What to do in case of a cycling accident
1. At the scene of the cycling accident
When you are in a cycling accident you should try and take the steps set out on this page, although some of these steps may not be practical if you are injured in the cycling accident.
If you can only get one piece of information following the cycling accident, make sure you get the vehicle’s registration as this is usually enough to trace the driver.
a. Move to a safe position.
b. Take the driver’s name, address and registration. Do not get into a discussion about whose fault the accident was.
c. Call the police if you are injured or you think the other driver is giving you false contact details. When the police arrive make sure you co-operate and give them your side of the story. Take down the name of the officer and ask for the police case reference number.
d. If you are injured call an ambulance. If you have a very minor injury, or if an injury develops over time, go to hospital or your GP as soon as possible.
e. Get the contact details of any witnesses to the accident. The more the better.
f. Take photographs of the vehicles and their position in the road, along with any damage to your bike.
g. Consider whether there are any CCTV cameras which may have taken footage of the incident.
2. Following the accident
The first thing to do is to contact a reputable firm of solicitors who specialise in Personal Injury law. They should be members of the Association of Personal Injury Lawyers (APIL). Your solicitor will not be able to help you prosecute the driver, but will get you the compensation you deserve as a result of the accident.
a. Make a follow up call to the police to see what action is being taken against the driver.
b. Write down an account of all the details you recall about the accident – facts can often be forgotten sooner than you think!
c. Keep records/receipts for any money you spend as a result of the accident e.g. paracetamol; bike repairs; replacing your helmet/clothing/cleats/etc; travel costs for taking public transport instead of cycling.
3. The Legal process
Once you have a cycling accident solicitor acting for you, they should do the majority of the work that needs to be done to get you accident compensation..
The steps involved will vary depending on the case, but in general a cycling accident solicitor will do the following:
a. Notify the driver of the accident. If necessary, write to the police to request a copy of the accident report.
b. Obtain your medical records and instruct an appropriate independent medical expert to meet with you and write a report detailing the extent of your injuries and how long they will last.
c. Once the medical evidence has been finalised, and the driver has admitted liability, the claim should be ready to settle. It may take some time to get to this stage, however, depending on the complexity of the case. Your solicitor can then send your medical report to the insurers, along with evidence of your financial losses, and a settlement can be negotiated.
d. Where the driver does not admit liability, or the insurers undervalue the case, it may be necessary to issue the case in the court to encourage settlement. However, only around 1% of cases go to trial.
If you think you may have a potential claim after a cycling accident and would like further advice you can email us or call us on 0800 389 0385 to speak with a cycling accident solicitor.