At Cycling Lawyer we pride ourselves on service. We’ll guide you through the claim and you’ll always have a direct line through to your own personal solicitor, who will be able to fully explain the process and answer any questions you may have.
I want to make a claim but don’t know what to expect?
Most people have never made a claim so this is very common. Broadly the process works like this:
The biggest part of any claim is establishing that the other side caused your accident. The more evidence we have the better. This can be witness evidence or physical evidence, like damage from the point of impact on your bike. Any evidence gathered by the police from the scene will also be helpful.
Rehabilitation and medical evidence
While we’re looking to establish liability, you can focus on your recovery, usually with private rehabilitation if that’s required.
Once the initial phase of rehab is over, we will get you assessed by a medico-legal expert who will prepare a report detailing your injuries and giving a prognosis. This will usually be a senior orthopaedic surgeon, though depending on the nature of you insures they may recommend a further report from a neurologist, psychologist, plastic surgeon, or any other appropriate specialist.
The medical report is a matter of fact description of your injuries. The witness statements are a chance for you to explain the impact that those injuries have had on you, and your family and are usually taken over the phone.
In addition to documenting your pain and suffering, we also need to gather the documents, like payslips and receipts, which show the financial losses that the accident has caused you. Once we have these, we will put together a document called a Schedule of Loss which tells the defendant insurer what we say is the value of your claim.
Once the other side has our schedule of loss then we can try to reach a negotiated settlement. We will guide you through the negotiation process and advise you on the pros and cons of any offers made.
If your claim can’t be settled by negotiation then we will have to issue court proceedings. We're still a long way off having to go to trial at this point, but this is the start of the formal road towards that point. A judge will case manage your claim from here on. The judge may allow the defendant to get their own medical evidence, and the defendant will prepare their own counter-Schedule of Loss, setting out what they think the claim value is.
Once both parties have set out their respective cases, and if the claim still can't be settled by negotiation, then a trial hearing will be listed for a judge to decide how much compensation you should be awarded.
Most claims, even where court proceedings have been issued, still settle by negotiation and only a very small proportion of claims actually go trial.
How long will it take?
We can look to settle your claim at any time after we have established liability in your favour. The best way to get the most amount in damages, however, is to fully investigate your injuries and get a firm prognosis, before you look to settle.
All cases are different, but if you have any questions then call one of our specials cycling claims solicitors for a no-obligation consultation on 01446 794199.