Cycling and bicycle accident claims in Scotland

A car pulled out in front of you at Partick in Glasgow. A vehicle door swung open on Leith Walk in Edinburgh. An impatient driver knocked you off your bike after a dangerously close pass on the A915 in Fife.

They didn’t slow down approaching a roundabout. They didn’t see you at the junction. They overtook you too close and too fast.

Whether day or night… dry or wet… an urban commute, a solo day ride or a family pootle in the sunshine… If a cyclist is hit by a car it’s almost a certainty that the rider will come off worse and a bicycle accident can be truly life-changing.

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.

The Claims Process

Is there a time limit for making a claim after a cycling crash?

A cycling accident is treated no differently by the laws in Scotland than any other personal injury matter and to that extent, you have three years from the date of the accident to make a claim.

A note of caution, however. This is a general rule and should not be used as a reason to not make a claim now.  If your accident happened abroad the time limits may vary, your age might be a factor if you are a minor or even where the accident occurred could all be a factor.  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.

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 as compensation.

How much compensation could I or should 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 case studies on the website from other cyclists 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.

My bike was broken, can I claim for it too?

Yes, you can make a compensation claim if your bike was damaged. You can also make a claim for your clothes, your phone and of course the pain and suffering.  Compensation is made up of firstly something called solatium – pain and suffering, loss of earnings, cost of medical treatment, expenses and cost of anything else ruined by the crash.

• 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.

Can I make a “no win no fee” claim if I am injured whilst cycling?

The expression “No Win – No Fee” is often used in personal injury cases and refers to a way of funding a compensation claim when the cycling accident victim does not have the means to pay for the costs involved as the case progresses. 

Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated and employ the best experts concerning the circumstances of the cycling accident. If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.* Insurers understand that we won’t just settle for less and if necessary, will go all the way to court to ensure rightful damages are achieved.

If you are not a current member of British Cycling, we will charge you a percentage of the damages you attain (no greater than 20% including VAT) if we achieve a successful outcome.

Why Choose Digby Brown, to deal with the aftermath of a cycling accident?

There are many good reasons why we think Digby Brown is the best law firm in Scotland to help you after you’ve been injured in a cycling accident. Specifically to cycling, we have a tested and trusted track record. 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.  It is as simple as that. 

Our job is simple – get you back to where before you were hit on that bike

We are here to help you. We are here to talk to you about what happened. We are here to explain the process involved and ensure you understand what is happening. We are here to communicate in plain English. We are here to ensure your case is funded correctly and that you are not exposed to any financial risk. We won’t ever ask you to pay for anything. We will pay all the expenses incurred in your case. 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 and how it has affected you today and in the future.  

We are here to ensure you receive fair compensation and know what the actual level of compensation should be – not what the insurer is prepared to offer… trust us that can be many multiples lower than it should be.

Our track record speaks for itself

Digby Brown Solicitors is a law firm based in Scotland which specialises in personal injury. We don’t sell houses or work in crime. We are dedicated specialists in this field, partly because it is a complicated ever-changing area of law and partly because it allows us to focus on what really matters to the clients we help. And in turn, this has allowed us to grow and expand our services to truly say we are experts in our field.

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 accident.

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. To read his story click here.

FAQs 

Commonly asked questions regarding cycling accident claims

Contact our specialist solicitors today

We never cold call. So when you are ready to discuss your next steps on your bicycle accident claim then call us on 0333 200 5925 or fill in an enquiry form and we will be in touch at a time of your choice.