How Are Bicycle Accident Claim Payouts Calculated?
By Marlon Madison. Last Updated 27th July 2022. Could bicycle accident claim payouts help you after a road traffic accident that was not your fault? Are you wondering how the new Whiplash Reform Program has altered claiming compensation? Perhaps you need to know if your claim could still be valid?
You may not be aware that cyclists, motorbike riders, sidecar passengers and pedestrians can still claim as before for damages caused by the reckless actions of a motorist if their medical evidence supports it.
With this in mind, it can be possible to access a higher level of compensation for you than the limited tariff allowed in the Whiplash Reform Program. Find out how a solicitor from our panel of personal injury specialists could assist you with your claim by:
- Calling our team on 020 3870 4868
- Email or write to us at UK Law
- Or use the ‘live support’ option to the bottom right of this screen
Select A Section
- How Are Bicycle Accident Claim Payouts Calculated?
- What Are The Two Types Of Damages?
- Does The Cause Of An Accident Affect The Payout?
- Additions And Deductions
- Bicycle Accident Claim Payouts – How Much Could I Receive?
- Check What You Could Claim
After a road traffic accident, you could suffer more than a damaged bike. The costs attached to missing time from work or needing specialist medical care can be expensive. Bicycle accident compensation can help, but it needs to be calculated properly.
Anyone is free to launch their own claim for personal injury. It’s not a legal requirement to work with a personal injury solicitor, but it can help. Their expertise could offer a greater level of insight into precisely what your injuries could be worth and what evidence you would need to uphold this request.
This article discusses how a No Win No Fee agreement can help. Lawyers who offer agreements like this are able to start work on your claim immediately, at no upfront cost to you or any as your claim progresses. Furthermore, they can explain how laws and legislation will need to be used to prove liability in your case.
Bicycle accident claim payouts rely on the evidence that you can present which shows how the accident harmed you. This can be physical or mental harm. Or it can be the costs associated with your injury. These two ‘heads’ of damage mean that a combined amount can be calculated that covers all the repercussions of the personal injury.
General damages are amounts that can be applied to your physical or psychological injury. After an independent medical assessment (which a personal injury lawyer can help arrange for you) your injuries can be compared to those listed in a publication called the Judicial College Guidelines. This guide does not supply guaranteed compensation amounts, but it offers award bracket amounts for a head to toe cross-section of commonly encountered injuries.
The Judicial College Guidelines aim to provide an amount that acknowledges the pain, suffering and loss of amenity your injuries have caused. These figures provide the scope to request similar payouts for you if your injuries match.
Special damages relate to costs that you can prove you had to pay for because of your injury. Receipts, statements, invoices and other documentation can be used to uphold this. Therefore, this evidence could include:
- Wage slips showing Income you have lost from being unable to work
- The cost of expensive medical procedures unavailable on the NHS
- Extra childcare provision while you recover
- Damage to personal items such as eyewear or mobile phone
- Damage to your bicycle
- The costs of any adaptations needed at home
- Domestic care from a paid professional or a family member who helped
- Travel expenses to and from work or hospital as you recover
You may have doubts about the exact circumstances of your accident and how that could have an impact on your claim. It’s important to note that it is the nature and extent of the injury which is reflected in damages, not the cause. If your medical evidence validates your injury caused by the accident, this can be used as evidence in your case.
Specific guidance in the Highway Code requires that all motorists adhere to the standards of skill and care of the average motorist. Furthermore, they should do their utmost to avoid hazardous actions and consider the safety of others. Failure to uphold this responsibility means that if they harm you, regardless of the exact scenario, it can be possible to hold them liable for damages.
Personal injury claims also need to take into account future and predicted costs which means the amount can go up. A personal injury solicitor can help you organise the documentation relating to this and then value these amounts correctly. The final compensation award you receive for a bicycle accident claim payout can vary according to other factors:
What Could You Add To Your Payout?
In addition to special damages, it is possible for multiple injuries to increase your payout. The medical assessment will reveal the full extent of damage from head to toe. The Judicial College provides guidelines for each individual injury. Combined, these can all be part of your payout.
If you suffered a bad back injury, for example, it might be necessary to consider the costs of physiotherapy which could take weeks or months to complete. These are future costs. Because of issues like this, it’s important to carefully incorporate everything that has a bearing, now and in the days to come.
What Could You Deduct From Your Payout?
