How To Claim For A Motorcycle Accident With No Insurance? – Can I Claim? – Am I Eligible? Uninsured Motorcycle Claims

Motorcycle accident with no insurance

Motorcycle accident with no insurance

Is it possible to make a compensation claim for a motorcycle accident with no insurance? This online guide will answer this question and others from both sides of the coin. Namely, claiming as a motorcycle rider injured in an accident with a road user that wasn’t insured, and also claiming as a road user injured in an accident caused by a biker with no insurance. All road users must have valid insurance, and when one party does not, the claims process is made more complex.

We aim to show why you may, in certain circumstances, be in a position to use the services of a personal injury lawyer to help you make a personal injury claim. Each claim tends to have its own unique aspects. This makes answering every potential question in a single guide quite tricky. If you do have questions that are unanswered once you have read this guide, we can still assist you.

Reach out to our claims team on 0800 073 8801 to get all of the answers you need today.

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A Guide On Claims For Motorcycle Accidents With No Insurance

If you have suffered a motorcycle injury in an accident with an uninsured driver, or have been involved in a motorcycle accident with an uninsured rider, this guide is for you. We begin with a general overview of what an uninsured claim is, looking at both sides. We follow this up with some general background information on the insurance requirements when riding a motorcycle, and the penalties that uninsured riders face. We also show how in some cases, it could be possible for a person injured by an uninsured rider to make a claim.

The last part of this guide relates to the claims process itself, and the legal and financial considerations of making a claim. We have provided some advice on how to begin your claim, including the role of the Motor Insurers Bureau (MIB). We have provided an example table that demonstrates possible ranges of compensation a number of different kinds of injuries might attract. We support this table with a list of the more frequently won types of damages as well.

We close this guide with an explanation of how a No Win No Fee agreement works when making a motorcycle accident insurance claim. We cover what you need to pay and when, and how such a service can, for some people, be the best way to proceed with a claim. If you have any questions about this guide or the process of making a claim, please call our claims team on the number down at the bottom of the page.

What Are Motorcycle Accidents Without Insurance?

In order to make a compensation claim against a motorcycle accident insurance company, you need to be able to prove that your claim is valid. This guide will attempt to show how, in two distinctly different sets of circumstances, which are:

  1. A road user becoming the victim of an accident that was caused by an uninsured motorcycle rider.
  2. A motorcycle rider becoming the victim of an accident that was caused by another road user that was uninsured.

These circumstances are subtly different. Throughout this guide, where differences exist, they will be pointed out. However, to simplify things, eligibility to claim will be based on factors such as:

  1. Who was at fault for causing the accident?
  2. Whether liability is shared.
  3. Whether it can be proven that the accident was caused by a specific party.
  4. Whether the claimant can prove the injuries and losses they suffered were due to the accident.
  5. Whether the losses or injuries would have occurred without the accident taking place.

We will explain many of these issues in this guide. But if you have questions you need to have answered, or simply want to get some free legal advice prior to deciding to make a claim, our advisors will be happy to help if you give us a call.

Legal Requirements For Motor Insurance?

Every road user in the UK that is in charge of a motor vehicle, including motorcycles, is required to have a bare minimum of third-party insurance. This is so that other road users are protected financially should the policyholder cause an accident. If you are involved in a motorcycle accident in the UK without insurance for your bike, you could be prosecuted (more on this below).

Road users who are injured by a motorcycle rider with third-party insurance can claim against the insurer. This is why having such insurance is mandatory and a criminal offence to overlook. For more information about the insurance requirements for riders, call our team for free help and support.

Penalties Faced By Uninsured Motorcycle Riders

If you are caught riding without motorcycle accident insurance, then you are liable to face criminal prosecution. The UK Government has published clear guidelines on the level of punitive action that a motorcyclist might face if caught riding whilst uninsured, which includes:

  • You may be given a fixed penalty fine of £300.
  • You would likely receive 6 penalty points on your driving licence.

However, if the case is taken to court, you might face much harsher punishment, with fines being unlimited, and potentially the loss of your driving licence.

If you need some help and advice relating to a prosecution for driving/riding without insurance, please call our team and speak to an advisor.

Could Victims Of Motorcycle Accidents With No Insurance Claim Compensation?

