Motorcycle Accident Claims: No Win No Fee

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 motorbike accident due to no fault of your own, you may be entitled to begin a motorcycle claim to compensate for any injuries sustained and financial loss (such as loss of earnings) suffered as a consequence of the accident.

If you would like to enquire about making a motorcycle claim for compensation, contact us today on 0330 1332 857 and one of our motorcycle accident solicitors will be able to provide you with expert legal advice on proceeding with your claim on a no win no fee basis.

I have been injured in a motorcycle accident, what should I do now?

Following all motorbike accidents, we advise that you begin by reporting the incident to the police as well as your insurance company. If you have been injured as a result of the accident, you should also seek medical attention as soon as possible after the road traffic accident. Not only will this provide you with vital medical support, but undergoing a medical assessment that will produce an official medical report detailing your injuries will significantly strengthen your compensation claim.

After all motorbike accidents, it is also important to exchange insurance details with anyone else that was involved. You must also exchange your name, address, phone number, contact details, and registration number with anyone else involved in the accident. 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, you should contact the police.

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.

Although it is very easy to 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.

Identifying who is Responsible for your Injuries

For successful motorcycle accident claims it is vital to correctly identify who was responsible for the motorbike accident, and therefore who is responsible for your injuries. We understand that it can be difficult to immediately identify who was at fault in motorbike accident claims. Therefore, our experienced personal injury lawyers will be able to assist you in identifying the defendant.

What if I was at fault in the motorbike accident?

In some motorbike accident claims, both parties may be partially responsible for the accident and subsequent injuries. This does not prevent you from claiming compensation, however the amount you will be awarded may be reduced to reflect your personal contribution to your injuries.

If you were at fault in the accident, your insurance company may cover the cost of the vehicle repairs for any other road users that were involved in the accident. If the other drivers or passengers suffered personal injury, your insurance company may also  pay the general damages of their personal injury compensation claim if they are successful. As a result of being at fault, you could lose your no claims discount, and may have to pay the excess on your policy. This will depend on your insurance policy.

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 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. 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.

The Motorbike Accident Claims Process

All motorcycle accident claims begin with an initial consultation with one of our specialist motorcycle accident solicitors. At this stage of the claims process you will be asked to provide details of your motorcycle accident, including the time, date, and circumstances of the accident, a description of the injuries suffered, and details of any other road users who may have witnessed the road traffic accident.

If we think that your motorcycle accident claim would be likely to succeed, we will offer to proceed with your claim on a no win no fee basis; if your claim is unsuccessful you will not be required to pay any legal fees.

Provided you are happy to proceed with your motorcycle claim for compensation, our motorcycle accident solicitors 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 motorbike accident claims we communicate directly with the defendant’s insurance company, as they are the party who provide the compensation.

If the defendant accepts liability, negotiations for an appropriate settlement fee can commence. If the defendant denies liability, the process is not over; court proceedings will be pursued.

Once you start your claim with our law firm, we aim to reach a settlement within 6-9 months. This may take longer, however, defending on the response from the defendant and their insurers.

What are the time limits for motorbike accident claims?

Before beginning the claim 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. Rather than being limited to making a claim within 3 years from the date of the road traffic accident, the claimant is entitled to begin their compensation claim at any moment in time once they regain their mental ability to do so.

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 motorbike 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 all personal injury claims 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, and loss of amenity 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, loss of future earnings if they were left unable to work as a result of their injuries, and the cost of ongoing medical treatment if this is required.

We advise that you keep evidence of financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any lost earnings.

Due to the complex nature of personal injuries it may be difficult for our motorcycle accident solicitors to provide you with the exact amount of compensation you may receive. A medical assessment of your injuries can be arranged, however, which will provide a more accurate figure.

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 use a Condition Fee Agreement – a type of ‘no win no fee’ agreement.

By making a claim on a no win no fee basis, you will not be expected to pay any legal fees if your claim for compensation is unsuccessful.

If your motorcycle 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. For example, you may be required to pay for legal expenses insurance if your case is successful.

Provided that your claim is successful, we will deduct the success fee and any outstanding legal costs from the sum of compensation that has been awarded. The amount that a solicitor can take as a success fee from the value of compensation awarded has been capped at 25%.

How Beacon Law can assist you

At Beacon Law, we have a team of specialist motorcycle accident solicitors who have years of experience dealing with road traffic accident claims, particularly motorbike accidents. Whilst pursuing a motorcycle claim, Beacon Law can be your source of support and will endeavour to recover the amount of compensation that you are both entitled to and deserve.

Beacon Law is authorised and regulated by the Solicitors Regulation Authority. Our motorcycle accident solicitors will provide you with expert legal advice. Our law firm values each client that we work with; we listen carefully to our client’s wishes and will work to support you through this difficult time.