In this online guide, we will explain the basics of compensation claims involving Hastings Direct motorcycle insurance. We cover everything from the basic eligibility criteria, through to advice on how to find a good personal injury lawyer to process a personal injury claim for you.
Even though this guide is aimed at teaching you all you need to know about making a claim, there may be unique aspects of your case that this guide does not take into account, leaving questions unanswered. If this is so, you just need to give our claims team a quick call on 0800 073 8801. A claim advisor will answer your questions, and also provide you with information on how we can help you to move your claim forward.
Select A Section:
- A Guide To Personal Injury Claims For Motorcycle Accidents
- What Are Personal Injury Claims For Motorcycle Accidents?
- Are Motorcycle Insurance Policies By Hastings Direct Underwritten By Another Party?
- Check If You Are Eligible To Make A Motorcycle Injury Claim
- When You Could Make A Motorcycle Injury Claim
- How Could I Help My Solicitor?
- How To Deal With An Insurance Company?
- Dealing With Disputed Claims
- Could I Secure A Better Settlement With A Solicitor?
- Motorbike Accident Personal Injury Calculator
- Check What Other Damages You Could Claim
- How Our Team Could Help Motorcycle Accident Victims
- No Win No Fee Motorcycle Accident Personal Injury Claims
- Talk To Our Team
- Helpful Resources
A Guide To Personal Injury Claims For Motorcycle Accidents
If you ride a motorcycle, scooter or moped, then you are statistically at more risk of being involved in a road traffic accident than many other types of road users. This guide will look at the legal process of making a claim against an insurer provided by Hastings Direct Insurance if, as a motorcyclist, you are injured in an accident with a road user who is insured by that firm.
The guide begins by giving a basic overview of what motorcycle accident claims are, and why you could be eligible to claim compensation if you are injured in one. We take a look at how policies sold by Hastings Direct are brokered as well. The eligibility criteria are discussed, and we provide some information on when it would be appropriate to make a compensation claim. We explain some of the things you can do to help your solicitor reach a successful resolution to your claim and some general advice on dealing with a claim and what to do if a claim is disputed.
The last part of this guide goes over some of the financial aspects of the claims process. You will find an explanation of the reason why, in general, a solicitor could secure you a higher level of compensation than accepting a pre-medical or out of court settlement. You will find a table that will help you to discern the level of compensation you may receive if your claim is a success, and the kinds of damages the settlement would comprise of. We offer some advice on how to proceed with a claim, and how we can help you with this. Finally, we look at what a No Win No Fee claim is, and try to show how such a service might be a suitable method for making your own claim.
If you have any questions about the contents of this guide once you have finished reading it, or simply want some free legal advice about your own circumstances, then please call our claims team and speak to one of our expert advisors on the phone number near the top and bottom of this page. They will answer all your questions, evaluate your claim, and tell you about the ways we can help you to get your claim started.
What Are Personal Injury Claims For Motorcycle Accidents?
A personal injury claim for a motorcycle accident can be one of two things. Firstly, a motorcyclist who has been injured in an accident for which no single party can be blamed may need to make a split liability claim against their motorcycle insurance. Secondly, a road user that has been injured in an accident caused by a motorcyclist, might need to claim against an insurer provided by Hastings Direct.
In either case, in order for personal injury claims to be possible, the claimant must prove their eligibility to claim.
This is something we can help you to accomplish. We can go over your claim with you, and let you know whether you could be eligible to make a claim or not. If you speak to one of our claim advisors, they will be able to go through this process with you.
Are Motorcycle Insurance Policies By Hastings Direct Underwritten By Another Party?
For insurance products from Hastings Direct, such as motorbike insurance, scooter insurance or moped insurance, Hastings Direct uses a range of insurers to underwrite the policies sold. However, the main underwriter used by Hastings Direct is Partner Assistance S.A.
For policyholders, the underwriter acts as a silent party, and all negotiation and agreements are made with Hastings Direct as the broker.
Check If You Are Eligible To Make A Motorcycle Injury Claim
If you have suffered a motorbike crash injury, then in order to make a claim, you are going to need to satisfy the following criteria:
- That the other party, or the defendant, owed you a duty of care. If they were another road user, this will be straightforward to establish.
- They breached their duty of care, leading to an accident.
- As a result of that accident, you sustained some form of harm.
Even if you were partially responsible for an accident happening, you could still be in a position to make a compensation claim for the harm you suffered. Your legal team would likely agree to a reduced level of liability with the defendant and any compensation awarded would reflect this.
