FAQs

While claims management companies (CMCs) can help with your cycling injury claim, there are several reasons why you’re usually better off going directly to a specialist like The Cycling Solicitors.

1. They’re Not Legally Qualified

• Most CMCs are not run by solicitors – their staff often have limited legal training
• They can’t represent you in court, give legal advice, or negotiate complex settlements
• They usually act as a middleman, passing your case on to an actual law firm, often for a fee

2. You May Not Get the Best Representation

• CMCs typically work with a panel of solicitors who pay them for leads
• This means your case may go to the firm that paid the most, not the one best suited to your needs
• You have no control over who ends up with your case and their qualifications

3. You May Pay More

• Some CMCs charge a referral fee or take a cut of your compensation
• You may end up paying more than you would with a “no win, no fee” solicitor who doesn’t use a third party

4. Less Transparency and Accountability

• CMCs are regulated differently from the Cycling Solicitors and are not held to the same professional or ethical standards
• The Cycling Solicitors are regulated by the Solicitors Regulation Authority (SRA) and are legally accountable for the quality of their advice and service

5. They Lack Cycling-Specific Expertise

• Most CMCs handle a wide range of claims (car crashes, PPI, etc.) and rarely understand the unique nature of cycling accidents
• The Cycling Solicitors are specialists in cycling claims and are far better equipped to:
  • Challenge unfair blame (e.g. no helmet, no lights)
  • Understand road layouts, driver behaviour, and cycling infrastructure
  • Accurately value your injuries and losses, including bike damage and long-term impact

The amount of compensation you may receive depends on a range of factors specific to your case. These typically include:

• The severity and type of your injuries
• The impact on your daily life and ability to work
• Medical treatment and rehabilitation costs
• Damage to your bicycle and gear
• Any future care or ongoing medical needs
• Loss of earnings (past and future)
• Pain, suffering, and loss of amenity

At The Cycling Solicitors, we assess each claim on its own merits and can provide a more accurate estimate once we’ve reviewed your case in detail.

We aim to secure the maximum compensation you’re entitled to and ensure that any settlement reflects the full extent of your physical, emotional, and financial losses.

You can read about some of the people we've helped and how much compensation we were able to win on their behalf here...

Usually, no – at least not without speaking to the Cycling Solicitors first.

While the offer may seem tempting, especially if you're out of work or struggling financially, accepting it:

• Ends your claim permanently – even if your injuries worsen later
• Could mean missing out on thousands in compensation for pain, lost income, or future care

We’ve seen many cyclists who were offered £1,000–£2,000 early on, but with proper medical evidence and legal support, their claims were later worth £5,000–£25,000+.

Yes. Going to hospital is not a requirement for making a cycling injury claim. What matters is that you suffered an injury and can provide evidence of it.

If you didn’t attend hospital, we can still support your claim using:

• GP or physiotherapy records
• Photographs of your injuries
• A medical report arranged by us from an independent expert
• Evidence of your symptoms, recovery time, or how the injury affected your work and daily life

In fact, many cyclists don’t go to hospital immediately – especially for soft tissue injuries – but still suffer pain, financial loss, or need time off work or treatment.

The important thing is to:

• Seek medical attention as soon as possible (even from your GP or physio)
• Keep records of your symptoms and treatment
• Contact the Cycling Solicitors as soon as possible, so we can gather the right evidence

In England and Wales, personal injury claims are assigned to "tracks" in the court system based on their value and complexity. This helps determine how the claim is managed and what rules apply.

