What to do After a Cycle Accident

This page is all about what to do after a cycling accident. When you are sitting in your front room, with time to think, it all seems straight forward. However, in the aftermath of a cycling incident, with shock, perhaps panic, and gallons of adrenaline pumping through your body it can be hard to think clearly.

Hopefully the tips below will help you make the right decisions if you are unfortunate enough to be involved in a cycling crash

Make yourself safe

📷 Alextredz, CC BY-SA 4.0

Immediately after a collision, ideally before you even get off the ground, start assesing your injuries. Does anything feel unusual, do you think you will be able to move off the road? If nothing appears too untoward, then get yourself to the side of the road out of further harm's way as soon as you are able. Stay sitting, breathe deeply, and assess your situation further. If you consider your injuries to be more than minor injuries, then dial 999 if you are able to, and follow any instructions you are given.

If you suspect you have broken a bone, you should keep the affected area still. If you are bleeding, then apply and maintain pressure to the wound until the bleeding stops or emergency services attend.

Stay calm, and avoid swearing or making threats of any kind. You are going to have to speak with the driver, and potentially the police, and you are going to get the details you need much more easily if you are calm.

Get details

Section 170 of the Road Traffic Act 1988 requires parties involved in a road traffic incident to:
- Stop
- Provide names and addresses of driver and/or Registered Keeper
- Provide vehicle registration number
- If injuries sustained, report to police
- If any of the personal details are not exchanged at the scene the incident is reportable to the police within 24 hours
- If someone is hurt, insurance details must be provided there and then. If these are not provided, the incident must be reported to the police within 24 hours and insurance details must be provided to the police within 7 days
It doesn't matter who you, or the driver, thinks caused the accident, the above obligations are non-negotiable. Do not just accept a name and mobile number from the driver, they could be false. If they fail to stop, get what information you can and have a look for any possible CCTV coverage of the area, and then call the police.

If you can, identify who caused the incident. It is not unusual for injured parties to get confused between drivers and passengers, sometimes their own fault, sometimes due to deliberate actions by the driver. Take pictures of the driver, and registration number of the vehicle. Also, take a photo of the vehicle so you can be clear about make, model and colour.

Note down details of any other vehicles, property or people (third parties) involved. If there was anyone who saw the incident and they are willing to give an account of what they saw get their contact details also. This independent account could be crucial if a case goes to court.

Take some photos of the incident location and capture any road defects defects.

If the police do attend, then ask for the officer’s name, collar number and where they are based. This will help you get an Incident Number which you may need when dealing with your solicitor or insurance company.

Report the incident

If you have been injured, or if your bike, helmet or cycle clothing has been damaged, then you should report the matter to the police. Either straight away, or within 24 hours. You can either call Police Scotland on 101, or visit your local police station.

Get your injuries checked

It is recommended that you should always seek medical advice, even for minor injuries. Don't just swallow painkillers and soldier on. Leaving a minor injury untreated could mean it gets worse. Visit your GP, walk in centre or A&E department for professional advice.
When a doctor diagnoses and treats your injuries, your medical records will be updated to reflect this. And, your medical records may be used to support any insurance claim that you make.

Some injuries may take a wee while to show themselves, perhaps a day or two later. So be prepared for this, and be prepared to get them checked out. One important thing to be aware of is concusion. Symptoms may take a while to develop and can include things like sensitivity to light or sound, balance issues, headaches, and even nausea.

Preparing for an insurance claim

Keep anything that was damaged in the incident because it might be needed as evidence in an insurance claim. Don't fix or replace them immediately, you will permission from your insurer.
Take the bike to your local bike shop and get a written quote for repairs. If the bike is a write-off, get a quote for a like-for-like replacement. Be aware that any compensation awarded will be on a value at time basis, and not new for old basis.
Record all expenses that you incur as a result of the collision and injury so that they can be included in any claim you make. This includes taxi or public transport fares, medication and dressing costs. Note you can also include the value of the time expended by friends, relatives, or spouse/partner in assisting with temporary difficulties.
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Seek expert advice

If you are a member of either Scottish Cycling, or Cycling UK then you have legal assistance as part of your membership. Call them (numbers are on their websites) to find out if you have grounds for a claim.

If you are not a member of either of the above, then contact a reputable solicitor with experience in dealing with cycling accidents, e.g. Cycle Law Scotland.