It may not be possible to clearly lay blame in road traffic accidents and it’s possible there could be a fault on both sides. In cases like this, it can still be possible to receive a reduced and proportionate percentage of the compensation. This is known as ‘split liability’. If you choose to work with a personal injury lawyer they can negotiate the best, proportionate percentage appropriate on your behalf.
As we have explained, general damages is the amount of compensation awarded for the physical pain or psychological effects of an injury. The amount awarded in bicycle accident claim payouts may be influenced by the medical report of the injury – you may be invited to a medical assessment to get this report, which can be arranged in your area.
As mentioned earlier, you can use the Judicial College Guidelines (JCG) to understand potential valuations for an injury. We have created a table, using figures from the 2022 edition of the JCG, of injuries a person could potentially suffer in a bicycle accident to help you with a potential valuation for your claim.
|Injury||severity||Judicial College Guidelines||notes|
|neck||moderate (b)||£23,460 to £36,120||injuries of this nature may require spinal surgery. They include fractures or dislocations and soft tissue damage that leaves impaired function|
|head||moderate (c) (i)||£140,870 to £205,580||injuries that impact speech, sight, memory or intellectual deficit and give greater rise to the risk of epilepsy|
|back||moderate (b) (ii)||£11,730 to £26,050||disruption to ligaments, giving rise to prolonged back issues and levels of pain experienced|
|pelvis||moderate (b) (i)||£24,950 to £36,770||no major or permanent disability with reduced risk of future issues|
|leg||less serious (c) (i)||£16,860 to £26,050||fractures involving an incomplete recovery, sensory loss and an impaired gait or limp. Also included here are soft tissue injuries leaving cosmetic issues|
|knee||moderate (b) (i)||£13,920 to £24,580||mild disability issues in the future, torn cartilage and issues with mobility. Includes conditions that could be exacerbated by this injury|
|ankle||modest (d)||Up to £12,900||minor fractures of an undisplaced nature, sprains and scarring. Based on a tendency for the ankle to suffer weakness or instability now|
If you are requesting special damages in your claim, you should gather evidence of the financial impact your injury has had on you. For help with this, or more guidance regarding bicycle accident claims, please reach out to one of our advisers.
Does The Civil Liability Act 2018 Affect My Payout?
The Civil Liability Act 2018 is set to incorporate a new approach to whiplash claims and seeks to prompt claimants in cases like this toward using a new government online portal to make a claim.
The Whiplash Reform Programme includes an Official Injury Claim service to process soft tissue injuries valued at £5,000 or less (or £10,000 if including special damages). The aim of the new procedure is to limit the number of claims and the cost placed on insurance premiums. This only applies to those over the age of 18 and where they are a driver or passenger of a vehicle.
Understandably, you may not know the full value of your claim at the start. But it’s important to note that claims for cyclists, motorcyclists and sidecar passengers are not affected by the Whiplash Reforms Program and are not made via the portal. Therefore, speak to our advisors to see how you could calculate damages after a cycling accident.
Bicycle accident claim payouts – Time limits
How long after an accident can you claim compensation? Under the terms of the Limitation Act 1980, there is a period of 3 years in which to start a claim. This period can start from either the date of the accident or the time that you first became aware of the injuries (‘date of knowledge’).
In addition to this, there is an extension to this time scale if the accident affected someone under the age of 18. In these cases, the three year limitation period can start from the date that they become 18 (giving them until 21 years old to start a claim).
Or, a parent, guardian or personal injury solicitor can initiate a claim on their behalf as a ‘litigation friend’. This is a role that an adult with the minor’s best interests at heart can take to assume the necessary court duties on their behalf.
In conclusion, as you approach your bicycle accident claim, a No Win No Fee agreement could help. When a solicitor represents you under an agreement like this there is no fee to pay for their services unless your case wins.
In a successful outcome, a maximum of 25% of the settlement amount is due to the personal injury solicitors as their fee. Under No Win No Fee agreements, if your case does not win, there is nothing to pay your solicitors. Learn more by:
- Contacting us on 020 3870 4868
- Or email us at UK Law
- In addition, you can also use the ‘live support’ option at the bottom of this screen
Bicycle accident claim payouts – Related Guides
- Do you have questions about the symptoms of car accident injuries?
- Also, you can access more advice about a common road traffic cyclist injury such as a broken ankle
- As well as this, you can read about more serious types of neck injuries
- Please access more Highway Code guidance specific to cyclists
- Educational resources from Think! about road safety for children
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