1. Small Claims Track

• For claims under £1,000 (personal injury for cyclists) or under £10,000 (non-injury parts, like damage to your bike)
• Usually simple cases
• Legal costs are not usually recoverable, even if you win
• Often dealt with in a short hearing
• Best suited for minor injuries or simple non injury damage-only claims

2. Fast Track

• For claims worth between £1,000 (for cyclists) and £25,000
• Injury must be moderate but not complex
• One-day court hearings, limited expert evidence
• Legal costs are limited (fixed costs), but recoverable if you win

3. Intermediate Track (introduced in October 2023)

• For moderately complex claims valued between £25,000 and £100,000
• Designed for cases that are too complex for fast track, but not as demanding as multi-track
• Stricter control over costs and time than multi-track
• Legal costs are recoverable but fixed, depending on the case the "band"

4. Multi Track

• For complex or high-value cases (usually over £100,000 or with serious long-term injuries)
• No strict limits on legal costs, more flexibility
• Often involves multiple experts, longer hearings, and detailed evidence
• Used for catastrophic injuries, permanent disability, or complex liability disputes

In most cases, no, your claim will not need to go to court.

The vast majority of cycling accident claims are settled out of court through negotiation with the other party’s insurance company. We will handle all communication and negotiations on your behalf to reach a fair settlement as efficiently as possible.

However, if the other party denies liability or offers an unreasonably low settlement, court proceedings may be necessary to protect your rights and ensure you receive the compensation you deserve. Even then, many cases settle before the final court hearing.

Our team will keep you fully informed at every step and only recommend court if it's in your best interest.

Damages are assessed by looking at the full impact the accident has had on you, both physically, psychological and financially. They are divided into two main categories:

1. General Damages – for pain, suffering & loss of amenity (PSLA)

This covers:

• Physical pain
• Emotional or psychological distress
• Reduced quality of life (e.g. inability to cycle, work, or enjoy hobbies)

How it’s calculated:

• Based on your medical evidence (from an independent medical expert)
• Compared against guidelines set by the Judicial College (used by courts and insurers)
• Past cases with similar injuries are used as reference points

Example:

• A minor soft tissue injury might be worth £1,000–£3,000
• A moderate fracture or long-term joint damage could be worth £5,000–£25,000+
• A serious head injury or permanent disability can be worth £100,000+

2. Special Damages (for financial losses and out-of-pocket expenses)

These are actual costs and losses you’ve suffered because of the accident. They include:

• Lost earnings (past and future)
• Bike repair or replacement
• Travel expenses (if you couldn’t use your bike)
• Private physiotherapy or medical treatment
• Care and assistance from family or carers
• Medication, equipment, or home adaptations

These are supported by receipts, payslips, invoices, or logs. The more detail, the stronger the claim.

Future Losses

If your injuries have a long-term impact, damages can also include:

• Future medical treatment or rehab
• Loss of earning potential
• Ongoing care or support needs

You can speak to the driver at the scene of the accident to exchange basic information, but you should be very careful about what you say and avoid discussing blame.

At the scene, you should:

• Stay calm and polite
• Get their name, address, phone number, vehicle registration, and insurance details
• Take photos of the vehicle, scene, and any damage
• Ask for details of any witnesses
• Avoid admitting fault, even if you’re unsure what happened

After the scene:

• Don’t continue communicating with the driver or their insurer directly
• Let the Cycling Solicitors handle all contact – this protects your claim and avoids giving statements that could be used against you

It’s also a good idea to:

• Report the incident to the police (especially if you’re injured)
• Get medical attention and keep records
• Contact the Cycling Solicitors early to help preserve evidence and guide next steps

We’ll speak to the driver’s insurer and deal with any liability disputes on your behalf.

No – it’s best not to speak directly to the driver’s insurance company without legal advice from the Cycling Solicitors.

Their goal is to protect their client and minimise what they pay out, so anything you say could be used to:

• Dispute liability
• Downplay the severity of your injuries
• Offer a low settlement before you know the full impact of your injuries

Even casual or well-meaning comments like “I’m feeling better now” or “It was partly my fault” could harm your case.

Instead, you should:

• Politely decline to give a statement
• Say you are seeking legal advice from the Cycling Solicitors
• Let the Cycling Solicitors deal with all communication – we’ll protect your interests and handle all negotiations

At The Cycling Solicitors, we ensure no contact with insurers happens without your claim being properly assessed.

