£35,000 Compensation for Cyclist Injured in London Cycle Lane

Blanca Diego Casas

Cyclist receives compensation for crash in London cycle lane

In this second case, Blanca Diego acted on behalf of our client who was cycling in the cycle lane, next to a bus, when another vehicle exiting a side road, crossed the main road and drove onto the cycle lane and into the path of our client.

The collision caused our client to fall from his bike and rendered him unconscious. He finally regained consciousness a short time later in an ambulance, on the way to A&E. It was at this point that he discovered that the driver of the vehicle had not stopped at the scene of the collision.

On instructing Blanca, she referred the case to the Motor Insurer’s Bureau (MIB) under the ‘Untraced Agreement’.

The MIB admitted liability for the accident and instructed a Consultant in Accident and Emergency Medicine. The expert concluded that, as a result of the accident, our had sustained the following injuries:

1. Whiplash to the neck, with associated headaches;
2. Soft tissue injuries to the lower and middle part of the back, with difficulty lifting objects;
3. Severe anxiety due to psychological trauma; and
4. The loss of teeth (first and second incisors).

Further reports were obtained from a consultant psychiatrist and a dental surgeon.

The consultant psychiatrist concluded that due to the collision, our client was experiencing moderate ‘situational anxiety disorder’, which manifested itself as a fear of travelling, and moderate symptoms of ‘post-traumatic stress disorder’.

These psychological symptoms were moderately affecting his social, cognitive and emotional function and the expert recommended 8-10 sessions of CBT to aid his psychological recovery.

The MIB released an early interim payment of £1,000 so our client could fund the recommended treatment.

The dental surgeon’s report confirmed the future dental treatment that our client would require.

The MIB made an initial offer of £23,000 (£15,000 for general damages and £8,000 to cover future dental treatment).

In response to this offer, Blanca drafted a detailed Schedule of Loss confirming all the past/future expenses resulting from the collision. This and a counteroffer was made to the MIB and the case settled for nearly £35,0000

Blanca comments:

“Cycle lanes in London are meant to offer cyclists a measure of protection and confidence when cycling. My client was subject to a wholly avoidable collision by a driver who did not respect the division of the road into a cycle lane and who then cowardly sped away from the scene of the crash.

This case is a reminder that sometimes psychological injuries take longer to heal and can have a profound impact on an individual. My client, who had been outgoing and sociable before the collision, was sadly reduced to a shadow of his former self. We were pleased to arrange for an interim payment to be made to him in order for CBT therapy to begin.”

Interim payments are made before the conclusion of a case. Such payments are crucial to ensure appropriate medical treatment can be pursued. In other cases, they are used to pay for home alterations needed to allow the injured person to continue living in their home.

Have you suffered injury due to a bike accident?

If you have suffered an injury due to a bike accident, you may be able to claim compensation. Call our specialist bicycle accident lawyers for a free consultation on 020 7485 8811.