Motorbike Personal Injury Claim for Compensation
Find out how much your personal injury claim may be worth
Due to the frequent occurrence of motorbike accidents, motorcycle accident claims are one of the most common types of road traffic accident personal injury claims. If you have been involved in a road traffic accident as a result of the negligent driving of other road users, you may be entitled to make a motorbike accident claim to compensate for any injuries sustained and the financial loss suffered as a consequence of the accident.
If you would like to enquire about making a motorbike personal injury claim, contact us today, and one of our specialist road traffic accident solicitors will be able to provide you with expert legal advice about proceeding with your claim. We offer a no win no fee basis for all of our personal injury claims.
What are the common causes of motorbike accidents?
There are many different ways that a motorbike accident can be caused. Some of the most common causes of motorbike accidents include:
- Another vehicle pulling out in front of a motorbike rider when pulling out of a junction
- A passenger in a car opening their door, knocking a motorbike rider off their bike
- A poorly maintained road surface causing a motorcyclist to fall off their bike. Examples of this could include potholes, sinkholes, or uneven surfaces that cause the bike to lose balance
- A motorcyclist being hit by another road user who is under the influence of alcohol or drugs
- A motorcyclist being knocked off their bike during an argument, or road rage, with another road user
- Another vehicle swerving into a motorcyclist who was in the other road user’s blind spot.
What to do immediately after a motorbike accident
Following all motorbike accidents, we advise that you begin by reporting the incident to the police and your insurance company. If you were injured in a road traffic accident, you should also seek medical attention as soon as possible. Not only will this provide you with vital medical support but undergoing a medical assessment will produce a record of your accident detailing your injuries that will significantly strengthen your compensation claim.
After all motorbike accidents, it is also important to exchange insurance details with any other road users that were involved in the accident. You must also exchange your name, address, phone number, contact details, and registration number. If you are having difficulty getting someone to give you these details, or if the other person involved has left the scene of the accident without providing their details, call the police, and they will be able to assist you.
If possible, it is important to gather evidence of the motorbike accident, as well as any injuries sustained during the accident. This could include photographs of where the accident took place, and any injuries suffered as a result, as well as statements from any other road users who may have witnessed the accident. Any dashcam or CCTV footage that recorded the road traffic accident is also valuable evidence to collect when it is possible to do so.
Although it is very easy to apologise or admit fault in the emotional moment immediately after a crash, it is important to remember not to do so; it is the role of the insurance company to determine who is at fault.
The Motorbike Personal Injury Claims Process
All motorcycle accident compensation claims will begin with an initial consultation with your specialist solicitor. You will be asked to provide details of the road traffic accident that you were involved in. Relevant details that you may be asked to provide could include the time, date, and circumstances of the accident, a description of the injuries suffered, and contact details of any witnesses.
If we think that your motorbike accident claim is likely to succeed, we will offer to start your claim on a no win no fee basis. This means that if your claim is unsuccessful, you won’t have to pay any legal fees.
Provided you are happy to proceed with your personal injury claim, we will then send you the relevant paperwork to complete. The defendant will be notified of the claim brought against them, at which point they will need to decide whether to accept or deny liability for your injuries.
In most motorcycle accident claims, we communicate directly with the defendant’s insurance company as they are usually instructed to represent the defendant.
Your personal injury solicitor may also arrange for you to attend a medical examination. The medical report that will be produced will provide vital medical evidence of the nature and extent of your injuries and could significantly strengthen your motorbike personal injury claim. Even if you have received other medical care prior to starting your personal injury claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.
If the defendant accepts liability for your injuries, negotiations for an appropriate settlement fee can commence. If, however, the defendant denies liability, it is likely that we will commence Court proceedings.
Once you start your claim with our law firm, we aim to reach a settlement within 6-9 months. This may take longer, however, if the defendant or their insurance company is difficult to contact.
Identifying who is Responsible for your Injuries
To make a successful motorbike accident claim, it is extremely important that you are able to correctly identify who was at fault in the accident. This will help to determine who is responsible for your injuries and, therefore, who should pay the compensation. We understand that it can be difficult to immediately identify who was at fault in road traffic accident claims. Therefore, our experienced personal injury lawyers will be able to assist you in identifying the defendant.
What if I have been involved in a motorcycle accident with an untraceable or uninsured driver?
