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Government proposals backing UK Insurers threaten to remove cyclists’ rights to compensation

Current insurance industry lobbying could severely compromise or even remove any right of redress which an injured cyclist currently has against a negligent road user or highway authority.

On the 16th November the Government announced proposals to increase the small claims limit for personal injury claims from £1,000 to £5,000. According to Cycling UK, around 70 per cent of cyclists’ compensation claims are under the £5000 threshold, examples of which can be found later in this article.

Historically, the Courts have used compensation as the means to put the injured person back in the position in which they would have been had the injury not been sustained.

What that meant is that the victim would receive an award for the actual injury, a second amount for other losses which followed on, most commonly cycle, clothing and kit, loss of earnings, and alternative travel.

Additionally, the insurers of the wrongdoer also had to pay ALL the victim’s legal, medical and court costs incurred in bringing the claim.

So the injured cyclist would be fully reimbursed for the earnings which they had lost when unable to work, the value of their bike and kit as at the time of the crash and compensation for their pain and suffering and inconvenience, without any deduction. In other words, the polluter paid, in full.

This isn’t the first restriction on cyclists’ access to justice

The first restrictions came about in April 2013, about the same time as the All Party Parliamentary Cycling Group were recognising the growth in cycling which had occurred and setting out their vision for the future.

These changes meant that a cyclist who was unfortunate enough to be injured would no longer receive compensation in full because the costs recoverable from the wrongdoer’s insurers were reduced. In other words, the victim had to contribute to the cost of winning out of their damages.

As one politician remarked in unsavoury terms: “claimants must have some skin in the game”. Clearly, the author of this remark had never found himself in a position where he was unable to pay his mortgage because he wasn’t working.

Not satisfied with those changes, the latest wave of proposals will see the victim to be deprived of the right to recover ANY contribution to their legal costs if the value of the injury claim (not the financial consequences, just the actual injury) is less than £5000.

What options does this leave an injured cyclist with?

In an interview on BBC Radio 4, Brett Dixon, Consultant Solicitor at Cycle SOS and Vice President of The Association of Personal Injury Lawyers (APIL) explained the options the proposed changes will leave an injured person with:

“Represent themselves and hope that they are treated fairly by everybody;

To pay for legal representation out of their damages;

Simply not proceed against someone who has negligently caused them an injury.”

Any cyclist deciding to pursue a claim under the new regime, would have to face the might of an insurer’s claims department without representation or would be left with a settlement that had been massively eroded through paying for representation.

Ultimately, whichever route is chosen, the system fails the victim.

How serious are the injuries that will be affected?

The £5000 limit could include all kinds of common and debilitating cycling injuries which could prevent a person from earning their living. For example:

  • Fractured collarbone
  • Fractured ribs
  • A wrist fracture
  • Hand injuries
  • Thumb dislocation
  • A sprain or ligamentous injury to the knee which recovers within a year and a wide variety of soft tissue injuries including lacerations
  • Cuts, bruising or contusions which might affect a claimant for up to 12 months may not exceed the cut-off.

Irrespective of any loss of earnings resulting from an injury, the criteria which will be applied is the actual value of the injury (which may be lower than you think).

Paul Darlington, Consultant Solicitor at Cycle SOS, and cycling safety advocate of over 30 years explains A cyclist who might confidently believe, in the event of an incident causing injury, that they would be properly compensated, can no longer assume it to be the case.

The blunt truth is that if as a result of an injury, a victim cannot work for weeks or months, their own well-being and that of their family will be prejudiced.”

Brett Dixon, went on to add “The changes proposed by the government are not just about whiplash. They go much further than that and will have an impact on cyclists who are injured through no fault of their own.

The government say this is necessary to prevent car insurance premiums rising and that motor insurers will pass on a saving of £40 per policy.

The last programme of reform in 2013 has seen insurers making an additional profit of half a billion pounds every year since then that has not been passed on in savings on premiums to the consumer.”

Personal Injury reported case law involving cyclists that would have their access to justice significantly reduced under the new legislation:

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For more information about our services or to start your claim, call 0808 100 9995 and speak to one of our specialist solicitors. We’re here to help. You can email us or schedule a callback.

Written By:

Emily Pheysey

Litigation Executive

Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.