Cyclist car accident claim
Cyclist car accident claim. If you’re a cyclist who’s been hit by a car, you may be wondering what your options are. In this blog post, we’ll cover everything you need to know, from who pays for your medical treatment to how much compensation you can claim.
Cyclist hit by car – what are your options?
If you’ve been hit by a car while cycling, you may be wondering what your options are.
Depending on the severity of the accident, you may be able to make a claim for compensation through either your own insurance or the driver’s insurance.
If you decide to make a claim through your own insurance, it’s important to remember that you may have to pay a higher excess.
You may also find that your premiums increase at renewal.
If you decide to make a claim through the driver’s insurance, you may need to provide evidence that the driver was at fault.
This can be difficult if the driver denies being at fault.
If you were partly to blame for the accident, you may still be able to claim compensation, but the amount you receive may be reduced.
If the driver doesn’t have insurance, you may be able to claim through the Motor Insurers’ Bureau.
The amount of compensation you can claim will depend on a number of factors, including the severity of your injuries and the impact on your quality of life.
If you’ve been involved in a car accident while cycling, it’s important to seek legal advice to ensure you receive the compensation you’re entitled to.
Should you claim through your insurance or the driver’s insurance?
If you’re involved in a car accident as a cyclist, there are a few things to consider when it comes to claiming for your injuries. The first thing to think about is whether you should claim through your own insurance or the driver’s insurance.
There are a few things to consider when making this decision. If you claim through your own insurance, there is a chance that your premiums will go up.
However, if you claim through the driver’s insurance, they may try to recover the money from the driver, which could mean a lengthy legal process.
Another thing to consider is that if you claim through your own insurance, you may be able to get compensation for things like loss of earnings and medical expenses.
However, if you claim through the driver’s insurance, you may only be able to get compensation for your injuries.
Ultimately, the decision of whether to claim through your own insurance or the driver’s insurance will come down to a few factors, including the severity of your injuries, the cost of your medical treatment, and the amount of time you’re willing to spend on the claim.
Who pays for your medical treatment?
If you’re injured in a cycling accident, you may be able to claim for the cost of your medical treatment.
This can include the cost of hospital treatment, GP appointments, physiotherapy, and prescriptions. If you need to take time off work to recover from your injuries, you may also be able to claim for loss of earnings.
If the driver was at fault, their insurance company should pay for your medical treatment. If you claim through your own insurance, they will then claim the cost back from the driver’s insurance company.
If you’re not sure who was at fault, or the driver denies being at fault, you may be able to claim through your own insurance. However, you may have to pay an excess and your premiums may increase.
If the driver doesn’t have insurance, you may be able to claim through the Motor Insurers’ Bureau (MIB). The MIB is a UK-wide organisation that compensates victims of uninsured and untraced drivers.
If you were partly to blame for the accident, you may still be able to claim compensation. However, your compensation will be reduced by an amount that reflects your degree of responsibility.
How do you prove the driver was at fault?
If you were hit by a car while cycling, you will need to prove that the driver was at fault in order to make a claim for compensation. There are a few different ways to do this:
1. Eyewitness testimony: if there were witnesses to the accident, their testimony can be used to support your claim.
2. Surveillance footage: if the accident was caught on CCTV or dashcam footage, this can be used as evidence.
3. Police report: if the police attended the scene of the accident, their report can be used as evidence.
4. Medical records: if you sought medical treatment after the accident, your medical records can be used to support your claim.
5. Damage to your bike: if your bike was damaged in the accident, this can be used to show that the driver was at fault.
If you have any of this evidence, it will strengthen your case. However, even if you don’t have any of this evidence, you may still be able to make a claim.
What if the driver denies being at fault?
If the driver denies being at fault, you will need to prove that they were negligent in order to win your claim. To do this, you will need to gather evidence to show that the driver was not taking proper care to avoid an accident. This evidence can include witness statements, photos of the accident scene, and any other relevant information. If you have this evidence, you will have a strong case to prove that the driver was at fault and should be held liable for your damages.
How much compensation can you claim?
The amount of compensation you can claim will depend on the severity of your injuries. For example, if you’ve suffered broken bones or a head injury, you’re likely to receive more compensation than if you’ve only suffered minor cuts and bruises.
