By Jo Anderson. Last Updated 4th December 2023. Welcome to this guide, which explains how to make an injury compensation claim for an accident on a moped. In this guide, we look at how to claim if you’re injured in a moped accident that wasn’t your fault and what is involved when you claim compensation for personal injury.
Mopeds and scooters are a convenient way to travel. This is because mopeds can weave in and out of congested traffic. However, riding a moped or scooter is not without its risks. They’re amongst the vulnerable road users. This is, in part, because they do not have an outer shell to protect the rider or other safety features such as seatbelts.
Have you been injured in an accident that was not your fault? Then you may be eligible to make a scooter and moped injury claim for compensation. In this guide, we will explain how moped, scooter and motorbike accidents can happen. In addition, we explain how to claim compensation if you are injured in a scooter accident.
Accident Claims UK can help you if you wish to make a moped accident claim for compensation. We could connect you with our personal injury lawyers who could handle your claim. To find out if you can claim for scooter and moped injury compensation, contact us using the details below. Alternatively, read the rest of this guide to learn more.
Select A Section
- Can I Claim Moped Accident Compensation?
- What Injuries Could You Suffer In A Moped Accident?
- Common Moped Accidents
- Compensation Payouts In Moped Accident Claims
- What Special Damages Can You Claim For A Moped Accident?
- No Win No Fee Claims If Injured In A Moped Accident
- Essential Moped Accident Compensation Claim References
If you were injured when you were knocked off your moped, you would need to prove that your injuries were caused by another road user breaching their duty of care to be able to make a personal injury claim.
All road users have an established duty of care towards other road users. They must use the roads in a manner that does not cause harm to other road users and themselves. They must adhere to the Road Traffic Act 1988, and refer to the rules and guidance in the Highway Code.
If a road user were to breach this duty of care, by speeding, running a red light, or driving carelessly or dangerously, for example, this could lead to an accident. If such a breach leads to you being injured while on your moped, you could be eligible to claim moped accident compensation.
To check your eligibility to make a personal injury claim, please contact an advisor.
How Long Do I Have To Claim For Moped Accident Injuries
If you would like to claim for injuries suffered in a moped crash, you must start legal proceedings within the personal injury claims time limit. Under the Limitation Act 1980, you will generally have three years following the date of the accident on a moped to start your claim.
However, in certain circumstances, there are exceptions to this three-year limitation period. For example, the time limit is suspended indefinitely for those who lack the mental capacity to pursue their own legal proceedings. However, a court-appointed litigation friend can act on their behalf at any time during this suspension. If the person were to regain this capacity and a claim had not been brought forward for them, they will have three years from the date they recovered their capacity to start one.
Contact our advisors to discuss limitations for road traffic accident claims and the other exceptions that apply.
Unfortunately, people who are injured in moped accidents are often seriously hurt. Now we will look at some examples of common scooter-related injuries.
- Road rash. A road rash injury is a type of skin abrasion wound. It can happen if a rider comes off their bike and the road scrapes their skin.
- Head injuries. Head injuries can happen if the rider collides with the road or another vehicle. Wearing a helmet can protect against head injuries.
- Traumatic brain injuries. A severe traumatic brain injury can result in the rider suffering permanent brain damage, slipping into a coma or it can be fatal.
- Broken bones. Fractured bones can be incredibly painful. A broken bone injury can also take a long time to recover from, so it can be debilitating, depending on the location.
- Spinal injuries. A spinal injury can include damage to the spinal cord. Spinal cord damage can result in permanent paralysis.
Can you claim scooter and moped injury compensation? You could if you have been injured in a moped accident that was not your fault.
There are many mishaps that can cause moped accidents. Both moped riders and drivers alike have a responsibility to drive safely to avoid causing accidents. Let’s look at some potential causes of moped accidents below.
- A rider or car driver was under the influence of illegal drugs or alcohol whilst riding.
- The moped rider or car driver was speeding.
- The moped rider collided with debris in the road.
- Moped accidents can happen if a car driver or rider is using their phone while riding, meaning they’re distracted.
- An animal can stray onto the road and a moped rider can swerve to avoid it. This can cause a collision or the rider to come off the road.
What should you do if you are involved in a moped accident that wasn’t your fault?
Firstly please prioritise your safety and go to the hospital if you are seriously injured. Everything else can wait. However, after receiving treatment you can also collect evidence to support you, should you wish to make a personal injury claim.
For example, you can collect photographs of your injuries or the hazard that caused your injuries. Additionally, you can collect eyewitness contact details and find out if they have dashcam footage of the accident.
Contact Accident Claims UK today if you wish to claim compensation for being knocked off your motorbike and suffered injuries in an accident that wasn’t your fault. We can connect you with our personal injury lawyers to handle your compensation claim. Your lawyer should be able to value your moped accident claim accurately and negotiate for compensation on your behalf.
If you were injured in a moped accident that was not your fault, and your claim is successful, it could result in compensation for the pain and suffering of the personal injury you’ve suffered as well as the financial impact it has had on you. The aim of an injury compensation claim settlement is to put the injured party in as close a position to the position they’d have been in had the accident not occurred.
There are two heads of claim that could make up an injury compensation claim settlement. One is special damages, which we explain in detail in the next section. This compensates for the out-of-pocket expenses a claimant suffers because of their injuries.
General damages compensate for the pain and suffering as well as the loss of amenity caused by the accident and injury. A general damages payout would need to take into account all the specifics of your case, and no two payouts are exactly the same.