Yes. In most cases, you have 3 years from the date of the accident to start a personal injury claim.

This is called the limitation period, and it’s set by the Limitation Act 1980.

Standard rule (for adults):

• You must issue your claim within 3 years of:
  • The date of the accident, or
  • The date you first realised you were injured because of the accident (if that came later)

For children:

• The 3-year limit starts when they turn 18
• A claim can be brought at any time before their 21st birthday
• A parent or guardian can also bring a claim on their behalf before that

For people lacking mental capacity:

• If someone lacks capacity to manage their own legal affairs, there is no time limit unless they regain capacity

No – you do not have to use the solicitor appointed by your insurance company.
You have the legal right to choose your own solicitor, especially if you want someone with more experience in cycling injury claims.

Why your insurer may push their own solicitor:

• Insurance companies often have agreements with certain law firms
• These firms may handle high volumes of cases – sometimes at the expense of personal attention or specialist knowledge
• You might be seen as a case number, not a person

Why choosing the Cycling Solicitors can be better:

• You can choose a firm that specialises in cycling accidents, not just general personal injury
• The Cycling Solicitors will:
  • Understand cycling-specific issues (e.g. helmet use, road positioning)
  • Accurately value bike damage and cycling-specific losses
  • Be more proactive in challenging insurers
• You’re more likely to get clear communication and expert advice

Legal expense insurance (LEI):

If you're claiming under a legal expenses policy, your insurer might try to restrict your choice – but under UK law, you have the right to choose the Cycling Solicitors once proceedings are likely (per the Insurance Companies (Legal Expenses Insurance) Regulations 1990).

You can absolutely choose to have private treatment - and in many cases, this is encouraged to help you recover more quickly and get back to normal life sooner.

If your cycling accident claim is successful, the cost of reasonable private treatment (such as physiotherapy, scans, surgery, or counselling) can be included in your compensation and reimbursed by the other party’s insurer.

You don’t have to rely solely on the NHS, especially if:

• There are long waiting times
• You need more frequent or intensive treatment
• You want to see a specialist of your choice

No – you are not obliged to accept treatment arranged by the driver’s insurance company. You have the right to choose your own medical care.

While insurers may offer treatment (like physiotherapy) to appear helpful or to limit their costs, it’s important to consider:

Why you might not want to accept:

• The treatment may be limited or not tailored to your needs
• It may be provided by companies with a financial relationship with the insurer
• Accepting their care might be used to undermine your injury claim or limit further treatment costs
• You might be pressured to settle your claim early, before knowing the full extent of your recovery

Your rights:

• You can choose your own physiotherapist, specialist, or private care provider
• If your claim is successful, the cost of reasonable private treatment can be included in your compensation

At The Cycling Solicitors, we help ensure that your treatment supports your recovery and your claim, without pressure from the insurer.

There’s no exact size a pothole must be to make a successful claim, but generally:

• In England and Wales, a pothole that is about an inch may be considered dangerous enough for a claim.
• Local councils or highway authorities use these guidelines when deciding whether a pothole should have been repaired.

However, each case is judged on its specific circumstances. Even a small pothole might justify a claim if:

• It was in a dangerous location (e.g., on a bend or at a junction)
• It had been reported but not repaired
• It caused a serious accident or injury

If you've been injured due to a pothole, it's important to photograph it with measurements as soon as possible. We can assess whether you have a valid claim based on the evidence.

Contributory negligence means that you were partly to blame for the accident or the severity of your injuries. If it's found that your actions contributed to what happened, your compensation may still be awarded – but it will be reduced to reflect your share of the responsibility.

Common examples in cycling claims include:

• Not wearing a helmet
• Riding without lights at night
• Failing to follow road rules
• Not paying attention to your surroundings

How does it affect compensation?

If you’re found, for example, to be 25% responsible, your final compensation amount will be reduced by 25%.
So, if your full claim was worth £10,000, you would receive £7,500.

