No Win, No FeeIf you’re a motorcyclist injured in an RTA that wasn’t your fault, this article on motorcycle accident claims will show when you could be entitled to be compensated for your injuries.
If you are interested in making a claim, our team can help. If you call for a no-obligation case review, a specialist advisor will run through your options with you and provide free legal advice. For claims that appear to have strong grounds, we could ask one of our personal injury solicitors to intervene. They provide expert legal representation on a No Win, No Fee basis for any claim they agree to work on. That means you’ll find the claims process a lot less stressful as you’ll know that you won’t pay for your solicitor’s work unless you’re paid compensation.
Are you ready to begin a claim straight away? If so, please call us today on 0800 652 1345. Alternatively, please read the rest of this article to learn more about the process of making a motorcycle accident claim.
Am I Entitled to Compensation for a Motorcycle Accident?
Before accepting your case, personal injury solicitors will typically assess whether you have a reasonable chance of successfully claiming compensation. This preliminary evaluation ensures efficient use of time and prevents any false hope. The main criteria that solicitors will check for motorcycle accident claims include whether:
- The other party (the defendant) owed you a legal duty of care; and
- You were involved in a motorcycle accident because the defendant was negligent (breach of duty); and
- You suffered injuries during the accident.
You can help the claims process by providing any proof relating to the cause of the accident and the injuries you suffered (we’ll explain more about this later on). You won’t need to worry too much about the duty of care criteria. That’s something your solicitor will assess for you. In a road traffic accident claim, this is usually quite straightforward as all road users have a duty of care towards each other’s safety as set out by the Road Traffic Act 1988. This means they should drive as safely as possible and in line with the rules of the Highway Code.
If you believe you’re entitled to be compensated for injuries sustained during a motorcycle accident, please call today.
Common Examples of Motorcycle Accident Claims
Motorcycle accidents can result from a variety of situations, often leading to serious injuries. Here are some common types of accidents and why they might entitle you to compensation:
- Failure to spot motorcyclists: A significant number of motorcycle accidents occur because drivers fail to notice motorcyclists.
- Dooring accidents: Motorcyclists can sustain injuries if a driver or passenger opens a car door into their path without checking for approaching vehicles.
- Overtaking accidents: Collisions often happen when vehicles misjudge the distance or speed of an overtaking motorcyclist or fail to see them entirely.
- Poor visibility and weather conditions: Rain, fog, or poor lighting can make motorcyclists less visible to other road users. While not always a direct cause of motorcycle accidents, negligent driving under these conditions can lead to severe crashes.
- Unsafe road conditions: Oil spills, pothole accidents, raised or missing manhole covers, or debris on the road are particularly dangerous for motorcyclists, who are more likely to lose control compared to drivers in larger vehicles.
- Tailgating by other vehicles: If a car or lorry follows too closely behind a motorbike, it increases the risk of rear-end collisions, especially in traffic, at a roundabout, or sudden stops.
As you can see, there are many reasons why motorcycle accidents happen. Whether you can claim compensation for them will depend on several factors so please call our team if you’d like some advice.
What Types of Motorcycle Accident Injuries Can I Claim For?
There is no definitive list of what type of injuries can result in motorcycle accident compensation claims. Each claim is unique and all riders will be affected differently. Essentially, as explained above, any injury that was caused by another road user’s negligence could entitle you to compensation. Some of the more common motorbike accident injuries include:
- Cuts and lacerations.
- Bruises and internal bleeding.
- Bone fractures.
- Back and neck injuries (including whiplash).
- Head injuries and brain damage.
- Ligament and tendon damage.
- Limb amputations.
- Penetrating wounds.
- Fatal injuries.
- Psychological injuries.
Our personal injury solicitors specialise in any type of road traffic accident claims involving motorbikes. To find out if we could appoint one to represent you on a No Win, No Fee basis, please get in touch today.
What Evidence Do I Need for a Motorcycle Accident Compensation Claim?
As mentioned earlier, you’ll need proof to show how your motorcycle crash happened and what injuries you sustained if you’re to make a successful motorbike accident claim. The forms of evidence you could use include:
- Photographic proof: Where it is safe to do so, it’s always a good idea to try and capture the aftermath of the accident. Ideally, it’s best to get pictures from various angles before your motorbike and any other vehicles involved have been moved.
- Witness information: You should ask anyone who saw your accident take place to provide their contact details. If liability for your accident is denied, your solicitor could ask the witnesses for a statement of what they saw.
- Camera recordings: If your accident was caught on a helmet camera, dashcam or CCTV, you should take steps to secure the footage as soon as possible.
- Emergency services reports: In some cases, the police may attend the accident scene to investigate what happened. Once their report is published, it could be used to support your motorbike accident claim.
- Other driver’s details: You should always obtain details from anyone else who was involved in your accident. This should include their name, contact details, vehicle registration number and insurance policy details.
- Medical records: We would always suggest that you attend A&E or a minor injuries unit following a motorcycle accident. After your injuries have been properly assessed and treated, you could ask for your medical records to help prove the extent of your suffering.
Please let us know if you’d like us to review any evidence you’ve managed to secure so far.
Will I Need a Medical Assessment for My Motorcycle Accident Claim?
As part of the motorcycle accident claims process, you may need to attend a medical assessment. While this might sound daunting, it’s a straightforward step that helps support your case.
Your solicitor will arrange an appointment with an independent medical expert, usually close to your home. During the assessment, the expert will examine your injuries, ask about how the accident has affected your daily life, and review your medical history where relevant.
