Although there are established bike lanes all around the country, that doesn’t prevent you from meeting with an accident and injuring yourself. According to the Royal Society for the Prevention of Accidents, over 15,000 cyclists die each year due to accidents in the road while roughly 3,000 of them are severely injured.
When to File a Bicycle Accident Claim
Unless your accident was your own fault, you can file compensation against the liable party. Some of the many instances where a claim can be ideal are the following:
• Getting hit by a car or a bus
• Tripping on an unpaved public path
• Getting injured because of a faulty bicycle
• Getting hit by another bicycle
Again the keyword there is “liability.” Who should be responsible for the accident? Who was negligent in his duty to exercise diligent care and maintenance, or who has malicious intent to hurt you.
You should also have sustained injuries to file compensation. This means that when you bring it to court, you must have the evidence to corroborate your claim. You can gather medical and police report, as well as statements of eyewitnesses. If you’ve been hit by a vehicle, you should be able to take note of the plate number, name, and other vital information from the driver.
A claim also becomes more important when you suffer pain and loss because of the accident. You may have injured yourself seriously so you are not able to work and earn the needed income. You could already be due to promotion, but your injuries prevented you from getting it. Worse, if you have died and you’re the head of the family, your family may find themselves in dire straits.
A bicycle accident claim is normally composed of two damages: general and special. The general damage covers the loss, pain, and suffering, while special is for expenses and damages incurred during treatment.
How Soon Should You File?
According to the limitation period, you have within 3 years from the date of the accident to file for compensation. Sometimes, though, you cannot associate the pain and suffering from the accident early on, so your 3 years can begin from the date of knowledge, the time you discovered the cause of your illnesses is the accident. If you have died and your family learned that the accident is the reason for your death later, they can file the compensation claim after your demise.
You have a stronger case, however, if you don’t wait before you are nearing 3 years. This way, the court can see you as determined in getting yourself properly compensated. Moreover, since most cases last for around 6 months to a year, having yours early means you can still make good use of the money.
Do You Always Have to Bring It to Court?
The answer is no. Many claims have been settled out of court, which is ideal if you don’t want to wait too long for the decision. Whether you settle or pursue it, your solicitor will be there to properly represent you and help you make the right judgment.