If you want to check whether you could potentially be eligible to make a claim, please call our claims team and speak to an advisor. They will evaluate your claim with you and let you know whether it could be viable or not.
When You Could Make A Motorcycle Injury Claim
There is a range of different reasons why a person may need to engage a personal injury solicitor to help them make a compensation claim due to injuries sustained in a motorcycle accident. These include:
- Damage to a motorcycle caused by a split liability accident, or caused by an unknown third party. For example, if the bike is damaged whilst parked overnight. The claim would be made against the motorcyclist’s own insurer.
- Injuries to a motorcyclist who was involved in a split liability accident, and is claiming against their own insurer.
- Damage to a vehicle that was involved in an accident that was caused by a motorcyclist.
- Injuries inflicted upon a third party in an accident that was caused by a motorcyclist.
If you are unsure whether you have a valid claim or not, our claims team can help you if you give them a call today.
Common Motorbike Accidents
Motorcyclists often face a higher risk of accidents than other road users. A motorcycle is far less visible than other kinds of vehicles, and also more prone to accidents caused by a bad road surface or weather conditions. Some of the common causes of accidents that could result in a motorbike personal injury insurance claim are:
- A head-on collision with an oncoming vehicle that is overtaking.
- An accident at a left-hand turn or junction.
- Accidents that are on dual carriageways or motorways caused by a vehicle changing lanes.
- Road hazards such as potholes or damaged road surfaces.
- Vehicles overtaking a motorbike without leaving enough room, causing the motorbike to run off the road.
These could be regarded as some of the most common kinds of motorcycle accidents, but there are, of course, many more. If you have been injured in a bike accident, speak to our claims team. Explain your circumstances to one of our expert advisors and they will tell you whether you have a potential claim or not.
Common Motorbike Injuries
A biker is not protected by their vehicle in the same way that a car, van or lorry driver is. Therefore, they are at risk of serious injuries in even the most minor of accidents. Common injuries sustained in a motorcycle accident can include:
- A motorcycle head injury or a motorcycle accident brain injury.
- Fractures, including traumatic ones such as a fractured pelvis.
- Back and neck injuries.
- Cuts, abrasions and lacerations.
- Damage to the extremities such as a motorbike accident hand injury or foot injury.
- Soft tissue injuries such as sprains and strains.
- Permanent disability or death.
These are all common injuries that a motorcyclist might sustain in an accident. But there are more of course. No matter what injury you have suffered, if a third party caused it, we might be able to help you claim. Call our claims team today to find out how.
How Could I Help My Solicitor?
When a motorbike rider is injured in an accident that was not their fault, there are several things they can do that will help their solicitor and their own claim, as well as ensuring they have received the help they need at the scene of the accident, and also covered their legal obligations. These steps include:
- Call the police and report the accident. In some cases, this is obligatory. For example, when a person is injured, an animal is killed or there has been damage to private property. An accident report will be kept by the police, which could be useful evidence in the future.
- Visit the hospital to get your injuries treated. Even if you think your injuries are only minor and don’t warrant medical treatment, go to the hospital anyway. This will ensure that there is an official medical record of your injuries, and how they were caused.
- Take photographs or video of the scene of the accident, the cause, and all of the vehicles involved. You may need to submit this kind of evidence to support your claim.
- If there were any witnesses to the accident, gather their contact details. They may need to be called upon to give testimony to support your claim at a later stage.
These are some sensible steps you can take in preparation for making a claim. For further advice about the kinds of evidence you can submit to support your claim, speak to one of our claim advisors.
How To Deal With An Insurance Company?
Before contacting a personal injury solicitor to help with your claim, you would likely contact the insurance company first. Once you have done this, the insurer might reply with an offer of free legal help to pursue a claim against them or even a pre-medical out of court settlement.
It is important to understand that if you accept this legal help, you may be signing away your ability to make a full claim later on. Furthermore, it is unlikely that a pre-medical out of court settlement will be for the same level of compensation you might receive once you make a claim based on your actual injuries.
If you need some advice on how to deal with an insurance firm, we can help. Talk to our claims team and one of our expert advisors will be able to assist you with this.
Dealing With Disputed Claims
In some cases, Hastings Direct may refute a claim, stating that the party whom they are insuring was not liable. In this case, you will need to be able to prove that Hastings Direct is wrong in this decision. A personal injury lawyer can help you with this.
We can assist you in proving that a claim does exist and that the insurer is wrong. We can help you to prepare the evidence you need to prove your case, and we can then process it for you. We will represent you in court if the claim reaches that stage. Give us a call today to proceed with a claim.
