How Long Do I Have To Make A Bike Accident Claim?

How Long Do I Have To Make A Bike Accident Claim?

How Long Do I Have To Make A Bike Accident Claim?

If a party that owed you a duty of care caused a bike accident which injured you, you could make a bike accident claim for compensation. However, there is a time limit to start your claim. It will generally begin on your accident date or the date of knowledge. To find out if you are still within the time limit to initiate a personal injury claim following a bike accident on the road, call our advisors now.

If you call our advisors, they will offer to assess your bike accident claim for free. If they see that you could be eligible for personal injury compensation, they could introduce you to a No Win No Fee solicitor from our panel who could begin work on your case immediately.

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How Long After A Bike Accident Could You Claim

There is a limitation period for starting a personal injury claim. The Limitation Act 1980 provides the time limits in which you have to begin legal proceedings after suffering a personal injury. The time limit to start a personal injury claim is generally three years.

You could make a personal injury claim if you meet the following criteria. Firstly, another party owed you a duty of care while travelling by bicycle. Secondly, the other party acted negligently and breached their duty of care. And finally, the negligent behaviour led to an accident which injured you.

Under the Road Traffic Act 1988, road users owe others on the roads a duty of care. Therefore, road users are responsible for following the rules of the road and making responsible decisions to protect the safety of others. For example, drivers must pay careful attention when driving to protect cyclists and other vulnerable road users.

Accidents Which Could Lead To A Cycling Injury

The following accidents on the roads could potentially harm a cyclist and other road users:

  • Bicycle collisions with cars or other motor vehicles
  • Bike collisions with static objects
  • Oil or mud is spilt onto the road, causing a cyclist to come off their bike
  • Dooring accidents, which happen when a car door is opened into a cyclist’s path
  • A cyclist and pedestrian accident.

When Does The Limitation Period Start?

If you want to make a bicycle accident claim, then you must begin your personal injury claim before the case becomes statute barred. There are two main time limitation start dates:

  • The date of the accident
  • The date of knowledge is when you become or should have become aware of negligence.

There are exceptions to these time limits, as you will see as you continue to read the guide. If you want an answer straight away as to whether you are still within the limitation period to start a claim, why not call our advisors now? Through a consultation that is free of charge, they can answer your questions and provide you with free advice.

Could You Make A Bike Accident Claim After The Three-Year Time Limit?

If your bicycle accident occurred more than three years ago, there are sometimes exceptions to the time limit to claim for a road traffic accident. Here are some of the exceptions to the rule:

Child Bike Accident Claims

If a child bike accident occurs caused by a negligent party, the child may be eligible for compensation for any injuries suffered. Children (persons below the age of 18) are not legally allowed to make a personal injury claim themselves. However, a court can appoint an adult to act as a litigation friend and claim compensation on behalf of the child. If the claim succeeds, the compensation will be held in a trust until the child turns 18.

Alternatively, the injured child can wait until their 18th birthday to claim compensation. In this case, a time limit of three years will begin on the claimant’s 18th birthday.

Fatal Bike Accident Claims

Tragically some bike accidents result in fatal injuries. Under the Fatal Accidents Act 1976, the dependants of a person who died from injuries sustained in an accident caused by negligence can often claim compensation.

Time limits for fatal accident claims are three years and normally begin on the date of death.

How Does Mental Capacity Affect Time Limits

Sometimes a cycling accident can lead to injuries that reduce the injured party’s mental capacity. For example, cyclists may experience a head injury that causes intellectual impairment, or they may suffer mental harm. If a person lacks enough mental capacity to be unable to make decisions for themselves, then the time limit is frozen as they are not legally permitted to conduct their own claim.

However, a litigation friend can act on the person’s behalf. A time limit does not apply during this time. And, if the person recovers enough mental capabilities to claim for themselves, they can pursue compensation. So the time limit will begin on this date of recovery.

Example Payouts For A Bike Accident Claim

Bike accident claims that are successful can receive up to two heads of loss.

So, if you win your bike accident claim, your compensation payment can include general damage compensation for the physical and mental harm caused. And you can receive a special damage payment to compensate you for unavoidable expenses caused by your injuries. Such as travel costs or a loss of earnings.

The table below was put together using compensation brackets taken from the Judicial College Guidelines JCG.  When valuing the general damages head of your claim, legal professionals may refer to the JCG as a guide.

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Injury Settlement Amount Brackets
Other Arm Injuries – A £96,160 to £130,930 Severe harm which though serious does fall short of necessitating an amputation.
Other Arm Injuries – C £19,200 to £39,170 The person will have experienced significant disability but will have also had a substantial level of recovery.
Other Arm Injuries – D £6,610 to £19,200 Simple fractures of the forearm.
Foot Injury – B £83,960 to £109,650 Amputation of one foot – This injury is often treated similarly to a below the knee amputation.
Foot Injury – C £83,960 to £109,650 A very severe foot injury – the injury left the person with permanent pain or serious disability.
Hand Injury – D £61,910 to £90,750 The amputation of the index and the middle and/ or the ring finger(s).
Hand Injury – J £9,110 to £12,240 Fracture to the index finger that healed quickly, but left the person with an impaired grip.
Wrist Injury – B £24,500 to £39,170 The person does have some movement, but overall is left with a significant and permanent level of disability.
Wrist Injury – C £12,590 to £24,500 Whilst these are less severe forms of disability to the wrist, they do still cause permanent disability.
Wrist Injury – E Around £7,430 An uncomplicated Colle’s fracture.

The table excludes special damages compensation.

How To Start Your Claim

If you wish to claim compensation for a cycling accident, Advice.co.uk could help you. Our team can offer you free legal advice about making a cycling accident claim. If, after speaking to your in-depth, the advisor can see that you are eligible for compensation, a skilled lawyer from our panel will begin work on your claim.

Many claimants opt to use a No Win No Fee solicitor when making road accident claims because they don’t have to pay an upfront solicitors fee. The claimant will pay a success fee only if they win their claim. Moreover, the success fee will be proportionate to your compensation payout because it is legally capped.

Please get in touch with Advice.co.uk to see if you can claim for your bike injuries:

  • Please call the claims helpline on 0161 696 9685
  • Contact us via the online claims form
  • Or use the web chat widget below to make an enquiry

Learn More About Accident Claim Time Limits

Please feel free to look at the resources below to learn more about accident claims, time limits and claiming compensation for a road traffic accident.

Is There A Time Limit For A Car Accident Claim?

Advice On What You Should Do After A Cycle Accident

A Guide to Making a Claim After a Road Traffic Accident

The Highway Code: 8 changes you need to know from 29 January 2022

The Highway Code – Rules for cyclists (59 to 82)

Cycling safety advice from charity RoSPA

Thank you for reading our guide to making a bike accident claim.