Proving losses after bicycle accident

When cyclists are involved in road traffic collisions, their number one priority is often to get their bike fixed and get back on the road.

That is why, when a client comes to us, one of the first steps we take is to set up a bike assessment.

This involves contacting the client’s preferred bike shop and asking a qualified bike mechanic to examine the bicycle for accident damage and then complete a full assessment without the cyclist having to shop around for a quote for repair.

We are then able to send the bicycle assessment on to the insurance company of the car driver who caused the collision and ask them to release an early payment for the bike damage.

We have recently agreed a service with one of our bike shops, the Glasgow Bike Station, whereby they will collect a bike from a client’s home address should they be house-bound as a result of their injuries.

Internet vouching

Cycling kit is very important to many cyclists and they would not dream of getting back out on their bike without their full gear on.

This means that we also move as quickly as possible to get insurers to pay out for damaged kit. In order to do this, we first ask our clients to provide images of the damage along with the make and model of the item, the approximate date it was purchased and the purchase price. We are well aware that not many people will keep receipts for clothing but we still require to establish the loss and the cost of the replacement so we often provide internet vouching. An example of internet vouching is shown on the left.

We then send this image along with a photo of the damaged item to the insurers and request payment. Damaged cycle helmet

The helmet is one item where we will always request a replacement at
full value because it is a piece of safety equipment. In terms of damaged clothing, we do have to make concessions for general wear and tear when the items are more than eighteen months old.

Not all insurers are willing to pay out for the damaged kit and bike at the outset of the claim, however, if we have provided them with all the relevant information, we do have a stronger argument for claiming for loss of use of the bike if they are unwilling to release payment.

Loss of use of your bike will form part of your claim when you are fit enough to ride but are unable to pay for the repairs. We normally value this at around £25-£50 a week which takes into account the inconvenience caused in losing your only mode of transport and the cost of public transport.

If, however, you are not in a position to get back on your bike and have to rely on another mode of transport, then again we must prove this loss. In order to do this, we ask our clients to keep a note of how often they are using public transport and at what cost. To avoid people having to store weeks of travel receipts, we ask our clients to keep a hold of one day’s travel receipts and then we can do the calculation and provide the information to the insurers.

Once our client has recovered from their injury, we will instruct a medical expert to provide a report detailing the injuries and the likely recovery. Using the Judicial Studies Board Guidelines, we are able to place a value on the claim for the pain and suffering element. If our client has been absent from work, wage details will be obtained from their employer to prove the extent of any wage loss.

At Cycle Law Scotland, we always make the claim process as simple and as straightforward as possible. We are proactive in our dealings with insurance companies. We don’t wait for an offer and will always request early interim payments for any loss that can be vouched and as soon as all the investigations are complete we will put forward our proposals for settlement to the insurers of the party at fault.

The whole team are cyclists so we understand how important it is to our clients to get back on the road as quickly as possible. Whether they have sustained minor injuries or multiple broken bones, we are here to help.

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