Our role is to challenge unfair allegations of contributory negligence and minimise any reduction in your compensation wherever possible.

Not wearing a helmet does not automatically prevent you from making a claim, and you can still receive compensation for your injuries.

However, it might affect the amount you receive if the insurer can prove that:

• A helmet would have reduced the severity of your head injury, and
• Your injury was partially caused or worsened by not wearing one.

This is known as contributory negligence. In practice, reductions are usually only considered if:

• You suffered a head injury, and
• Medical experts agree that wearing a helmet would have significantly reduced the harm

Even then, any deduction is often modest – typically 10–25%, depending on the circumstances.

If your injuries are not to your head or brain, the fact you weren’t wearing a helmet is usually irrelevant to your compensation.

We’ll work to challenge any unfair attempts to reduce your claim and ensure your case is judged fairly based on the medical evidence.

If you were cycling at night or in low visibility without lights, it could affect your claim, but it doesn’t mean you can’t claim.

Not having lights may be considered a form of contributory negligence – meaning you may be seen as partly responsible for the accident or the severity of your injuries.

How it could impact your claim:

• If the accident happened in the dark and the other party says they couldn’t see you, the insurer may argue that your lack of lights contributed to the collision.
• If that argument is accepted, your compensation could be reduced – for example, by 10–25%, depending on how much it affected the accident.

However:

• You can still make a claim even if you didn’t have lights.
• We will look at all the evidence, such as street lighting, road layout, driver behaviour, and visibility, to challenge any unfair reductions.

Our role is to fight for a fair outcome and ensure your claim reflects the full circumstances, not just whether your lights were on.

Yes. Having witnesses can strengthen your case, but they are not essential for making a successful cycling accident claim.

Many claims are based on:

• Your account of the incident
• Photographs or video footage (e.g. from helmet cams, CCTV, or dashcams)
• Police reports, if they attended the scene
• Medical records and injury evidence
• Damage to your bike or gear, which can help prove what happened

Even without a witness, we can build a strong case using other forms of evidence. The key is to report the accident to the police promptly, gather as much evidence as possible, and get legal advice early.

If liability is disputed, we’ll work to obtain supporting evidence – for example, CCTV to support your version of events.

A pre-existing injury or condition does not stop you from making a claim, but it can affect how your compensation is calculated.

Here’s how it works:

✅ You can still claim if the accident:

• Made your condition worse
• Brought symptoms back that had settled
• Delayed your recovery from an existing issue

This is known as a "exacerbation" claim and it’s very common.

How compensation is affected:

• You’re entitled to damages for the additional harm the accident caused – not the original condition itself.
• A medical expert will usually be asked to give an opinion on:
  • How long your condition would have lasted without the accident
  • To what extent the accident worsened your health

The Cycling Solicitors will use this to help value the claim fairly.

Yes. If your bike is damaged or your injuries prevent you from cycling, you can claim for reasonable travel expenses you've had to pay as a result of the accident.

You can claim for:

• Public transport fares (e.g. bus, train, Tube)
• Taxi fares (especially for medical appointments or commuting)
• Fuel costs if you're driven by friends or family
• Parking charges for necessary appointments
• Bike hire or temporary rental costs

What you need to do:

• Keep all receipts and tickets
• Record mileage, dates, and reasons for journeys (e.g. “to physiotherapy”)
• Make sure costs are reasonable and directly related to the accident or your recovery

Even if your injuries are mild, travel costs can quickly add up – and they’re a legitimate part of your claim.

The Cycling Solicitors will include these expenses when preparing your case, so you're properly reimbursed.

Mitigation means you have a duty to take reasonable steps to reduce the impact of your injuries and financial losses after an accident.

In simple terms, you can still claim compensation, but you’re expected to act sensibly to avoid making things worse or more expensive than necessary.

