Cyclists – what to do if you are injured in a road traffic accident

With cycling becoming ever-popular, particularly since the lockdowns of 2020, there has been a corresponding increase in the number of injured cyclists that we have been asked to help after accidents.

The following is our guide as to what cyclists should do if they are involved in an accident which will maximise their prospects of both winning the claim and recovering appropriate compensation:

At the scene of the accident

• If possible and when safe to do so, use your mobile phone to take photographs and/or film of the location, all the vehicles and people involved in the incident including the witnesses.
• Accurately record the time of the accident – check with others present that they agree that the time is correct.
• Ask any drivers involved in the collision for their mobile phone number(s) and enter them in your phone. That may be a lead to important evidence at a later date if liability is denied, as their service provider will be able to ascertain if a motorist was using their mobile phone at the time of the accident.
• Take names and contact details of the person(s) who was/were responsible for the collision and all those who witnessed it. Film the witnesses telling you what they saw provided they agree.
• Ensure you take the registration number(s) of all the vehicle(s) involved including those of witnesses.
• If you have a GPS, camera footage or other record of your journey, make sure it is stored safely for future use if needed.
• Record details of the Police officers who attend including their names, collar numbers and Police station. Often they will hand you a business card, so remember to ask for one.
• Make a record of the exact location of the accident. Either the Police, your SatNav or your phone mapping App will provide the details.
• Often, a brief sketch map will help, although if you don’t have paper and a pencil/pen, that can be done later or by using Google Maps.
• If you cannot do any of the above at the time, ask someone else to do it for you as soon as possible after the accident.

After the accident

• Report the incident to the Police if you haven’t already done so and obtain the Police reference number for the accident. Please do this even if you can’t trace the person and/or vehicle which caused the accident.
• Arrange for all your damaged property including the bicycle and clothing to be stored in a safe place in case insurers want to inspect it later. Photograph it on your mobile phone and keep the pictures as your solicitor will want to see them.
• Report the accident to your insurers who will arrange for the repair/replacement of any damaged items.
• If your accident occurred near buildings, consider visiting them to see if any of the occupants/residents were witnesses to the accident and if so, take their contact details.
• Where possible obtain 2 quotes for the repair/replacement of the bike. Ensure that you keep the damaged bike in a safe place. If it is to be repaired, take plenty of photos of it from many different angles showing all the relevant damage before it is mended.
• Check if you have legal expenses insurance to cover the cost of bringing a claim against the person responsible for the accident. That cover could be contained in your house buildings and contents policy, in a specialist bike insurance policy or elsewhere. This could save you thousands of pounds in legal fees at a later date.
• Start to keep a daily record (preferably on a spreadsheet) of all your losses and expenses including receipts where possible from the date of the accident. Remember to include mileage to and from medical and other appointments and hours of unpaid care and assistance received from friends and family who provide you with personal care, lifts and help you in other ways such as doing your shopping or housework.
• Photographs of your injuries are helpful but not urgently required. If you do take them, ensure they are of high resolution, taken outdoors in daylight and start with a head-and-shoulders shot of you facing the camera followed by pictures of you pointing to the injuries and then close-ups of the injuries with a ruler, measuring tape or similar alongside them. The photos should be digital and contain metadata as to when they were taken. Please make a note of the name and contact details of the person who takes them.
• Draw a diagram to show how the accident happened.
• If possible, in some cases it will help your claim if you return to the scene of the accident and take photos and film showing the approaches of all parties to the accident location.
• Instruct an established, reputable firm of solicitors that deals with injury claims, preferably one located close to you so that you will be able to visit their offices to consult with a qualified and experienced solicitor or other lawyer.

This list is not exhaustive but may well help you if you are unfortunate to be injured whilst cycling anywhere in the UK.