PROCESS

These are some of the most common questions we get asked about making a claim after a cycling accident. If you do not find what you are looking for here feel free to call our Freephone helpline on 0808 100 9995, or why not use our live chat button and speak to us directly!

Questions:

I’ve just been discharged from hospital after an accident in which I was knocked out. I cannot recall anything after leaving work to ride home, although I have been told an overtaking lorry was involved. What can I do to claim? You need to move quickly. Call the Helpline because any witnesses will have to be traced, the Police file inspected and the scene may need to be examined. It is possible to present a claim on the basis of forensic evidence alone, but this requires a high degree of input from a specialist in accident investigation and reconstruction.One approach which we have successfully utilised in such cases is a time/distance analysis (‘for how long was the cyclist there to be seen by the other party?’) utilizing a video upon which time and distance were superimposed. There are several companies offering assistance to injured cyclists. Who is the Cyclists’ National Helpline and what is your background? We are specialist personal injury solicitors. We have our own Consultant Solicitor, Paul Darlington, who has been cycling since 1964 and working in cycling related claims since 1988. The Team is trained in accident investigation and reconstruction techniques and is supported by former members of Lancashire Constabulary Road Traffic Policing Unit. If the driver is un-cooperative at the scene or goes to make off, what can I do? Record the registration number and call the Police. It’s a good idea to do this anyway especially if you are sure you are in the right. I have crashed because of a pothole in the road surface. What do I do first? After medical attention and preferably with a companion, return to the scene as soon as you can with a camera, a long spirit level or straight-edge and a ruler or tape measure. Take a general location shot with the defect identified so that there is no doubt where it is. Then place the straight edge across the hole, resting on either side and bridging it. Measure to the bottom and photograph the measurement. Measure too the length and breadth. The standard definition of dangerous is 40mm deep, 300mm in any other direction and sharp lipped. Visit local residents and ask them if they were aware of the defect, for how long it has been present and whether they have reported it. Record their names, contact details and what they said. Seek advice from the Helpline. If you’ve been injured after hitting a pothole whilst cycling, or even if you’ve emerged unharmed but your bicycle has suffered serious damage, it’s only natural to seek legal advice, and potentially look at claiming compensation. I’ve been involved in a collision, have obtained the driver’s name and registration; what should I do now? If you have any reason to feel that you may have been injured either consider visiting Casualty or make an appointment at your GP as soon as possible. This will deal within any medical issues and serve to corroborate the event in an official record. While everything is fresh in your mind, write it down. Try to do this as soon as you are home; don’t even wait until the next day. The sooner a de-brief occurs the more information it is likely to contain. Contact the Helpline with the registration number and date of accident. We will be able to make a search to find the insurance company and policy number. I’ve been taken out by a car. The driver stopped but then cleared off without leaving any details. I haven’t got the registration, but I can remember the colour and make of the car. Can I claim and what must I do now? Report the event to the Police immediately and make a record of the date, time and place you did this. Obtain a reference number. If you speak to a Police officer get his/her collar number. This is because claims against untraced motorists are paid by the Motor Insurers Bureau. The rules of the scheme stipulate that a damage only claim must be reported within 5 days and an injury claim within 14 days or as soon as reasonably practical. Inability to report due to injury would satisfy the reasonably practicable test. This also applies if you skidded on spilt diesel or some other contaminant, because the culprit in those circumstances is by definition untraced. A claim for injury must be brought within 3 years (as per the normal rules), but a damage only claim within 9 months. I have been involved in a collision with a car. I think the driver was to blame but he says that it was my fault, so he does not have to give me any personal details. Is this correct? No. Individual views upon liability are irrelevant. Anyone involved in a collision must provide their own and the vehicle owner’s name, address and registration number to anyone who reasonable requires them. If this is not done as soon as reasonably practicable or in any event within 24 hours, the incident becomes reportable to the Police. S 170 Road Traffic Act 1988. The details ought to be volunteered; it is not for the victim to have to drag the details out of the third party. If they are not forthcoming, explain that you will then report the incident. This pre-supposes that the Police did not attend; if they did the driver will probably have been issued with a ‘producer’. If injuries have been sustained, the incident is reportable irrespective. The third party is also required to provide insurance details to anyone reasonably requiring them. Seek advice from the Helpline.