Handle It Right Part 2: Evidence for a cycling claim
A cycling accident can be confusing and traumatic; these feelings can continue in the weeks and months afterwards. This blog explains how to gather evidence to assist in a successful compensation claim.
Posted on 14 May 2024
If you pursue a claim after a road traffic accident, the more evidence you gather, the more likely your claim is successful. The first part of this series, "Handle It Right Part 1" depicts what steps to take immediately after a bike collision and how to gather evidence at the scene. If you have not yet read it, click here.
This article covers how to gather evidence after your accident and why choosing the right personal injury solicitor is crucial to any cycling claim.
Step 1: Keep a diary
Keep a diary of the milestones in your recovery post-accident. It does not need to be lengthy or have daily entries. It should include milestones such as surgery dates, the start and discharge of treatment, removal of casts or splints, your overall progress and any setbacks.
You should also make a note of how you are feeling at those different points, including your emotional state. This will help if you need to recount this progress to medical experts who will be instructed as part of the claims process. It can be helpful to your lawyer to ensure that your statement is in your own words and accurately sets out your progress. The diary may also be disclosed to the defendant’s representatives as part of the disclosure.
Step 2: Record any losses
As part of the personal injury case, you will be able to include any losses or expenses incurred due to the accident. Some cases are complex due to the injuries sustained, but there is no exhaustive list of what can and can't be claimed. Common losses that can be claimed include;
- Bicycle and kit damage
- Travel expenses
- Treatment and medication costs
- Loss of earnings
Make sure you keep receipts for expenses incurred after the accident. These costs can quickly escalate, and it is much easier to recover losses from the defendant with the receipts. Receipts can fade over time, so it is best to take photos of them. Photos are also easier to send to us to include in the claim rather than hard-copy receipts.
Step 3: Damage to your bike
We recognise how vital it is to recoup the cost of the damage to your bike so that you have funds to repair or replace it as soon as you are ready to return to cycling. Immediately after the accident, secure your bike from the scene and keep it somewhere safe.
It is important to have a record of bike damage as part of the claim. At Leigh Day, we use expert independent bike engineers to assess the damages. They produce a detailed report setting out the extent of the damage, pre-accident value and the cost of repairs.
Document the damage to your bike as soon as possible so there is a contemporaneous record of it. This should include good quality photos of the bike against a plain background with close–up shots of the visibly damaged components. Do not dispose of the bike until you are advised that you may do so, as the defendant’s insurer may wish to carry out their own inspection.
Step 4: Choose a specialist cycling lawyer
When starting any legal claim, it's important to find a lawyer who has extensive experience in the area relating to your claim. If you were involved in a cycling accident, not only would we recommend a personal injury lawyer, but also one that has experience of successfully handling cycling accident claims.
When you are ready to engage a solicitor, we will take full details of the collision and the losses and injuries sustained. This will enable us to place you with the most appropriate lawyer for your case. We will provide you with the necessary support and guidance throughout the process of claiming compensation.
Our team of specialist personal injury lawyers include experienced cyclists, whose extensive knowledge of bikes, kit and cycling generally is of great benefit when handling these claims. We have a shared perspective with our clients and fully understand the challenges faced by cyclists after a bike accident. Our team have developed valuable insight into cycling injury claims through knowledge sharing and time served working on these cases.
We understand the importance of rehabilitation to enable a return to cycling after the accident. We recognise that with most people the priority will be to facilitate a speedy return to those activities. We will work with the defendant to encourage access to private rehabilitation and to secure early interim payments so your bike and kit can be repaired or replaced promptly.
Leigh Day is the sole legal service providers to members of British Cycling and British Triathlon who benefit from free representation with us. We are proud to be considered one of the leading law firms in this specialist area; accredited as a top tier firm by the Legal 500 and top ranked by Chambers and Partners.
In the event of a cycling injury claim, we hope this guide provides helpful tips and guidance on how to gather evidence for your, injury, loss and damage, and how to go about securing help with treatment and the recovery process. If you have had a cycling accident and would like to discuss your options with us, please do not hesitate to contact us. We are happy to discuss whether there are prospects of a claim and can offer No Win No Fee where appropriate.
Our contact details - get in touch today:
Our cycling legal team are here to support you with your claim and rehabilitation.
Call us: 020 7650 1200
Email us: postbox@leighday.co.uk
Our Partnership with British Cycling
We believe passionately that the safety of cyclist is paramount. Our commitment to the cycling community is genuine and long-standing. We are the exclusive legal partner for British Cycling with a relationship dating back over 18 years.
To ensure the safety of our towns and cities, cyclists must be central to the plans to improve road infrastructure. This will help prevent many common cycling injuries. We are proud to be part of British Cycling's campaigning to promote cycling and reduce road accidents.
Handle It Right Part 1: what to do after a cycling accident
A cycling accident can cause shock and trauma, and you might not know what to do next. This blog details what to do immediately after an accident.
Leigh Day Cycling Rehabilitation Series
At Leigh Day, we’re experienced cyclists who are also cycling lawyers. Our cycling rehabilitation series aims to provide support and guidance to those who have suffered a cycling injury and want to get back on their bikes. This series will explore cycling tips to guide you on the road to recovery.