Cycling Accident FAQs

We recommend that you contact us as soon as you can, to discuss whether we can help you with your claim.

The following evidence is vital in claiming for compensation:

• details of any witnesses and statements given by others at the scene;
• pictures of your injuries, accident area and/or road defect;
• medical reports of your injuries;
• your Police reference number, if you reported the accident to the Police;
• any expenses that you incur as a result of your injuries, including copies of receipts and invoices where available.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

Yes, if you are unlucky enough to suffer an injury because of a pot hole or other road defect, and you can show this was as a result of the highway authority’s failure to maintain the road, the council will be liable.

You must be able to prove that the pothole was of a sufficient size to merit the council’s intervention (usually assessed at 1 inch/2.5 cm). The council can avoid liability if they can show that they have a reasonable system of inspection in place and that the defect did not show up on the last inspection.

Yes, cyclists injured as a result of losing control on diesel or oil spills are entitled to compensation, if it can be shown that the negligence of another or an untraced road user led to the spill being on the road.

NewLaw can help you claim for compensation if you are the victim of a diesel spill accident.

Even if you have established that the other driver or local authority is negligent for causing your cycling accident, you may find you are asked to take some of the blame if you fail to wear a helmet and suffer a head injury. For this argument to apply, the defendant would need to show that had you been wearing a helmet your injuries would have been reduced.

Whilst the presence of the animal alone is not sufficient to win your claim, if the person responsible for that animal has been negligent in allowing the animal to stray, then they could be considered liable for your losses.

Suffering an injury following a cycling accident can have serious consequences for you and your family, both financially and psychologically. Pursuing a claim will not only ensure that you are properly compensated for your injury, but will mean that you are reimbursed for any losses and expenses that you have incurred. This includes any lost earnings, or future loss of earnings, as well as the cost of medical treatment and travelling to appointments.

Claiming compensation will also give you access to the best rehabilitation and treatment providers to maximise your recovery following the accident. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input where appropriate.