Cycling accident claims

You can contact us for an initial telephone conversation about your potential claim without any obligation to proceed.  Unless you have legal expenses insurance, we will normally recommend that your cycle accident claim is funded under a Conditional Fee Agreement (CFA).  In the event that your claim is unsuccessful, there will be no charges.

In the event of a successful claim, the maximum deduction for legal fees will be 25% of the damages which we recover for you inclusive of the cost of ‘After the Event’ (ATE) insurance policy which we normally recommend that you take out as this protects you from any cost liability to the defendants.  Provided you comply with the terms of the CFA there will normally be no other deductions.

An injured party bringing a claim for personal injuries has to prove their case on the balance of probabilities.  It has to be proved that the potential defendant was negligent (or in a claim against a council for road defects that they were in breach of their statutory duty).  A civil claim has to be proven “on the balance of probabilities”. It must be proven that, on this balance, the defendant was negligent or failed in their statutory duty. 

If it can be established that the defendant was negligent, this is called ‘primary liability’; the next stage is to consider if you were partly responsible for the collision.  This is called ‘contributory negligence’.  If you were partly responsible for the accident the court will divide liability in proportions such as 75/25, 67/33 or 50/50. 

Fast-track claims

For claims worth between £1,000 and £25,000, these are dealt with in the MOJ Portal.  This is a 3 stage process.

Stage 1 – Investigation:  Your lawyer will send a Claim Notification Form (CNF) to the defendant and this must be acknowledged within 1 working day.  The defendant then has 15 working days to respond (or 40 working days for a public liability claim) giving their liability stance.  The claim will remain in the Portal if the defendant admits liability in full. If liability is not admitted, the Defendant has a 3 month period in which to make their further enquiries and to respond to your lawyer.

Stage 2 – Negotiation:  Once liability has been admitted, your lawyer will obtain medical evidence and advise you on the value of your claim.  The claim is presented to the defendant insurer via the Portal ( a process known as presenting the stage 2 pack). A first offer must be made by the Defendant in 15 working days and, if this is not agreed, given a further 20 days – a total of 35 working days.

Stage 3 – Litigation: If agreement cannot be reached then the claim has to proceed through the court process.

Multi-track claims

Multi-track cases are claims worth in excess of £25,000.  The claim is initiated by a Letter of Claim. The defendant should acknowledge safe receipt within 21 days and then has a further 90 days to investigate the claim and make a substantive response.  This is called the ‘personal injury protocol period’.  Medical evidence is obtained and the claimant’s losses are calculated and set out in the Schedule of Loss.  Many cases settle without the need to issue court proceedings.  If the parties cannot reach agreement on the value of the claim (this is called ‘quantum’) or on liability, then it is necessary to issue court proceedings.

Only a small percentage of cases proceed all the way to trial. Claims usually settle after a formal ‘Part 36 Offer’ has been made or at a ‘Joint Settlement Meeting’.

In cases involving serious injury, it can often take 3 or 4 years to reach a resolution as it is important to fully assess the impact of the injuries. A case cannot be reopened if any complications arise.

The time limit for making a personal injury claim is 3 years.  If court proceedings are not issued within 3 years of the date of the accident or date of injury then the claim is statute barred.  There are exceptions for children and for claimants who lack mental capacity.  In the case of children, the limitation period does not run until they reach their 18th birthday.  The limitation period does not apply to claimants who lack mental capacity. 

We will normally only accept instructions if the accident occurred less than 2 years ago because we need time to properly investigate the case before issuing court proceedings. 

The death of a loved one is an extremely difficult and challenging time. Making a cycling accident claim will be the last thing on your mind, but if you have suffered financial loss and ongoing financial problems as a result of the death, then a solicitor may be able to help. 

You should consider: 

• The financial impact. 
• The psychological implications to you and your family as a result of the death. 
• And whether seeking professional support or counselling will be of any benefit. 

Time limits are in place for this area of law. These time limits can be complex and varied, however, the general limit is three years from the date the injury happened or the illness was diagnosed. 

If you would like further information about making a fatal accident personal injury claim, contact our team of expert solicitors for a free, no obligation, consultation.