A bike accident can leave you with physical pain, disruption to your life and medical expenses. When an accident was caused by someone else’s negligence, there is scope for you to make a claim - but all too often, cyclists make the same avoidable mistakes, with the result that they miss out on the chance to make the claim for compensation that they are entitled to.

At JMW, our cycling accident solicitors have helped many people successfully navigate the claims process. Here, we share the most common pitfalls and explain what you should do instead to protect your right to claim.

Not Getting Medical Attention

Even if your injuries seem minor, you should seek medical assistance as soon as possible after any kind of road traffic accident. Soft tissue injuries, head injuries and even fractures can take time to become fully apparent. Getting checked by a doctor is important for protecting your health, and also creates a medical record that links your injuries directly to the accident.

Without medical records, it becomes harder to prove that the accident caused your injuries. This can delay or weaken a bicycle accident claim. Always make your health your first priority, and ensure any injuries are properly documented.

Failing to Report the Accident

Even if the accident seems minor at first, it's important to report it, particularly if another road user was involved or you were injured. If another vehicle or road user was involved, even if they left the scene and you weren't able to get their details, contact the police and ask for the incident to be recorded.

This creates a formal record of what happened and the police report that is created can be used as evidence.

If the accident was caused by a road defect - such as a pothole or damaged cycle lane - report it to the relevant local authority as soon as possible.

They will make a formal record that will support your personal injury claim. It proves the accident happened, shows you acted promptly and helps your solicitor gather the right evidence. If you don’t report the accident, it becomes much harder to prove how or where it occurred.

Not Gathering Evidence at the Scene

If you’re able and it is safe to do so, collect evidence from the scene of a cycling accident. This can include:

• Photographs of the accident scene, your bicycle, any damage and visible injuries
• The registration number and make of any vehicles involved
• Contact details for the other party and any witnesses
• Notes on the road layout, traffic lights and weather conditions

Even if the other party was uninsured, left the scene or didn’t stop, recording what happened can support a claim through the Motor Insurers’ Bureau - a non-profit organisation funded by the UK motor insurance industry that compensates people injured by uninsured or untraced drivers.

Speaking to the Other Party’s Insurance Company

Avoid speaking directly to the other party’s insurer without first seeking legal advice. You might be contacted with early settlement offers or asked to give a statement. These offers are often far lower than what you’re truly entitled to, and your statement might be used at a later date to highlight inconsistencies.

Always speak to a solicitor before accepting any offers or discussing your injuries, and let them handle any communication. Once a settlement is accepted, you usually cannot reopen the claim - even if your injuries turn out to be more serious than first thought - so it is important that your solicitor takes time to secure as much evidence as possible before negotiating a fair compensation amount.

Not Getting Legal Advice

The personal injury solicitors at JMW specialise in cycling accident claims, which means that we understand how to gather strong evidence, deal with insurers and present a strong case on your behalf. Without legal support, you are at risk of inadvertently undervaluing your claim, missing important deadlines or accepting less compensation than you are entitled to. You could even lose your ability to claim altogether in these cases.

Underestimating the Long-Term Impact of Injuries

It’s easy to focus on immediate symptoms, but many cycling injuries take time to heal. Head injuries, broken bones and soft tissue damage can lead to long-term effects like mobility problems, chronic pain and associated lost income through time off work.

Because of this, the amount you claim for needs to reflect the full extent of the short-term and long-term injury and financial loss that were caused by your bike accident. This includes rehabilitation needs, loss of future earnings, and any ongoing care or support. A solicitor will make sure none of this is overlooked.

Missing Out on Claimable Costs

Aside from injury-related costs, you are able to claim compensation for a number of other expenses related to the accident:

• Any costs related to medical treatment and rehabilitation
• Travel costs to and from appointments
• Bike repairs or replacement
• Lost earnings from time off work
• Care and support needs at home, and in some cases adaptations to your house to help you adjust to a life-changing injury

When you work with the team at JMW, we will make sure your claim accounts for the full extent of costs you have had to take on due to the accident. To help that process, it is important that you keep receipts and records related to these expenses. Even small ongoing expenses, such as travel costs, can add up over time and should be factored into your claim.

How to Strengthen Your Claim From Day One

To give yourself the best chance of securing the compensation you deserve, take the following steps:

• Seek medical attention straight away and keep a record of all treatment
• Report the incident to the police or local authority, depending on the circumstances
• Gather evidence at the scene if it is safe to do so, including photographs, contact details and notes of the conditions
• Speak to the JMW team for advice on whether you have a claim, and how we can help you get the compensation you are entitled to
• Let our experienced personal injury solicitors handle correspondence with the insurance company, and guide you through the process

The JMW team will take the evidence you have gathered, get statements from any witnesses you have contact details for and look to secure further evidence to create a compelling case for compensation on your behalf. We handle the majority of the administrative work while keeping you updated throughout, so you can focus on your recovery.