If you wish to make personal injury claims for a motorcycle accident when riding a bike that you were not insured to ride, then there are only two possible scenarios where this may be possible:

  1. If the road user that caused the accident comes forward and admits their liability unconditionally.
  2. If it can be proven without a doubt that the road user that caused the accident was liable.

Only in such extremely positive situations would an uninsured rider have a chance of winning compensation. For example, if the claim went to court to prove and apportion liability, the uninsured rider would have very little leverage, since they were riding illegally at the time the accident took place. If you have been harmed whilst riding uninsured, call our team to find out if it could be possible to make a claim.

Could I Claim If I Was Not At Fault?

In this previous section, we looked at the two scenarios whereby an uninsured motorcyclist could be able to claim for injuries sustained in a Road Traffic Accident (RTA). Both of these scenarios depend on another party being fully liable, and therefore a claim could be possible.

In the case of road users injured in an accident with an uninsured rider, if the rider was liable for the accident, the claimant could use a personal injury solicitor to claim against the MIB.

Any time a road user is injured in an accident that wasn’t their fault, then it could be possible for them to make a claim, as long as it can be demonstrated that a third-party was the cause. For advice on how to do this, call our team today.

The Other Party Was Uninsured But I Have Insurance, Could I Claim?

In the case of a motorcycle accident caused by an uninsured driver, there are two possible ways that a claim could proceed, and these are:

  1. The claimant will claim against their own insurance policy, but only if they have fully comprehensive insurance. Additionally, the claim will have a negative effect on their no claims bonus.
  2. A claim can be made against the MIB, an organisation that has been put in place to compensate road users when no other path to compensation is open.

In the case of minor claims, it can be more cost-effective to swallow any financial loss and not make a claim against a fully comprehensive insurance policy so as to preserve your no claims bonus. If you want some free advice about such a decision, please give our team a call.

Claiming If The Motorcycle Rider Was Uninsured But The Bike Was Insured?

The situation related to claims against an uninsured rider in control of a bike that is insured by a third party (such as the owner of the bike) is not as straightforward as it seems. Most people would think that as they were not involved in the accident at all, then they would not be liable in any way.

This simply isn’t true. If, for example, you were to lend your motorcycle that you have insured to a friend who is not insured, if they cause an accident, any injured party can claim against your insurance. Even if you were not there at the time.

So, if you are injured in an accident with an uninsured rider, you will not need to claim against the MIB if the bike itself is covered by any insurance policy that protects a third-party. For more advice about this, speak to one of our advisors.

Submitting Claims For Motorcycle Accidents With No Insurance

If you need to make a claim for an accident caused by a motorcyclist with no insurance, or as a motorcyclist injured by another road user with no insurance, the way to proceed differs. 

To claim when the liable party was not insured, you would need to approach the MIB to make a claim. You can do this directly, or you can use a solicitor to process the claim for you.

To claim when you are not insured, but a liable third party has admitted fault, you could use a solicitor to move your claim forward for you.

In both cases, we are in a position to help you. As long as you are within the personal injury claims time limit, which is 3 years from the date of the accident, then our claims team can advise you on how best to proceed. Speak to one of our advisors today to learn more.

Calculating Compensation For Motorcycle Accidents With No Insurance

It might be possible to find some kind of online personal injury claims calculator that will enable you to get a rough estimate of the amount of compensation your claim could attract. Alternatively, the table below gives examples of different injuries and the range of compensation that a claimant suffering from them might receive. The table has been based on data taken from the Judicial College Guidelines that are published in England and Wales and used by courts to value claims.

InjurySeverityNotesCompensation
Injured handModerateThis bracket would cover injuries similar to crush damage, penetrating wounds of varying depths, lacerations, cuts and other kinds of tissue damage. Minor fractures and less serious soft tissue injuries as well. Also, injuries that were worse, but have been partially treated using surgery.£5,260 to £12,460
Injured elbowModerateThis bracket would cover injuries similar to a medical condition like tennis elbow. Additionally, some fractures and soft tissue damage that will heal completely, with no ongoing symptoms and no impairment of the function of the arm.Up to £11,820
Injured backModerateThis bracket would cover injuries similar to crush damage to a vertebra, such as a fracture or damage to the spinal nerves. Surgery may be required and/or invasive treatments such as lumbar fusion. There would be a risk of ongoing symptoms such as chronic pain and stiffness of the back.£26,050 to £36,390
Injured neckModerateThis bracket would cover injuries similar to crush damage to a vertebra, such as a fracture or damage to the spinal nerves. Surgery may be required and/or invasive treatments such as lumbar fusion. There would be a risk of ongoing symptoms such as chronic pain and stiffness of the back.£23,460 to £36,120
Injured footModerateThis bracket would cover injuries similar to a metatarsal fracture, that does not heal properly leaving the victims foot out of shape. This would have a permanent effect on their life.£12,900 to £23,460
Injured legModerateThis bracket would cover injuries similar crush injuries and deep wounds to a single leg, not both. Also, lacerations and other flesh damage. There may be some slight permanent impairment due to the injury not healing fully.£26,050 to £36,790

