You may be eligible to make a motorbike accident claim if another road users or pedestrians actions (or lack of action) resulted in you being injured in a road traffic accident. In such cases, you might be eligible to claim compensation for any suffering as well as any associated financial losses.
In our motorbike accident claims guide, we’ll explain the types of incidents that could result in a compensation claim, how the claims process works, and what level of compensation might be paid for certain injuries.
Our team of personal injury solicitors offer a No Win No Fee service for all accepted motorcycle accident claims. Our solicitors have been dealing with injury claims on behalf of clients for many years, so after you have read the rest of this guide, and if you’re ready to do so, please feel free to call our team on 0800 6524 881 for further advice on starting a claim.
Are You Eligible To Make A Motorbike Accident Claim?
To be eligible to make a motorbike accident claim for compensation, you need to show that:
- You were owed a duty of care by somebody who was negligent; and
- As a result of that negligence, an accident on your motorbike happened and you were injured.
Negligence that could lead to a motorbike accident claim comes in various forms that we’ll look at in the next section. However, if an accident does take place, you should follow some simple steps just in case you go on to take legal action. They include:
- Writing down the details of any/all other vehicles involved in the motorbike accident.
- Swap details with the road user/s or pedestrian/s responsible for the accident.
- Taking pictures or videos of the accident scene on your phone. Ideally, you should try to do this before any vehicles are moved (but only if is safe).
- Reporting the motorcycle accident to the police if there are any injuries.
- Seek medical attention so that your injuries can be treated.
- Recording contact details for any witnesses.
- Ask for copies of any dashcam footage that’s available.
These steps are important as you’ll need to prove what happened (witness statements could help here), who was to blame for the accident, and how you were injured (medical records). We can review any evidence that you have collected thus far and let you know if anything else is required. For more information on how we could help you claim compensation for a motorbike accident, please get in touch today.
Common Causes Of Motorcycle Accident Claims
As mentioned earlier, to make a motorcycle accident claim you need to show that somebody else owed you a duty of care. This can be established by referring to the Road Traffic Act 1988 and the Highways Act 1980 as well as other pieces of legislation. If your case is taken on, your solicitor will know which laws are relevant, so you needn’t worry too much about this.
Instead, let’s look at the common causes of motorcycle accident claims:
- Where another vehicle pulls out in front of you at a junction.
- If a car passenger opens their door and knocks you from your motorcycle.
- If you were injured by a pothole or sinkhole that the council are aware of but have not repaired caused you to come off your bike.
- If you are hit by a driver who is under the influence of drink or drugs.
- If you are the victim of road rage.
There are many different types of accidents that could happen involving motorbikes and other road users. It’s important to note that some of the acts that lead to motorbike accident claims could also be criminal acts. As such, the defendant could be prosecuted by the police. It doesn’t matter whether they are though so long as they have an insurance policy, you could make a claim against it. Our solicitors could even help you claim through the Motor Insurers’ Bureau if the other road user has no insurance or commits a hit and run offence.
How Much Compensation For A Motorbike Accident?
When calculating compensation for a motorbike accident, several elements are taken into consideration and evidence must be provided as to why you’re requesting each amount. Therefore, we can’t really provide personalised compensation estimates without knowing the full details. Instead, why not call our team to ask for your case to be reviewed for free?
The different parts that might be included when calculating motorcycle accident compensation include:
- Your pain and suffering – based on the severity of your injuries.
- The cost of replacing personal property damaged in the motorbike accident.
- Any lost earnings, care costs, medical expenses, and travel expenses related to your injuries.
To help prove how much you have suffered, you may need to attend a local medical assessment. Your solicitor will make an appointment with a local medical professional so that there’s no need to travel too far.
Motorcycle Accident Compensation Calculator
While it’s not possible (without knowing the full details) to calculate how much your claim might be worth in total, we can supply some estimated compensation payouts for different injuries by using the motorcycle accident compensation calculator below. It has figures based on the Judicial College Guidelines (JCG). This is data that legal professionals like our personal injury solicitors use when setting compensation settlement amounts.
As you can imagine, there is a massive list of injuries possible following a motorbike accident ranging from minor sprains and strains to severe back or neck injuries. Therefore, don’t worry if yours isn’t listed. We could still help you make a motorbike accident claim and provide a compensation estimate once we know exactly what happened and the consequences the accident and injuries have had.
Please note, we can help you claim if you have lost a loved one in a fatal accident or would like to claim on behalf of somebody who’s lost the mental capacity to represent themselves. Call today and we’ll explain this in more detail.
Motorbike Accident Claims Time Limits
The law in the UK is that a 3-year time limit applies to motorbike accident claims. The time limit in most circumstances will start from the date your accident took place. However, some exceptions do exist to this rule.
One case is where you don’t find out about your injuries until a later date. This might be the case if you were in a coma for some time after your motorcycle accident. In this instance, the 3-years would start from the date you were made aware of your injuries.
The 3-year time limit essentially doesn’t apply if a motorcyclist loses their mental capacity to claim. In this scenario, a friend or relative may represent the claimant and deal with solicitors on their behalf.
Our advice is that starting the motorbike accident claims process as soon as possible could make things easier for you. It will certainly give your solicitor plenty of time to gather documentation and evidence to help support your claim.
In cases where the defendant takes the blame for the accident and also your injuries, it is typically possible for everything to be resolved in a matter of months. Should liability be denied, claims can take longer while further evidence or medical reports are gathered.
No Win No Fee Motorbike Accident Claims
No matter how straightforward your motorbike accident claim appears, you should know one thing: you are going to have to deal with an insurance company in most cases. They won’t pay compensation unless you can clearly show how their client caused your accident and any injuries you’re claiming for.
We believe the easiest way to win a motorcycle accident compensation claim is to have a personal injury solicitor on your side. If your case is accepted, one of our specialists will be appointed to work with you. They will listen to what happened carefully and go about gathering evidence to support your case. Once everything is ready, they’ll forward the claim to the insurance company and deal with everything for you thereafter. If any arguments come back about liability, your solicitor will call upon their legal training to try and counter them for you.
In all accepted cases, our solicitors operate on a No Win No Fee basis and will always try to maximise the amount of compensation you receive. To learn more about how we can help make a No Win No Fee motorbike accident claim, please call today on 0800 6524 881, or use our live chat service or one of the call back forms to get in touch.
Updated 10th September 2021.