Examples of mitigation include:

• Seeking medical treatment promptly
• Following your physiotherapist’s or doctor’s advice
• Attending recommended rehabilitation or therapy
• Returning to work as soon as you’re medically able
• Not refusing reasonable private treatment if it speeds up recovery

If you fail to mitigate your losses, the insurer or court might reduce your compensation. For example, if you delay treatment and your condition worsens, the other side may argue that part of your injury was avoidable.

At The Cycling Solicitors, we help guide you through this process to ensure you meet your responsibilities and protect the full value of your claim.

Care and assistance refers to the help you needed after your accident – either from a professional carer or from friends and family – as a result of your injuries.

This can form an important part of your compensation claim, even if the care was provided unpaid by loved ones.

Examples include:

• Help with washing, dressing, or personal hygiene
• Cooking, cleaning, and household chores
• Transport to medical appointments
• Assistance with childcare or shopping
• Support with medication or rehabilitation exercises

You can claim for:

• Paid care (e.g. professional carers or physiotherapists)
• Unpaid care (e.g. help from your partner or family), which is valued at a standard hourly rate – often around £10 to £12 per hour

We will help calculate and document the time and type of assistance you've received so it can be included as part of your overall compensation.

A pre-med offer (short for pre-medical report offer) is when the driver’s insurance company offers you compensation before any medical evidence has been obtained.

It usually happens very early in the process, often just days or weeks after the accident and usually before you've had a chance to:

• See an independent medical expert
• Understand the full extent of your injuries
• Calculate your losses (e.g. time off work, treatment costs, long-term impact)

Why insurers make pre-med offers:

• To settle quickly and cheaply
• To avoid paying for your ongoing treatment or long-term effects
• To prevent you from getting legal advice and realising the claim is worth more

The Pre-Action Protocol is a set of formal rules and steps that must be followed before starting a personal injury claim in court.

It’s designed to encourage:

• Early communication between both sides
• Exchange of information and evidence
• The chance to settle the case without going to court

These rules are set by the Civil Procedure Rules (CPR) and apply to most personal injury claims, including those involving cycling accidents.

Key Steps in the Pre-Action Protocol:

1. Letter of Notification

• Sent early to the driver or their insurer, informing them that a claim is likely.

2. Letter of Claim

• A detailed letter setting out:
  • What happened
  • Who is believed to be at fault
  • The injuries and financial losses you’ve suffered
• The insurer has 21 days to acknowledge it, then 3 months to investigate and respond.

3. Disclosure of Key Documents

• Both sides may exchange documents like police reports, repair invoices, medical notes, or CCTV.

4. Medical Evidence

• An independent medical expert will prepare a report to support your injury claim.

5. Settlement Negotiations

• Once the evidence is exchanged, both sides try to settle the case.
• If no agreement is reached, your solicitor may issue court proceedings.

Disclosure is the process where both sides share evidence and documents that are relevant to the claim. This includes anything that supports or challenges either party’s case.

It's a key step in ensuring the claim is fair, transparent, and based on the facts.

🔍 When Does Disclosure Happen?

Disclosure usually happens after the insurer has responded to the Letter of Claim, and particularly when:

• The case is progressing through the Pre-Action Protocol
• Court proceedings have started, and directions (instructions from the court) have been given
• Both parties are preparing for trial or settlement negotiations

It typically takes place before any court hearing, often several months into the claim process, once liability and injuries have been assessed and the medical evidence is available.

📁 What Has to Be Disclosed?

Each side must disclose:

• Documents that support their case
• Documents that weaken their own case
• Documents that help the other party's case

Examples include:

• Medical records
• Repair or replacement invoices (e.g. for your bike)
• Photos of the accident scene or injuries
• CCTV, helmet cam, or dashcam footage
• Witness statements
• Correspondence (emails, texts, police reports)

⚖️ Why Disclosure Matters

• It helps settle the case based on all available facts
• Hiding or refusing to disclose relevant documents can lead to sanctions by the court
• Your solicitor will review everything carefully to protect your position and challenge the other side’s version of events

At The Cycling Solicitors, we ensure proper disclosure is made and used strategically to strengthen your case and support a fair outcome.