Aviva Motorcycle Insurance Claims Guide – How To Claim Compensation Against Aviva Insurance

How To Make A Personal Injury Motorcycle Accident Claim

Motorcycle accident claims against Aviva Insurance guide

If you were injured in a motorcycle accident and the other party was insured by Aviva, you could claim compensation for the damage and injuries you suffered. Even if you were partially liable, you could still file a motorcycle accident claim against Aviva Insurance. For a personal injury claim to be valid, there must be sufficient proof and the claim must be filed within the statutory time limit.

Our guide on claiming against Aviva Insurance if injured in a motorcycle accident covers when you could claim, the injuries you could claim for, and how a personal injury solicitor could assist you. We include what the claims process against Aviva Insurance entails, the sort of evidence required to prove a case, and when a solicitor could offer to represent you on a No Win No Fee basis.

If you feel ready to make a claim against Aviva Insurance, please get in touch with one of our advisers on 0800 073 8801.

If, however, you would like a little more information on how to go about claiming compensation for injuries sustained in a motorcycle accident, please continue reading by clicking on the sections below.

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A Guide On Motorcycle Accident Insurance Claims Against Aviva Insurance

Our guide on motorcycle accident claims against Aviva Insurance provides essential information on what a biker should do if injured on the road. We include information on the claims process and the sort of evidence required to prove and strengthen a claim against an insurance provider.

We offer advice on what happens when a claimant could be partially liable for the bike crash and injuries suffered, and how split liability may affect the amount of motorcycle accident compensation awarded.

We go into how a solicitor could offer their services on a No Win No Fee basis once it has been determined that a personal injury claim is valid and has a better than average chance of success. We also cover the benefits of having a No Win No Fee solicitor represent you, and how it could help improve the chances of a higher amount being awarded should the other party be covered by Aviva Insurance.

To find out more on how we could be of assistance, please get in touch today.

What Are Motorbike Accidents?

Statistics show that bikers in the UK are more at risk of being involved in a road traffic accident that results in serious injuries than people in vehicles. The reason being that motorcyclists have far less protection around them, which increases the chance of them suffering catastrophic injuries in a road traffic accident.

The most common reasons why a motorcyclist is injured on the roads in the UK include the following:

  • Lane changing
  • Going too fast – speeding
  • While filtering through stationary or slow-moving traffic
  • Dooring
  • When making a left-hand turn
  • Poor road surfaces
  • Unexpected, sudden stops
  • Defects
  • When going around a left-hand bend
  • Loss of control
  • Inexperience

Studies also show that most motorcycle accidents in which a biker is killed happens on a Sunday. It has also been determined that most RTAs occur when the weather is good.

Because bikers can suffer catastrophic injuries when involved in a motorcycle accident, it is essential they adhere to the Highway Code safety guidelines at all times. However, accidents happen whether through an error of judgement on the part of a biker or because another road user was negligent in some way.

The most commonly reported biker injuries are:

  • Head injuries – whether minor or something more serious which includes brain damage, fractures to the skull and concussion
  • Fractures and broken bones which includes fractures to the face
  • Arm, wrist, and hand injuries
  • Leg, ankle, and foot injuries
  • Road rash which could include abrasions, cuts, and bruises
  • Neck injuries – this includes whiplash

To find out whether you have a valid motorcycle accident claim against another party who was insured with Aviva, please get in touch today. One of our advisers is ready to take your call and advise you on who could be held responsible for the injuries you suffered.

How Motorcycle Insurance Policies Are Underwritten

Aviva Insurance underwrites the policies they offer customers, and as such, should you be involved in a motorcycle accident with another road user who is insured with Aviva, you could make a claim for compensation against the insurance provider.

To find out how we can be of assistance in filing a claim against Aviva Insurance, please speak to a member of our team today.

Is My Accident Eligible For Compensation?

If you suffered injuries in a motorcycle accident and the other party holds an Aviva Insurance policy, you may be able to file a personal injury claim against the insurer. For a claim to be upheld, you would need to show the other party was totally responsible, or partially to blame for the injuries you suffered in the road traffic accident.

Should it be found that you are partially liable, your claim would be handled on a ‘split liability basis. In short, both parties would share the responsibility of having caused the motorcycle crash in which you suffered injuries and damage. This would mean the amount of bike crash compensation you may be awarded would be less than if the other party was solely liable for causing the accident.

To find out how we could be of assistance in establishing liability for injuries and damage you suffered, and whether you could make a claim for compensation against Aviva Insurance, please get in touch today.

What Motorcycle Accidents Could I Claim For?

No matter how careful you are on the road, accidents happen whether through the negligence of another road user or because you make a mistake or an unforced error, whether you were riding a moped, scooter or motorbike.

