Can I make a cycle claim?
If you have been injured in an accident whilst out cycling, then you may be able to make a cycle claim, even if you were partly to blame. If the accident was caused by a motorist then we will claim against the driver’s insurance company on your behalf. If the accident was as a result of a poorly maintained road then you may be able to recover compensation against the local authority.
What can I claim for?
Your claim will be split into two categories – general damages and special damages. General damages is the compensation that you will receive for your injuries including pain, suffering and loss of amenity. Special damages cover all of your out of pocket expenses arising from the accident and will include both past and future losses. Special damages include repairs to your bike or a replacement if it is damaged beyond economic repair, replacement clothing and equipment, private medical treatment, travelling expenses, prescriptions, medication, etc.
Can I replace my bike?
Yes, if liability is admitted by the other party’s insurers you can recover the cost of any repairs to your bike or the cost of a replacement bike if it is damaged beyond economic repair. We will ensure that you are awarded the pre accident value of your bike and can arrange for the bike to be independently inspected to ensure that you receive the maximum compensation. If you arrange for your bike to be repaired or replaced it is important that you keep evidence of the damage such as photographs and/or a report from the person that repaired it.
Can you arrange for my bike to be repaired?
Yes, we can deal with all aspects of your claim and have the appropriate experience to do so. At CIC we understand how important your bike is and can arrange for a specialist to inspect your bike and prepare a report in relation to the damage. They will also provide an estimate for the cost of repairs or advise if a replacement is necessary and that the bike is beyond economic repair. Alternatively, you can ask your local bike shop to prepare a similar report and provide an estimate of any repairs. CIC will then request an interim payment from the responsible parties insurers to help you get back on the road as quickly as possible.
How much is my claim worth?
It is very difficult to accurately value any claim for compensation until a medical report has been obtained and a prognosis provided by the medical expert. If you have suffered serious injuries, it may be necessary to obtain reports from several experts before an accurate prognosis can be made. Once the medical reports have been obtained and agreed by you, we will then provide you with an indication as to the likely value of your claim. In addition to a claim for your injuries we will also seek reimbursement for any out of pocket expenses.
How long do I have to claim?
Adults who are over the age of 18 have three years from the accident date within which to issue court proceedings in respect of a claim. For children who are below the age of 18 at the time of the accident have until their 21st birthday to do so (i.e. three years from their 18th Birthday).
Can I claim for damaged kit?
Yes, any items, which have been damaged as a result of the accident, can form part of your claim. This includes clothing and equipment such as your helmet, lights etc. and will be in addition to a claim for the bike itself.
Can I claim if I was partly to blame?
Yes. If you were found partly to blame for the accident you can still make a claim for compensation. It is likely however that any compensation awarded to you will be subject to a deduction for contributory negligence – i.e. that you were partly to blame for the accident. The deduction is agreed with the other side in percentage terms so the higher the degree of contributory negligence the higher the deduction made from your damages.
I was involved in a hit and run accident – can I claim?
Yes. If you have been involved in a hit and run incident you can still pursue a claim for compensation. A claim must be submitted to the Motor Insurers Bureau (MIB) under the Untraced Drivers’ Agreement. It is important that your accident is reported to the police as soon as possible to ensure that you are not prevented from submitting a claim.
Can I claim if the driver was uninsured?
Yes. If you have been involved in an accident, which was caused by an uninsured motorist, you can still pursue a claim for compensation. A claim must be submitted to the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers’ Agreement.
What evidence do I need to claim?
If you have been involved in an accident as a result of a motorist it is important to obtain as much detail as possible from the driver such as their name, address, contact telephone number and details of the vehicle including the make, model colour and most importantly the vehicle registration number. If the accident was as a result of a defective road surface photographs and measurements of the defect on the road are imperative and should be taken as soon as possible after the accident. In all cases you will need to provide details of the accident date and time, the location and details of the weather conditions. The more information you can provide at the outset of your claim, the easier the process will be.
Can I have physiotherapy/rehabilitation?
Yes. The cost of private medical treatment forms part of your claim. Treatment can be arranged by us, the other party’s insurers or by you. If you arrange for treatment yourself please ensure that you keep all receipts and reports so that we can seek to recover your outlay.
I wasn’t wearing a cycle helmet – can I claim?
Yes. Currently it is not a legal requirement to wear a cycle helmet. It is really your choice whether to wear a helmet or not but it is always advisable to protect yourself as much as possible when cycling. If you suffer an injury, which could have been prevented or reduced by wearing a cycling helmet, then your compensation may be reduced to take into account the fact that your decision not to wear a helmet contributed to the injury sustained. You should always seek specialist legal advice.
I wasn’t wearing high visibility clothing – can I claim?
Yes. Currently it is not a legal requirement to wear high visibility clothing when cycling. It is however always advisable to protect yourself as much as possible when cycling and to make yourself as visible as possible to other road users. Your compensation could be reduced if the other party successfully argues that the accident was wholly or partly your fault because you were not visible in the road.
How is my claim funded?
All our claims are dealt with on a ‘No Win No Fee’ basis. There is nothing to pay up front and nothing to pay if your claim is unsuccessful. Each case is considered on its merits so please contact one of our cycle claims specialists to discuss funding for your claim.