Cyclist Hit By A Car Compensation Claims Guide

By Stephen Burke. Last Updated 22nd February 2024. This guide is about cyclist accident claims and the legal rights those on bicycles have when using the roads, as well as what to do if you’re hit by a car. We explain your legal rights if you’re a cyclist hit by a car on a bike, and how we could help with cycling accident claims. We explain how to calculate cycling accident compensation claims, and how we could help you begin a claim too.

Drivers have a duty of care towards other road users, including drivers, passengers, pedestrians and cyclists. So if the cyclist accident was not your fault, the driver could be held liable for your injuries, and you could make a cyclist hit by a car claim.

This guide explains how much compensation for being knocked off your bike could be achievable. Plus, we provide more information on making cycling accident claims.

If you were a cyclist hit by a car, you can call us today on 0800 073 8801 for a free consultation. You can also contact us online using our 24/7 live chat service.

If you have grounds to claim, we could potentially provide you with a No Win No Fee solicitor to support your case.

Bicycle and helmet lying on the ground after a cyclist was hit by a car

Select A Section

  1. Can I Claim As A Cyclist Hit By A Car?
  2. Time Limit To Successfully Claim Compensation For A Cycling Accident
  3. Examples Of How A Cyclist Could Be Hit By A Car
  4. How To Prove A Cycling Accident Claim
  5. Cyclist Hit By A Car Compensation Payouts
  6. No Win No Fee Cyclist Accident Claims Against Negligent Car Drivers
  7. Essential Links Relating To Cyclist Hit By A Car Compensation

Can I Claim As A Cyclist Hit By A Car?

Each road user has a duty of care to use the roads responsibly and to avoid causing harm to other road users, including vehicle drivers, cyclists and pedestrians. They should also adhere to the Road Traffic Act 1988 and follow the rules set out in the Highway Code. If a car driver were to breach this duty of care, they may cause a road traffic accident, such as hitting a cyclist.

To be eligible to make a bike accident claim after being hit by a car, you would need to prove the following:

  • Another road user owed you a duty of care.
  • This duty of care was breached.
  • You were injured because of this breach.

For more advice on claiming cyclist hit by a car compensation, contact our advisors for free today. They can review your potential case and, if they establish you have a strong one, they may also connect you with a personal injury solicitor from our panel.

Time Limit To Successfully Claim Compensation For A Cycling Accident

If you are a cyclist hit by a car and are eligible to make a personal injury claim, you will only have a limited amount of time to do so. The Limitation Act 1980 sets a time limit of three years from the date of the accident for you to start legal proceedings.

However, some exceptions could apply. For example, if a child is injured, they would not be able to claim for themselves until they become 18. Therefore, the three year limitation period would pause until this date. However, during the time it is paused, an appropriate adult could apply to be a litigation friend, and bring a claim forward on the child’s behalf. Should no claim be made and the child turns 18, they would have until their 21st birthday to file their own claim.

The limitation period is also suspended for those who lack the mental capacity to make their own claim. It would only be reinstated if they were to regain this mental capacity. In this case, they would have three years from the date of recovery to file their own claim. Alternatively, a litigation friend could make a claim on their behalf.

To ask about how long you might have to claim as a cyclist hit by a car, compensation payouts or whether one of our No Win No Fee solicitors could help with your claim, please contact an advisor.

Examples Of How A Cyclist Could Be Hit By A Car

While this guide concentrates on a cyclist being hit by a car pulling out of a driveway, there are other accidents on the road that could lead to cycling accident claims. If a road user has breached a duty of care towards you, injuring you as a result, you could make cycling accident claims for your pain and suffering. You could also claim for costs and losses that result from your injuries.

Examples of a cyclist being hit by a car could include:

  • A driver fails to check their mirrors when overtaking. As a result, they crash into the side of a cyclist.
  • A driver is speeding down a narrow road and hits a cyclist head on.
  • A driver is operating their vehicle under the influence of drugs and alcohol.

If you believe you could be eligible to make cycling accident claims as a cyclist hit by a car, HGV or any other road user, please call us. We could assess your case to see if you could claim.

