How Do I Make a Cycle Injury Claim?

BusinessLegal

  • Author Jason Stainton
  • Published January 9, 2011
  • Word count 521

If you are a cyclist you are more than likely aware of the dangers when travelling this way, and little surprise that there are thousands of accidents involving cyclists every year on Britain's roads. Here are a few small facts about cycling accidents: 90% of accidents happen in built up urban areas, 75% of cycle accidents happen near or at a junction in the road, 80% of accidents happen during the day and the 80% of injured cyclists are male. Around a quarter of cyclists either injured or killed are children, and most cases of fatal accidents have died from major head injuries.

In the majority of cycle accident cases we find that they are normally as a result of negligence from other road users, and usually car drivers. The vast majority of incidents are not serious, with the cyclist only suffering minor injuries. But in more serious cases where the cyclist has suffered personal injury and they are not at fault you may be able to claim for compensation.

If you are unfortunate enough to be involved in an accident with a uninsured driver or even a hit and run incident, you can still claim compensation for your injuries. If this is the case you will have to make a claim through the MIB (Motor Insurance Bureau) and not through the third party insurance of an insured driver. This organisation was set up to deal with victims of road accidents that are either untraceable or uninsured.

If you want to make a claim through the MIB they do need the details of the driver involved with the accident, if you are unable to trace the driver you have to identify them before the claim can go forward. In the event of you not been able to trace a driver you can still make a compensation claim through the MIB's Untraced Driver Agreement so long as you meet these requirements:

  • The accident happened less than 3 years ago

  • And; the police had been informed of the accident within 14 days of its occurrence.

So what should I do if I was in a cycle accident?

Here are a few steps that you should follow if you are unfortunate enough to suffer such an accident:

Make sure that you exchange details with the other party and anyone involved in the incident.

Always report the accident to the police, unless they are already aware of the case. This is an important thing to do if the other party doesn't cooperate during the claim.

Seek medical advice for any injuries you may have suffered as a result of the cycle accident.

If it is possible you should try and take photos of the scene of the accident (or get a friend to do so) because the photos could help assist with any liability disputes.

Get an estimate of your cycle damage, or find the original receipt for the bike if it is un-repairable. If you cannot produce the original receipt a replacement cost estimate will usually be acceptable. Cycle accident cases are usually open to disputes over liability and it is best to prepare for the worst just in case.

Jason Stainton is a legal marketer working for Winston Solicitors, a cycle accident law practice based in Leeds West Yorkshire.

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