Solicitors handling claims in England and Wales could look to the Judicial College Guidelines to obtain guidance on how much an injury could bring in compensation. We have included some figures from the publication below.
You should only use the figures below as a guide. This is because all claims are unique. We should also note that the tope figure has not been taken from the JCG.
|Type And Severity Of Injury
|Comments On The Injury
|Multiple serious injuries settlements including damages for financial losses.
|A combination of injuries causing serious pain and suffering and financial costs and losses, such as medical care, travel expenses and loss of income, for example.
|Up to £1,000,000+
|Very Severe Brain Damage (a)
|Damages awarded will depend on the claimant’s degree of insight, their life expectancy, what degree of physical limitations they have, any sensory impairment, the degree to which they can communicate with others and the extent of any changes to behaviour. The settlement may also account for factors such as epilepsy.
|£282,010 to £403,990
|Moderately Severe Brain Damage (b)
|The damages awarded will take the factors above into account. They can also account for things such as future blindness if sight has been affected. Cases where the person is left in a vegetative state may be included in this or the above category.
|£219,070 to £282,010
|Moderate Brain Damage (c)
|Moderate is distinguished from moderately severe by the claimant having a markedly lower degree of dependence on other(s).
|£150,110 to £219,070
|Less Severe Brain Damage (d)
|Whilst not all prior function may have been restored, cases regarded as less severe are expected (or will have) to make a good recovery. Claimants should be able to continue with their social life and work.
|£15,320 to £43,060
|Severe Injuries to the Pelvis and Hips (i)
|There may be extensive pelvic fractures. These could involve a dislocated lower back joint and/or a rupture of the bladder. It could also include a hip injury which results in spondylolisthesis in the lower back.
|£78,400 to £130,930
|Severe Injuries to the Pelvis and Hips (ii)
|At this level the injuries may be very similar to those in the category above. They would be considered a little lesser than the category above.
|£61,910 to £78,400
|Moderate Injuries to the Pelvis and Hips (i)
|Where there are significant pelvic or hip injuries. The person should not be left with a significant permanent disability as a result of the injury.
|£26,590 to £39,170
|Severe Knee Injuries (i)
|A serious knee injury includes where the joint has been disrupted. There could also be the development of osteoarthritis, damage to the ligaments and conditions which require long treatment processes. The person will experience loss of function in the knee and may experience considerable knee pain.
|£69,730 to £96,210
|Moderate Knee Injuries (i)
|Moderate knee injuries could include tears to cartilage, dislocations or meniscus tears. These could result in there being in minor instability in the knee as well as weakness, wasting and the possibilities of future (mild) disabilities.
|£14,840 to £26,190
|Moderate Knee Injuries (ii)
|Injuries similar to those in the bracket above, but not as serious and for shorter amounts of time.
|Up to £13,740
|Wrist Injuries (a)
|Wrist injuries that result in the person losing all function in their wrist. An arthrodesis will have been performed.
|£47,620 to £59,860
|Wrist Injuries (b)
|A wrist injury which results in the person being left with a permanent significant disability. There will still be some useful movement.
|£24,500 to £39,170
If you would like us to give you more personalised guidance, we could do so over the phone.
As mentioned, personal injury claim payouts can include general damages and special damages.
General damages compensate the claimant for their psychological or physical injuries caused by the incident that wasn’t their fault. The injuries included in the compensation table in the section above are examples of general damages.
Special damages reimburse the claimant for any financial losses their injuries have caused them.
Special damages can include reimbursement for the following expenses caused by injuries:
- Loss of earnings if you took unpaid leave to recover.
- Medical expenses such as prescriptions.
- Home adaptation expenses if you suffered disabilities because of the accident.
- Travel expenses such as the cost of a bus to and from the hospital.
You would, however, need proof of these financial losses. For example, you could provide bank statements, travel tickets or receipts.
Many people who claim compensation feel reluctant to pay an upfront solicitor’s fee. Our solicitors give you the option to fund their services with a No Win No Fee agreement.
Essentially, the personal injury solicitor will start working on the claim without charging you an upfront solicitor’s fee. Instead, the solicitor would charge a success fee if the claim is successful. If the claim isn’t successful, there is no success fee to pay.
Why do some claimants prefer to make a No Win No Fee Claim?
- Firstly, there is a reduced financial risk involving the funding of the services of a solicitor. This is because the success fee is only payable if the solicitor wins the claim.
- Secondly, you may find it the more affordable option, as there is no upfront or ongoing solicitor’s fee to pay. Instead, the success fee will be deducted from the compensation payout.
- The success fee is capped by law and is a small percentage. It’s only taken after the compensation comes through.
Contact Accident Claims UK to see if your claim can be made using a No Win No Fee agreement:
- You can call us on 0800 073 8801
- Or please use our online compensation claims form to contact us
- Alternatively, ask a claims advisor a question using the Live Support widget on your screen
You may find these guides helpful if you were injured in a moped accident or experienced another road traffic accident and wish to claim compensation for yourself or on behalf of someone.
- £4m Compensation For A Spinal Injury In A Road Accident Abroad
- Road Accident Death Compensation Claims
- Motorcycle Accident Claims Guide
An NHS guide to whiplash injuries
UK road safety from the charity Brake
What happens if you’re involved in a road traffic collision?: police guidance
Thank you for reading our guide exploring what you could do if you’re injured in a moped accident that wasn’t your fault.