Causes Of Motorbike Accidents

The causes of motorcycle accidents are numerous, but the most common reasons are:

  • Not checking if it is safe to make a manoeuvre
  • Misjudging the speed of a motorcyclist
  • Not seeing a biker because they are in a driver’s blind spot
  • Colliding with a motorcyclist when they are stationary
  • Being hit by a car door – known as dooring

With this said, a biker may be injured in a road traffic accident due to an error on their part. This could be due to the following reasons:

  • Not predicting what a driver may be about to do
  • Failing to ride according to weather conditions
  • Failing to notice road hazards
  • Failing to take note of poor road surfaces
  • Being overly confident
  • Not being able to negotiate a left-hand bend
  • Inexperience
  • Loss of control

Injuries Caused By Motorbike Accidents

Motorcyclists are more at risk of being seriously injured in a road traffic accident. Injuries may be minor to catastrophic whether you ride a moped, scooter, or motorbike, with the most common being:

  • Head injuries
  • Broken and fractured bones
  • Road rash
  • Injuries to limbs
  • Injuries to the neck
  • Whiplash

If the injuries caused was because another driver made a mistake or because they were negligent, and they are insured by Aviva, you could seek compensation from the insurance provider. The same can be said if you were partially at fault.

To find out whether you have a valid claim for motorcycle accident compensation against Aviva, please get in touch with one of our advisers today on 0800 073 8801.

Evidence To Support Your Motorbike Accident Claim

The more evidence you can provide, the stronger a personal injury claim for a motorcycle accident would be. The more proof you have to show that another party who is insured with Aviva was responsible for your injuries, the more chance there would be that a solicitor would agree to represent you on a No Win No Fee basis.

The sort of evidence you should gather as soon as possible would include the following:

  • Medical notes detailing the extent of the injuries you suffered
  • Photos of damage done to your bike, equipment, and property
  • Documentation detailing the cost of replacing or repairing your motorcycle, property, and equipment
  • Photos of the injuries you sustained
  • CCTV or dashcam footage of the incident if this is available
  • Witness contact details and witness statements
  • The details of everyone involved in the motorcycle accident which must include insurance details, car registration, make and model
  • A police report

It is essential that you do not apologise to another party, nor should you admit liability and to make sure that conversations are as short as possible.

If you need more guidance on the sort of evidence you need to provide to support a claim, which includes any out of pocket expenses you may have incurred, please get in touch with one of our advisers.

Should You Deal With Insurers Yourself Or Go Through Solicitors?

Motorcycle accident claims can be complex, especially if the other party denies liability for injuries you sustained in the incident. Dealing with insurance companies can also prove challenging for people who are not used to making personal injury claims. As such, it is far wiser to seek legal advice before doing anything. It ensures you start out on the right foot when making a bike crash claim against a company like Aviva Insurance.

It is also worth noting that many insurance providers will offer an early settlement, and all too often this is before a medical examination has been carried out. This initial offer is typically a lot less than you may be entitled to receive, and you should always discuss the amount with a solicitor prior to accepting it.

Having a solicitor advise and represent you when making a motorcycle claim against Aviva Insurance may mean the level of compensation you could be awarded would be an acceptable amount to suit the injuries and out of pocket expenses you suffered.

To find out how we could be of assistance in filing a motorcycle accident claim against Aviva Insurance, please speak to a member of our team.

How Insurance Companies May Assess Injury Claims

Insurance providers investigate all personal injury claims filed against them to establish liability and to establish whether a claimant may have contributed to an accident happening. Very often, a claim would be disputed for a number of reasons, or it may be rejected as a matter of course.

You may find the other party does accept they were responsible for the injuries and damage you suffered. If liability is accepted, the insurer could offer you an early, initial settlement. Should this be the case, the amount offered would typically be far less than you could be owed.

When making a motorcycle accident claim against Aviva Insurance, you must provide sufficient evidence to support your claim and you must be able to show the accident was caused by the other party, or that they were partially to blame. Without the necessary proof, the insurance provider would not consider your claim against their insured party.

Other reasons why Aviva may reject your personal injury claim against them could be because of the following:

  • There is no police report
  • You do not have a medical report
  • You apologised to the other party, or you admitted the accident was your fault when you were at the scene of the incident
  • The Aviva Insurance policyholder claims you were to blame for the accident

To reduce the risk of Aviva rejecting your personal injury claim against them, the best course of action is to seek advice from a solicitor as soon as you can.

How Solicitors Could Help You Secure A Higher Settlement

A solicitor acting on your behalf when claiming motorcycle accident compensation against Aviva Insurance would ensure the amount awarded is both fair and acceptable. Personal injury solicitors boast vast experience when it comes to negotiating compensation payouts with insurance providers.

They understand that an initial settlement offer is usually less than it should be and that any claim must be backed up with a medical report issued by an independent specialist or consultant. Without a report, it would be impossible to place a value on an injury you sustained in a motorcycle accident.