Once the assessment is complete, the expert will prepare a detailed report. This document will outline the severity of your injuries, explain their likely long-term impact, and provide a prognosis. The report will then be shared with all parties involved in your claim to help determine fair compensation.
A medical assessment ensures that the full extent of your suffering is accounted for, helping to strengthen your motorcycle accident claim.
What Is the Time Limit to Make a Motorcycle Accident Claim?
The Limitation Act 1980 sets out that motorcycle accident compensation claims for personal injuries have a 3-year time limit in the UK. Usually, this will begin from the date of your accident. If the claimant has lost the mental capacity to claim for themselves, the time limit won’t apply if someone else wants to claim (as a litigation friend) on their behalf.
We always advise that it is best to take action as soon as possible. Firstly, you’ll allow your solicitor plenty of time to carry out tasks such as evidence gathering or arranging for medical reports. Secondly, if necessary, your solicitor could request an interim payment from the defendant to cover the cost of private medical care to help reduce your recovery time.
How Much Compensation for a Motorcycle Accident Can I Claim?
While you might not ever fully recover from some motorbike injuries, the idea of compensation is to get you as close as possible to the position you were in before the accident. You could be entitled to claim general damages (for your suffering) and special damages (for any costs associated with your injuries). A motorcycle accident claim could therefore cover:
- Any pain and suffering your accident and subsequent treatment caused.
- The impact your injuries have (loss of amenity) on your social, domestic or work life.
- Loss of income including any earnings you’ll lose in the future.
- The cost of a carer (including the time a loved one spent supporting you).
- Travel expenses.
- Medical and rehabilitation costs.
- The cost of making modifications to your house if they will make dealing with any disability easier.
As you can see, there’s a lot to consider before filing a motorcycle accident compensation claim. You should take your time at this point because you can’t request further compensation later on. If you work with one of our specialist solicitors, they’ll review your claim in fine detail in an attempt to make sure all aspects of your suffering are compensated for.
Can I Claim Compensation for Psychological Distress After a Motorbike Accident?
Being knocked off of your motorbike can be very traumatic and lead to psychological suffering such as sleep disorders, Post-Traumatic Stress Disorder (PTSD) and flashbacks. You might also be very anxious about getting back on your motorcycle and riding it again.
As such, if you’ve suffered any form of psychological damage because of a motorbike accident, you could receive compensation if the accident was caused by another road user’s negligence.
Will I Need a Solicitor to Claim Motorcycle Accident Compensation?
Legally, no you don’t have to use a solicitor when making a motorcycle accident claim. However, the complexity of the claims process may mean it’s beneficial to have one on your side. As such, taking on legal representation can be helpful in any type of personal injury claim. However, the associated costs can be off-putting. That’s why you might want to use a No Win, No Fee solicitor from our panel.
If they agree to help, they’ll start working on your case without upfront payment if you sign a Conditional Fee Agreement (CFA).
The CFA means you’ll agree to give the solicitor up to 25 per cent of any compensation you receive to cover their time and expenses. However, if the claim doesn’t work out in your favour, you won’t have to pay any legal fees whatsoever.
Motorcycle Accident Claims Frequently Asked Questions
Can I Claim for a Fatal Motorcycle Accident?
If you’ve lost a loved one in a fatal motorbike accident, we could help you to make a claim. While we know that money will not make things better, compensation could help you to cope with any financial impact.
You could claim a bereavement payment as well as seek compensation for any financial costs (such as funeral expenses) caused by the accident. Furthermore, you could claim if you were financially dependent on the deceased’s income or benefits.
Please get in touch if you’d like us to explain your options in more detail.
Can I Claim Against a Local Authority?
National Highways (formerly Highways England) and local authorities have a legal duty of care to inspect and maintain roads. That means they need to assess any defects regularly and make repairs where necessary.
If you are injured after a motorbike accident that was caused by an unsafe road surface, you may have grounds to claim against the agency responsible for that stretch of road. However, this isn’t always easy. That’s because, if the council can show that they had inspected the road recently, they may have a valid defence against your claim.
The easiest way to find out if you have the grounds to make a claim is to speak with our team. They’ll review your chances of being compensated and let you know your options for free.
What If I Was Injured by an Uninsured Driver?
If you’re injured in a motorbike accident where the other driver was not insured, don’t despair. You could still claim but the process will be slightly different. If you decide to work with us, one of our solicitors could help you to claim through the Motor Insurers Bureau (MIB).
The MIB scheme also allows claims for hit-and-run incidents where the other party cannot be identified. It is funded by a levy on insurance policies that legitimate road users purchase.
For more advice on how we can help, please call today.
How Long Does a Motorcycle Accident Claim Typically Take?
All motorcycle accident claims are unique so it’s not possible to say exactly how long the process will take. However, compensation for injuries sustained in a motorbike accident could be awarded within 4 or 5 months if the case is fairly straightforward. On the flip side, some motorcycle accident claims can take more than a year. This might be the case if the impact of any injuries is still to be determined or if extra time is required to prove liability for the accident.
In longer-term cases where liability has been agreed, you could be paid interim compensation to help you while the claim is still progressing.
Start a Motorcycle Accident Compensation Claim Today
If you’re ready to claim compensation following a motorcycle accident, please get in touch on 0800 652 1345 today. We’ll review your claim with you and explain your options during your call.
If your claim is accepted, one of our solicitors will represent you on a No Win, No Fee basis. That means you’ll only have to pay for their work if your case is won and compensation is awarded.
Thanks for reading our claims article on motorcycle accident claims and if you need any additional information, please connect with us via live chat.