Could I Secure A Better Settlement With A Solicitor?
If you are offered an out of court settlement, the insurer is likely offering a lowball figure to avoid paying a much higher amount of compensation if the claim goes to court for a decision.
A personal injury solicitor can help you to prepare your claim more effectively and gather the kind of evidence that will ensure that you achieve a successful resolution to your claim. In many cases, the compensation settlement you receive will be higher than any out of court or pre-medical settlement you are offered. If you want to find out whether making a claim rather than accepting a settlement you have been offered makes sense, please speak to our claims team today.
Motorbike Accident Personal Injury Calculator
Rather than provide a personal injury claims calculator, we have presented this table, based on the guidelines of a legal organisation known as the Judicial College. These guidelines are used by solicitors and the courts to value claims. You can look up the level of compensation you could be able to claim below. This is, however, just an estimate.
Injury Severity Notes Compensation
Injured hand Minor Straightforward fractures of the hand or thumb, as well as scarring or tenderness. Full recovery made within 6 months. Up to £4,461
Injured arm Moderate Under this heading, we would include all injuries such as a medical condition like tennis elbow. As well as some kinds of fractures, lacerations and soft tissue injuries that result in no permanent impairment once healed fully. Up to £11,820
Injured back Moderate Under this heading, we would include all injuries such as a crush or compression fracture of one of the back vertebrae. This may require surgery to treat. There could be chronic, ongoing pain and a risk of osteoporosis or arthritis in the future. £26,050 to £36,390
Injured neck Minor The likes of sprains and strains that resolve within 3 months. Up to £2,300
Injured foot Moderate Under this heading, we would include injuries such as a metatarsal fracture, that after surgery will still not heal fully and result in a long-term impairment. £12,900 to £23,460
Injured leg Moderate Under this heading, we would include all injuries to a single limb such as deep wounds that have penetrated the flesh, damage due to being crushed, and deep cuts and lacerations, as well as soft-tissue injuries and fractures. There could be some permanent impairment once the injury has healed, and there could be an effect on the victim’s employability. Damages would be graded on the level of disability manifested. £26,050 to £36,790
Injured head/brain Moderate Under this heading, we would include all injuries such as those which result in a lessening of cognitive ability, or negatively affected memory, speech, senses, et. Prospects of employment would be lowered and there could be a risk of epilepsy in the future. £40,410 to £205,580
For a more accurate estimate, contact our claims team and they can arrange for a solicitor to value your claim for you.
Check What Other Damages You Could Claim
If your claim is resolved successfully, you will receive a compensation settlement that is made up of several different kinds of damages.
General damages are paid to the claimant to compensate them for the physical and psychological harm. The level of compensation is calculated by taking into consideration the kind of treatment the claimant underwent, the level of pain and suffering they endured, and any long-term symptoms. These damages could cover:
- Long-term or private disability or impairment.
- Lowered life quality.
- Traumatic or invasive treatment.
- Pain and suffering.
- Psychological injuries.
- Stress and trauma.
Special damages are paid to the claimant to compensate them for all the non-physical kinds of losses. If these financial losses have already been incurred, documented proof of these costs will need to be provided by the claimant. Special damages might include:
- Loss of future work prospects and remuneration.
- Loss of recent earnings.
- Care costs.
- Medical fees.
- Out of pocket expenses.
If you want to find out what kinds of damages you may be able to claim based on your own unique circumstances, please speak to one of our claim advisors.
How Our Team Could Help Motorcycle Accident Victims
With over three decades of experience, our solicitors can help you to achieve a positive outcome to your claim and get the most compensation possible. You will receive regular updates on the status of your claim, in plain and simple English with no legal jargon. And we can offer you a risk-free option of pursuing a claim, which we’ll discuss next.
No Win No Fee Motorcycle Accident Personal Injury Claims
A No Win No Fee solicitor can provide you with the legal help you need, and also minimise the financial risks of making a claim. You won’t pay a fee for a new claim being started or while it is processed. You also don’t pay your solicitor a fee if the claim fails.
If you do win your claim, the solicitor will likely ask you to pay a small success fee, which is legally capped. This can be taken directly from the compensation awarded at the end of a case.
Talk To Our Team
If you need information, such as about the personal injury claims time limit that will apply, or any other advice about a claim, please contact our claims team on 0800 073 8801. Additionally, if you are ready to start a claim right now, one of our advisors will be able to tell you how.
These external resources might have additional, useful information for you:
You may like to go over these other relevant guides published by us:
Guide by Wheeler
Edited by Billing