How To Prove A Cycling Accident Claim

When making a personal injury claim as a cyclist hit by a car, you will need supporting evidence. This could include:

  • Medical evidence. This could be a copy of your medical records, for example, stating the injuries you have suffered and the treatment they needed.
  • Video footage of the accident taking place, such as from CCTV or from a helmet camera.
  • Photographs of your visible injuries and the accident scene.
  • The contact details of anyone who witnesses your accident, as they may be able to provide a statement later on.

If you have any questions regarding claiming compensation as a cyclist hit by a car, compensation payouts, or the benefits of working with a solicitor on your case, please contact an advisor.

Cyclist Hit By A Car Compensation Payouts

If you suffered a cyclist injury due to a driver’s negligence, you might be interested to learn how compensation could be awarded. In this section, we look at cyclist accident claims payouts.

Compensation for the physical pain and mental suffering you experienced due to the bicycle accident is awarded under general damages if your claim is successful. Legal professionals use the Judicial College Guidelines (JCG) as guidance when assigning value to general damages. This document helps by providing compensation brackets for different injuries based on their severity, type and what impact they could have on your life.

We’ve provided some figures from the JCG in our table below for injuries you might suffer during a cycling accident. It is only provided for guidance and not an example of what you will get. The first entry in the table is not based on the JCG.

Edit
Injured body part Category of injury Comments Possible settlement (10% uplift)
Multiple severe injuries inclusive of financial costs and losses. Serious A combination of severe injuries that cause financial losses such as care costs and medical expenses, for example. Up to £250,000+
Leg Severe (i) Severe injuries such as ununited fractures £96,250 to £135,920
Pelvis and / or Hips Severe (i) Fractures causing injuries to the bladder and lasting disabilities £78,400 to £130,930
Neck Severe (ii) Damaged discs causing severe disabilities £65,740 to
£130,930
Ankle Very Severe (a) Extensive damage causing a permanent disability £50,060 to £69,700
Hand (e) Injuries greatly reducing the hand’s function, to about 50% £29,000 to £61,910
Shoulder Severe (a) Injury extending to the neck and causing a form of disability £19,200 to £48,030
Elbow Less Severe (b) Harming function of the elbow without causing a major disability £15,650 to £32,010
Back Moderate (ii) Backache from muscle injuries £12,510 to £27,760
Multiple Fractures of Facial Bones (b) Permanent facial deformity £14,900 to £23,950

Under special damages, some claimants may recover expenses incurred due to the injury. In order to qualify for special damages, you might need to submit proof, such as receipts.

Examples of expenses a cyclist hit by a car might be able to recover include:

  • Loss of earnings for any time required off work. This includes future losses as well as pension contributions.
  • Medical costs, such as cosmetic surgery, prescriptions or any other medical item or service required to cope with the injury.
  • Repairs or replacement of any property damaged in the accident. For example, if the bike needed to be replaced, they might be able to claim back the cost of this.
  • Carer assistance if they need professional help with the injuries suffered, such as a carer helping wash or change bandages.
  • Other home help, such as a cleaner.

Our advisors can discuss what special damages could be recovered for your bicycle accident claim. In addition to this, they can value your claim for free. Get in touch at any time.

No Win No Fee Cyclist Accident Claims Against Negligent Car Drivers

Cyclists who have been hit by a car may wish to get professional help if they’re eligible to make a personal injury claim. One of our personal injury solicitors could help you. They could assist you with gathering evidence, ensuring your cyclist claim is filed with the correct time limit, and negotiating a fair settlement for you.

One of our solicitors may offer to take on your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement, whereupon you don’t typically have to pay your solicitor any fees for their services upfront or during the course of your claim. Furthermore, you will not be obligated to pay for their work if your claim is unsuccessful.

If your No Win No Fee claim is successful, your solicitor will take a success fee from your compensation payout. They take this as a percentage which is legally limited.

To find out if you could be eligible to work with one of our No Win No Fee solicitors for your bicycle accident claim, you can contact our advisory team. They can be reached by:

Essential Links Relating To Cyclist Hit By Car Compensation

Thank you for reading our guide to cyclist accident claims. If you need any help or support, please get in touch.