You may wish to get an accurate idea of the level of compensation that you could be able to claim based on your own unique circumstances. If this is the case, please call our claims team today. An advisor will be able to arrange for a solicitor to value your claim for you.

Additional Damages Motorcycle Accident Victims Could Claim

If you make a personal injury claim and win it, then you will either be offered an out of court settlement or awarded compensation in court. The settlement you receive may consist of two different types of damages. The first is general damages, which are intended to compensate you for physical and psychological harm. The level of damages and the kinds of damages you receive will be driven by how much pain and suffering you have been through. For example:

  • A long-term or permanent loss of life quality.
  • Psychological harm such as anxiety, depression or post-traumatic stress disorder.
  • Physical impairment or disability in the long-term or permanently.
  • Being subjected to traumatic or intrusive treatment.
  • General pain and suffering at the time of the accident.
  • General stress and trauma at the time of the accident.

The second type of damages is special damages. These are awarded to compensate for monetary losses and expenses incurred directly because of the injury. If you do intend to claim back costs you have already incurred, you will need to provide bills, receipts, invoices, etc. to prove that you have had to pay out that money. Damages might be paid for:

  • Reduced earning potential in the future due to lowered working ability.
  • Missing work and losing out on your salary/wages either partially or in total.
  • The cost of any private healthcare or treatment you needed that the National Health Service (NHS) could not provide.
  • Out of pocket expenses, such as travel tickets, that you had to spend either dealing with the claim itself, or to get treatment for your injuries.
  • The cost of hiring a nurse to take care of you at home, or some other kind of home help.

These are some of the most commonly awarded types of damages, but there are more that could apply based on the circumstances of your claim. For a more personalised idea of the kinds of damages your settlement might comprise of, please speak to one of our expert advisors.

How Specialist Solicitors From Accident Claims UK Could Help

We can help you by providing you with a personal injury lawyer to process your personal injury claim for you. We have developed a very simple and straightforward claims process. All you have to do to get started is to follow these three steps:

  1. Call our claims team and explain your situation to them. They will answer any questions you might have at this time.
  2. One of our expert advisors will evaluate your claim for you and let you know if it could be viable or not.
  3. If your claim is viable, a solicitor will move on to process it for you, working under a No Win No Fee agreement.

This is all you need to do to get the legal help you need today. Our team is available and waiting for your call 24/7.

No Win No Fee Claims For Motorcycle Accidents Without Insurance

A No Win No Fee agreement, which is also known as a Conditional Fee Agreement (CFA), is a good service to use to get the legal help you need at a minimised financial risk. As you don’t pay your solicitor’s fees until the claim has been won.

You will not be expected to hand over a fee to start the claim, and you also won’t pay ongoing fees no matter how long the claim takes. If the claim fails, the solicitor won’t expect to be paid any fee.

If the claim is a success, the solicitor will likely ask you to pay a small, legally capped success fee, which can be taken from the compensation payment that they have received for you.

Begin A Claim For A Motorcycle Accident Without Insurance

If you believe that you have the basis of a valid personal injury claim and you want some help and advice on how to claim for an accident involving an uninsured rider, then please contact our claims team on 0800 073 8801.

Official Resources And Claims Guides

These external links all lead to sites that could have some useful information for you:

The MIB Website

UK Government Information On Vehicle Insurance

UK Road Traffic Accident Data

You can also check over these other guides we have written:

Motorcycle Accident Claims

Claiming Against Direct Line Insurance

How To Claim If You Are Injured By A Drunk Driver

 

Guide by MW

Edited by REB