling collisions are also covered by our wider road traffic accident work.

To find out whether you can claim, call 0161 930 5151 or complete our online enquiry form and we will call you back to talk it through.

Cycling accident claim FAQs

Can I claim compensation after a cycling accident?

Possibly, yes. If your accident was caused, wholly or partly, by someone else’s negligence, whether a driver, another road user or a highway authority responsible for an unsafe road surface, you may have a claim. Whether it succeeds depends on showing fault and that it caused your injury, which we can assess for you. You can also claim for damage to your bike and equipment.

What if the driver who hit me was uninsured or didn’t stop?

You can still claim. The Motor Insurers’ Bureau compensates people injured by uninsured drivers and by untraced (hit-and-run) drivers through two separate schemes. It is important to report the accident to the police promptly, and within five days for an untraced-driver claim, and obtain a reference number. We can handle the MIB process on your behalf.

Will my claim fail because I wasn’t wearing a helmet?

No. There is no legal requirement to wear a helmet, and not wearing one does not stop you claiming. It may, in some cases, reduce compensation for a head injury through contributory negligence, but only where there is expert evidence that a helmet would have made a real difference, and it does not affect claims for other injuries such as fractures.

Are cycling claims treated the same as car accident claims?

No, and generally more favourably. Cyclists are vulnerable road users and are exempt from the fixed whiplash tariff and the higher £5,000 small-claims limit that apply to car occupants. Cyclists’ injuries are valued in the traditional way by reference to the Judicial College Guidelines, and the lower small-claims threshold that applies makes it easier to be legally represented.

What can I claim compensation for?

You can claim general damages for the injury itself and special damages for your financial losses, including lost earnings, medical and rehabilitation costs, care, and the cost of repairing or replacing your bicycle, helmet, clothing and equipment. For serious injuries, interim payments may be available to fund rehabilitation while the claim continues.

How long do I have to make a claim?

Usually three years from the date of the accident, or from when you first realised your injury was significant and linked to someone’s fault. Different rules apply for people under 18, where the three years starts at 18, and for those who lack mental capacity. Claims against the Motor Insurers’ Bureau and highway authorities have their own steps, so it is best to seek advice promptly.

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