Our legal partner Osbornes Law are on hand to offer free advice to all LCC members. If you ever need support on a cycling matter, don’t hesitate to contact the cycling team at Osbornes.
Osbornes have been LCC’s legal partner since 2014 and in that time they have helped countless LCC members – they can advise you of your legal rights, the legal process and whether a claim can be brought, all for free. This gives you and your family the best chance of proper access to justice and not being left out of pocket.
Osbornes tend to instruct cases on a ‘no win, no fee’ funding arrangement. This means that while you are pursuing a case, you will not have to meet the legal costs and expenses as the case proceeds. In the unlikely event that the case is not successful, you will not be left out of pocket, and if you win you pay a small success fee from your recovered damages.
I was knocked off my bicycle in London by a driver who failed to see me, and failed to admit culpability. Although it was a slow-motion impact, I ended up in hospital as I'd fractured some of my lumbar vertebrae. As a member of the London Cycling Campaign I was recommended Osbornes. What wonderful advice. They were consummate professionals: extremely clued up and sensitive, and very persistent in following through the action taken against the driver to bring about a financial settlement. I am incredibly grateful to them.
Ben from Clapham
What should I do immediately after a collision?
We hope you’re never involved in a collision, but if you are, our legal partner Osbornes Law have put together this guide on what to do to protect your future health and legal rights: What to do immediately after a cycling collision
I was involved in a crash, but the other party did not remain at the scene. Can I still make a claim?
Yes! If you are the victim of a ‘hit and run’, or the other party is an uninsured driver, you will still be able to seek a compensation award. This is done through a third-party organisation called the Motor Insurer’s Bureau (MIB). The MIB’s job is to step into the shoes of the insurer and to compensate for all genuine claims made against a negligent, but uninsured or unknown, driver. Your solicitor will handle the whole process.
Can I claim for any damage to my bicycle, travel expenses and any loss of earnings?
The ‘heads of loss’ in a cycling accident claim are broad, and cover past losses and expenses as well as rehabilitation and the cost of meeting future needs, including: loss of earnings and prejudice on the labour market; bike repairs and equipment damage; travel expenses and loss of use of bike; treatment, rehabilitation and therapy costs; specialist equipment and care; and adaptations to vehicle and home.
I’ve been injured in an accident and no other road user was involved. Is it possible to bring a claim?
Depending on the facts of your case, if the accident was caused by another party (such as a local authority) not properly discharging their duty of care and causing a highway defect or hazard, it is possible to seek damages from them for injury.
The insurers for the other party have made me an offer to settle the case – do I need to accept?
Contact a specialist firm of solicitors before accepting any offer made, as in our experience such offers can be very low and do not take into account the longer lasting impact of any injuries sustained.
The other party have said I am party to blame – can I challenge this?
In relation to liability, you lawyer will use their expertise and experience to secure 100% liability, or as close to it as possible on the facts of the case. If the opponent was at fault but alleges that it was also your fault, then they are making a claim for ‘contributory negligence’. It is common for contributory negligence claims to be made against cyclists. Example include running a red light, being unlit in the dark, and turning without indicating. Some accidents are genuinely six of one and half-a-dozen of the other. But the hierarchy of responsibility principle has been written into the new Highway Code, so that those with the potential to do the most harm must bear the greatest responsibility to avoid the danger they post. And it is also the case that allegations of contributory negligence can be thrown into discussions for the purposes of negotiation and do not always have merit on close inspection. Speak to an expert lawyer to help decide the facts of your individual case.
How do I start a claim for compensation?
Speak to a solicitor. Osbornes offer a free telephone advice line for LCC members who have been involved in a cycling crash or collision. Expert lawyers from Osbornes’ specialist cycling team will advise you of your legal rights, the legal process and whether a legal claim can be brought.
A car driver attempted a U-turn, didn’t use his mirrors and turned directly into me. I was taken to hospital with soft tissue neck injury, bruising & hearing loss.
Mark from South London
"As an LCC member I contacted Osbornes soon after the accident. They were approachable, responsible and expert. Osbornes guided me through each step of the process, the driver admitted liability extremely quickly, and we reached a settlement with which I was very happy. I’m now back cycling to work and building my confidence over longer distances.
Our legal partner Osbornes Law are on hand to offer free advice to all LCC members. If you ever need support on a cycling matter, don’t hesitate to contact the cycling team at Osbornes.
ASK THE EXPERTS
We hope you're never involved in a collision, but if you are, our legal partner Osbornes Law have put together this guide on what to do to protect your future health and legal rights.
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