Cycling accident claims in Scotland
A bicycle accident can be truly life-changing. A car pulled out in front of you. A vehicle door swung open. They didn’t slow down approaching a roundabout. They didn’t see you at the junction. They overtook you too close and too fast.
If a cyclist is hit by a car, it’s almost a certainty that the rider will come off worse.
We understand what it means to be vulnerable. We know what it feels like to do everything right – invest in the right clothing, lights and ride with courtesy – only to have everything turned upside down because a motorist was careless or selfish.
We are solicitors with years of experience helping cyclists who have been injured when it wasn’t their fault. Our job is to help you recover physically, financially and emotionally – so you can get back to doing something you love.
Can I make a cycling accident claim?
If someone is “negligent” and as result causes harm to either person and/or possessions then it is your legal right to claim compensation for the pain and suffering caused, loss of earnings incurred, if applicable, and cost to repair and restore the bike, clothing and equipment. Sadly, in most cases surrounding cycling accidents, the cause is a vehicle, car, bus, van or lorry and it simply isn’t a fair fight. Injuries can be severe and the road to recovery can be long, but we can help.
Diane Cooper, Partner at Digby Brown Solicitors, talks about the key steps you should take after a cycling accident if you have been injured
Is there a time limit for making a claim after a cycling crash?
Just like any other personal injury matter in Scotland, you have three years to make a claim for a cycling accident from the date of the accident.
There are some extenuating circumstances where this may not be the case such as:
- If your accident happened abroad the time limits may vary
- If you are a minor at the time of the accident
The most important reason why there should be some urgency to start the process quickly is evidence. Without good evidence, a lot of cases will fall and the longer you leave it the more likely witnesses or reports will be lost, and the evidence simply fades away.
When looking at compensation, your solicitor will consider something called solatium, which considers pain and suffering, expenses and the cost of anything else ruined by the crash including:
- Lost earnings: If you are injured, you might be off work for a period of time. You might not be able to immediately go back to doing the job you did. Sometimes it will be impossible to return to your previous job and, in the worst case, you may never work again. Compensation isn’t about getting something for nothing, it is about trying to assess what you would’ve had if the accident hadn’t happened.
- Medical treatment: We think it is unfair for cyclists to be left out-of-pocket if there is a need to pay for specialist care or services that would never have been needed had it not been for the crash.
- Your bike and equipment: “Is my bike okay?” is probably the first thing most cyclists think after an accident. And we understand why – our bikes are not just expensive tools for commuting or recreation, they can carry a sentimental value as well. If your bike, clothing or equipment is damaged in a crash, we will seek to repair or replace them.
- Additional support: If your case is linked to an ongoing criminal case we will provide advice at all stages of your civil claim. This may be especially helpful for those affected by more serious injuries, or if a loved one passed away as a result of the cycling accident.
How long will it take to receive compensation?
This is almost impossible to give a strict timescale on. In general, cases take between six and 12 months to conclude however the circumstances, the insurer and the ability to gather the evidence can mean some cases can take a lot longer.
The injured party is usually the main factor here, as the injuries suffered need to get to a point where a medical assessment can be made of the long-term effects of the damage the crash caused. This in turn determines what level of financial remuneration we deem as fair compensation.
How much compensation could I receive if I’m hit on my bike?
We know a lot of other firms use calculators to give you an idea of what level of compensation you should receive if you hurt your leg or scar your face. Digby Brown just don’t do that.
We do have a lot of cycling accident case studies on the website who have successfully claimed compensation after someone else’s negligence. Compensation depends on a number of factors specific to you and no two people are the same, therefore no two damages amounts will be comparable. The process we undertake properly values what the claim is worth.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Why choose Digby Brown for a cycling accident claim?
Digby Brown Solicitors is a Scottish personal injury law firm with specialist solicitors who focus on what really matters to the clients we help. For over 15 years Digby Brown has been the legal provider in Scotland to British Cycling members (Scottish Cycling). Alongside our counterparts in England, Leigh Day, they trust our knowledge and legal expertise to achieve the best outcome for their members.
Digby Brown is here to help you. Our solicitors are here to explain the process involved and ensure you understand what is happening. We will ensure that you get access to absolute expertise whether it is legal, medical, technical or forensic to ensure we fully understand what happened, how it has affected you today and in the future.
If your case is linked to an ongoing criminal case we will provide advice at all stages of your civil claim. This may be especially helpful for those affected by more serious injuries, or if a loved one passed away as a result of the accident.
Digby Brown is here to ensure you receive fair compensation – not what the insurer is prepared to offer.
One client who benefited from our help was David. He received more than £4,500 in damages after he was hit by a car at a roundabout in Fife.
David was hit by careless driver whilst commuting to work on his bike.
What our clients say about us
We put our clients at the centre of everything we do and are committed to providing the very best service. The hundreds of five star reviews we have received on Trustpilot is a reflection of this approach.
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FAQs
Commonly asked questions regarding cycling accident claims
I was in a cycling accident but was not wearing a helmet - can I still claim compensation?
If your injury was to your arm or leg then yes a claim is still possible as wearing a helmet, or not wearing one, would not have made any difference to your injury.
A driver hit me at night and I was not using reflective clothing/lights - can I still claim?
Yes, it is still possible to claim because the law still expects other road users to be vigilant.
The driver who hit me was not charged by the police - how will this affect my case?
You do not need the other person to be convicted in order to make a cycling injury claim. Our solicitors rely on civil law, not criminal law, to fight your case – this means we just have to prove negligence, not criminal conduct.
I was injured in a hit-and-run and the driver was never traced - can I still make a claim?
It is possible for cyclists to make claims against the Motor Insurers’ Bureau when a driver cannot be traced so yes, it is still possible.
How long have I got to make a claim?
The law says you cannot claim for compensation if the accident happened more than three years ago so as long as you are within this time frame you should be fine.
What if I am a member of British Cycling?
Being a member for Scottish Cycling, the Scottish arm of British Cycling membership, means that these cyclists do not pay a percentage of their damages when their case is successful.
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