If you have been involved in a hit and run or have been involved in a road traffic accident with an uninsured driver, do not worry, you may still be able to start your personal injury claim for compensation. The claim process following an accident like this is different; this type of claim will be processed through the Motor Insurers Bureau, which is part of the Ministry of Justice.
For more information on this type of claim, contact our law firm today, where one of our experienced motorcycle accident solicitors will be able to advise you on how best to proceed with your claim for compensation.
Poorly maintained roads
Motorcyclists are particularly vulnerable to injury as a result of poorly maintained road surfaces. Potholes, cracks, and loose, gravelly surfaces can easily cause a motorcycle accident.
National Highways are responsible for motorways and major A roads, and local councils are responsible for all other public roads, pavements and public spaces. Both of these public bodies have a duty of care to repair and maintain roads and to keep all road users safe. If your motorcycle accident was caused by a poorly maintained road surface, then the public body responsible will be required to pay you a compensation figure, provided that your personal injury claim is successful.
What are the time limits for motorbike accident claims?
Before beginning the claims process, it is important to note that there are strict time limits on personal injury claims. After a road traffic accident, the innocent party will have 3 years in which to commence proceedings for claiming compensation.
There is an exception to this rule. For example, if the claimant was under the age of 18 at the time of their motorcycle accident, they have until their 21st birthday to begin their motorcycle claim for compensation. If the claimant is under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.
Another exception to the 3 year time limit occurs when the claimant is not mentally capable of proceeding with their motorcycle accident claim.
In the case of fatal motorbike accidents, a close family member of the victim may claim compensation for the grief, pain, and suffering caused by their loss. The family member will have three years from the date that the victim died to proceed with their compensation claim.
Due to such strict time limits, we recommend that you collect the relevant evidence and begin the motorcycle accident claims process as soon after the road traffic accident as possible to avoid your claim becoming time barred.
What amount of compensation could I receive?
The amount of compensation awarded in a personal injury claim aims to put the claimant in the position they were in before the accident took place. Any general damages awarded will therefore be calculated based on the type of injury suffered, the severity of this injury, whether the injury has a long term or short term effect, and whether any loss of amenity was caused.
The claimant may also be entitled to claim special damages. The amount of special damages awarded will aim to compensate the claimant for any further financial losses that they have suffered as a result of the road traffic accident that they were involved in.
This could include lost earnings due to time spent off work following the motorcycle accident, the loss of earnings in the future if they were left unable to work as a result of the long term effects of their injuries, and the cost of ongoing medical treatment if this is required.
An online compensation calculator may be used to provide an estimate for the amount of compensation that may be awarded. It must be noted, however, that using a compensation calculator is not entirely accurate; each claim is unique and as a result the amount of compensation awarded will vary on a case by case basis.
As aforementioned, the amount of compensation awarded will depend on the type and severity of injuries that were caused by the motorcycle accident, which a compensation calculator would not be able to accurately assess and take into consideration.
How much do motorcycle accident claims cost to make?
At Beacon Law, we offer a no win no fee basis for our personal injury claims. If your claim is unsuccessful, there is nothing lost. On a no win no fee basis claim, you won’t have to pay any legal fees if your claim for compensation is unsuccessful.
If your motorbike accident claim for compensation is successful, you will be charged a success fee. There may be other legal costs that you will be required to cover if your claim is successful too, such as payment for an after the event insurance policy.
Provided that your claim is successful, we will deduct the success fee and outstanding legal costs from the sum of compensation that has been awarded on conclusion of your case. The amount that a solicitor can deduct for their success fee from the value of compensation awarded has been capped at 25%.
How Beacon Law can assist you with your motorbike personal injury claim
At Beacon Law, we have a team of personal injury claims solicitors who have years of experience dealing with road traffic accident claims, including motorbike accidents. Whilst pursuing a motorbike accident claim, Beacon Law can be your source of support and will endeavour to recover the amount of compensation that you deserve.
After being unfortunate enough to have suffered an injury, we believe that you should have access to the best care, support and justice.
Beacon Law is authorised and regulated by the Solicitors Regulation Authority. Our motorbike accident solicitors will provide you with expert legal advice. We value each client that we work with, we listen carefully to our clients’ wishes, and we will work to support you through this difficult time.
If you have suffered an injury as a result of a motorcycle accident due to the negligence of another driver, then please call us today on 0330 1332 857 to start your claim or complete our contact form to start your claim online, and a member of our personal injury team will give you a call back.