In short, having legal representation would ensure you receive the level of motorcycle accident compensation that suits the injury you suffered and the out of pocket expenses you incurred, whether you were partially to blame or not.

To speak to a member of our team, please call us on 0800 073 8801.

Calculating Personal Injury Claims For Motorcycle Accidents

When it comes to the amount of motorcycle accident compensation you may be awarded, this would depend on several things as explained below:

  • The severity of your injuries
  • How your life, health and well-being have been affected
  • Whether you are able to continue working
  • Whether you require ongoing treatment/therapy

When calculating how much you may receive, a court, solicitor, or insurance provider would refer to the Judicial College Guidelines which provide compensation amounts for injuries sustained in accidents.

The table below provides ballpark amounts based on the JCG and only covers general damages and does not include special damages.

Injury TypeSeverity Amount of Compensation
HandModerate to seriousUp to £58,100
Arm Simple fractures to severeUp to £122,860
WristVery minor to severeUp to £56,180
BackMinor Up to £2,300
FootModest to very severeUp to £102,890
LegLess serious to very serious Up to £85,600

For a more accurate estimate of how much you may be awarded in a successful motorcycle accident claim against Aviva Insurance, please get in touch with one of our advisers today.

Check What Other Types Of Compensation You Could Claim

Apart from general damages which are awarded for injuries sustained, you could also claim special damages for the out of pocket expenses you had to deal with because of the injuries and damage you suffered in the motorcycle accident.

Aviva Insurance may offer an out of court settlement, in which case they may agree to include your expenses in the payout they offer you. Whether your case goes to court, or the insurance provider offers a settlement, you must provide proof of your expenses and losses for any special damages to be considered.

The out of pocket expenses and losses you could claim back in special damages could include the following:

  • Any medical costs which you had to pay for and which the NHS did not cover
  • Travel expenses incurred, whether parking costs, bus fares, train fares, the cost of taking a taxi or car to a medical facility for required treatments
  • Care costs should you need help around the home during your recovery
  • Loss of income and future earnings
  • All other costs and expenses connected to the motorcycle injuries you suffered

If you need to discuss what expenses and costs you could be entitled to claim back, please contact a member of our team today.

How We Could Help You Make A Motorcycle Accident Claim

You may choose to represent yourself when filing a motorcycle accident claim against Aviva Insurance, or you could opt to use a lawyer who does not work on a No Win No Fee basis to act on your behalf. Another option is to contact a member of our team who would assess your claim in a no-obligation, initial consultation which is free of charge.

Other benefits of working with us when making a motorcycle accident claim against Aviva Insurance would include the following:

  • We would arrange for your injuries to be examined by an independent consultant/specialist local to you. The medical report produced would be used to value the motorcycle injury you suffered
  • We would negotiate with the insurer to ensure you are awarded an acceptable amount of compensation to suit the injuries you sustained
  • We would let you know at the earliest opportunity how much you could be awarded
  • Should you require ongoing therapy/treatment, we would ensure the cost of this is included in the final settlement
  • Should your case take a long time to settle, we would negotiate interim payments to avoid any financial hardship

To find out more on how we can be of assistance when making a motorcycle accident claim against Aviva Insurance, please get in touch with a member of our team today.

No Win No Fee Personal Injury Motorcycle Accident Claims

Once we have established that your case against Aviva Insurance is strong, one of our No Win No Fee solicitors would offer to represent you without requesting that you pay a retainer (upfront fee).

No Win No Fee agreements (Conditional Fee Agreements), allow solicitors to represent claimants without requesting that any fees are paid until a final settlement is reached. The amount that would be due in a successful motorcycle accident claim against Aviva Insurance is referred to as a ‘success fee’, and is a modest and legally capped percentage of the amount of compensation you are awarded.

Should you lose your case against Aviva Insurance, the ‘success fee’ would not be payable because both parties, the personal injury solicitor and yourself, signed the No Win No Fee Agreement.

Start A Motorbike Injury Claim

If you are ready to proceed with a motorcycle accident claim against Aviva Insurance, you can contact one of our advisers in the following ways:

  • By phone on 0800 073 8801.
  • By email at – office@accidentclaims.co.uk
  • By using our online contact form – please click here

Helpful Guides And Resources

For more information regarding motorcycle accidents on UK roads, please follow the link provided below:

More information on road safety for bikers

If you would like more information on No Win No Fee Agreements, please click on the link below:

More information on No Win No Fee Agreements 

If you would like to know more about whiplash injuries, please click on the link provided below:

Whiplash symptoms and treatments

If you would like to know more on how general damages are calculated, please follow the link provided below:

How to calculate personal injury compensation

For more information on split liability following an accident in which you were injured, please click on the link provided below:

Split liability explained

 

Guide by HW

Edited by REB