The type of injuries you’ve suffered will also affect the amount of compensation you can claim. For example, if you’ve suffered a permanent disability, you’ll be able to claim for the loss of earnings you’re likely to suffer in the future as well as the cost of any ongoing medical treatment.
You’ll also be able to claim for any other expenses you’ve incurred as a result of the accident, such as the cost of travel to and from hospital appointments or the cost of hiring a private carer. If you’ve had to take time off work, you can claim for loss of earnings.
The amount of compensation you receive will also depend on who was to blame for the accident. If the driver was completely to blame, you’re likely to receive more compensation than if you were partly to blame.
To find out how much compensation you could be entitled to, speak to a personal injury lawyer who specialises in cyclist car accident claims.
What if the driver doesn’t have insurance?
If the driver doesn’t have insurance, you can still make a claim for compensation – but it may be more difficult. You may be able to claim against the Motor Insurers’ Bureau (MIB), which is a government-backed organisation that provides compensation for victims of uninsured and untraced drivers.
To make a claim against the MIB, you must be able to prove that the driver was at fault for the accident. This can be difficult to do if there were no witnesses and the driver denies being at fault.
If you’re successful in proving that the driver was at fault, you can claim for your injuries, damages to your bike and other out-of-pocket expenses. The MIB will also pay for any legal fees you incur in making your claim.
However, there are some drawbacks to claiming against the MIB. Firstly, they may not be able to pay out all of your damages – so you may have to take legal action against the driver to get the full amount you’re entitled to. Secondly, the MIB has a £1 million limit on payouts – so if your damages exceed this amount, you’ll have to sue the driver directly.
If you’re thinking of claiming against the MIB, it’s a good idea to get advice from a solicitor who specializes in cycling accident claims.
What if you were partly to blame for the accident?
If you were partly to blame for the accident, you may still be able to claim compensation, but the amount you receive may be reduced. The amount of the reduction will depend on how much the court decides you were at fault. If you were found to be 50% at fault, for example, your compensation would be reduced by 50%.
In some cases, you may be found to be more than 50% at fault and, as a result, you would not be able to claim any compensation. This can be a very difficult situation to be in, particularly if you have suffered serious injuries.
If you have been involved in a car accident and you are not sure who was at fault, you should speak to a solicitor as soon as possible. They will be able to look at the circumstances of the accident and give you advice on whether you have a claim.
Should you use a solicitor?
If you’ve been involved in a car accident as a cyclist, you may be wondering if you should use a solicitor.
The answer depends on a few factors, such as the severity of your injuries, whether the other driver was at fault, and whether you have insurance.
If you have insurance, your policy may cover the cost of a solicitor. If you don’t have insurance, or if your policy doesn’t cover the cost of a solicitor, you may still be able to use a no win no fee solicitor.
This means that you won’t have to pay anything upfront, and you won’t be liable for the solicitor’s fees if you don’t win your case.
If you’re not sure whether you should use a solicitor, you can always talk to one for free initial advice.
They will be able to assess your case and give you an idea of whether it’s worth pursuing.
What to do next if you’ve been involved in a cyclist car accident
If you’ve been involved in a car accident with a cyclist, there are a few steps you should take in order to ensure that you have the best possible chance of making a successful claim.
Firstly, it’s important that you exchange details with the other party involved in the accident.
This should include your name, contact details, insurance information and registration number. You should also try and take down any witness details if there are any bystanders who saw what happened.
Secondly, you should take photographs of the damage to both vehicles as well as any injuries that you or the other party have sustained. This will be important evidence to support your claim.
Thirdly, you should notify your insurance company as soon as possible.
Many insurance policies will require you to do this within 24 hours of the accident taking place.
Finally, you should consider seeking legal advice from a personal injury solicitor who specialises in car accidents involving cyclists.
They will be able to tell you whether or not you have a good chance of making a successful claim and can help you to gather the evidence you need to support your case.
To make a cyclist car accident claim, call our claims line on 0141 280 1112.
Alternatively complete the short claim form below and one of our trained advisors will aim to call you back within 30 minutes.
