By Jo Anderson. Last Updated 14th November 2023. Suffering an injury in a motorcycle accident can be painful and traumatic. In extreme cases, it could be life-changing or even fatal. In this guide, we discuss how to claim compensation for those injuries by making a motorbike injury claim. Plus, we take you through the complexities of personal injury law so you can understand more about making motorcycle accident claims.
Our No Win No Fee solicitors are experts in recovering compensation after a motorcycle accident and they can help you too.
Our expert and friendly team is standing by to offer you all of the free legal help and support you need, without any obligation to proceed with a claim on a No Win No Fee basis. You can reach them 24 hours a day, 7 days per week by:
- Calling 0800 073 8801
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Select A Section
- Can I Make A Motorcycle Accident Compensation Claim?
- What To Do If You Are Involved In A Motorcycle Accident
- Motorcycle Accident Claims Against An Untraceable Or Uninsured Drivers
- Motorcycle Accident Compensation Payouts
- No Win No Fee Motorcycle Injury Claims
- Useful Links Relating To Motorcycle Accident Claims
If you’re injured riding your motorcycle, you might be wondering if you could claim compensation. To be eligible to make a motorbike accident claim, you would need to prove that someone caused your injuries by breaching a duty of care they owed towards you.
All road users owe each other a duty of care, which is a legal responsibility for someone else’s health and safety. This means that they must use the roads safely to avoid causing harm to each other, and they must comply with the Road Traffic Act 1988 and the mandatory rules in the Highway Code.
If they fail to do so, for example, by driving under the influence of drugs, overtaking dangerously, or failing to stop at traffic lights, they could injure other road users. If this has happened to you, you may be able to make a motorbike compensation claim for your injuries and the financial costs incurred because of them.
To check your eligibility to claim compensation for a motorcycle accident, contact our team of advisors today. They can evaluate your claim for free, and may be able to connect you with one of our solicitors.
How Long Do I Have To Make A Motorcycle Accident Compensation Claim?
In order to successfully make a motorcycle accident claim, it’s important to ensure you bring the case within the personal injury time limit. This is a rule contained within the Limitation Act 1980. What is this exactly?
- You have 3 years to make any motorcycle accident claims from the date of the accident.
- If the injured person is below the age of 18, they would be classed as a minor and wouldn’t be able to represent themselves in a claim. In such circumstances, a relative or appointed representative, known as a litigation friend, is able to pursue the claim on their behalf. If no claim is made by the time they turn 18, the 3 year period will begin to run from that point, giving them until their 21st birthday.
- If the injured person loses the mental capacity to claim or lacks it, again a litigation friend can make a claim on their behalf, or if no claim is made, the 3-year clock will freeze until that person begins their recovery and is able to represent themselves. This rule is contained within the Mental Capacity Act 2005.
For more information on the time limit for motorcycle accident claims, you can contact our advisory team.
Here are some important steps to take if you have been involved in a motorcycle accident:
- Take photographs – If there has been any damage to your motorbike, you are advised to take photographs, as this will help to strengthen your claim. You should also take photos of your injuries if they are visible.
- Acquire contact details – You will need the contact details of the person that caused the accident. This includes their basic contact information, the details about their vehicle, and their insurance information. You should also try and get the contact information of anyone who witnessed the incident, as this can also help you to build a strong case.
- Contact the police – In some cases, you will need to contact the police. This is especially the case if the accident is posing a threat to oncoming traffic. You should also call the police if the person who caused the accident has fled the scene.
- Consider instructing a No Win No Fee solicitor – It is always better to go for a No Win, No Fee motorcycle accident solicitor as opposed to a general personal injury lawyer. This is because they’ll possess the expertise needed for these types of claims. Plus, under a No Win No Fee agreement, you won’t have to pay your solicitor’s legal fees if they do not secure compensation for you. This ensures the risk that is typically associated with making a motorcycle accident personal injury claim is eradicated. At Accident Claims, all of our solicitors are No Win, No Fee.
- Keep proof of all costs incurred – You will be able to make a claim for any expenses you have suffered as a direct consequence of the motorcycle accident you were involved in. Common examples include travel costs, motorbike repair expenses, loss of income, prescription expenses, the cost of treatment, counselling expenses, and such like. In order to claim for these, however, you are going to need proof, such as receipts.
- Make a note of everything that happened – It is always advisable to sit down and make a note of everything that occurred. This will make sure you do not overlook any important details later on down the line.
By following all of these steps, it’ll make the process of making a motorcycle accident claim all the more straightforward and will hopefully increase your chances of success. For more information on what to do after a motorcycle accident, please get in touch with our personal injury claims team.
Evidence To Support Motorcycle Accident Claims
One of the most important steps of the motorcycle accident claims process is collecting evidence. Evidence can help support and strengthen your claim by demonstrating who is liable for the accident, how it occurred, and how severe your injuries are.
Some examples of evidence that you could use to support a motorcycle accident claim include:
- Dashcam footage: Dashcam footage of the accident can help demonstrate how it happened, and who is at fault.
- Medical records: Your medical records can give more insight into your injuries and how severe they are, as well as how your treatment will affect your life.
- Witness statements: You cannot collect these yourself. However, you can take the contact details of those who witnessed your accident. This allows your solicitor to take their statements at a later date.
- Photographs: Taking photographs of your injuries and the accident site when it’s safe to do so can also help support your claim.
One of the benefits of working with a solicitor is that they can help you gather evidence to support your claim. Along with the instances mentioned above, a solicitor can help source other relevant evidence specific to your claim.
Contact our team of advisors today to find out if you could work with a motorbike accident lawyer from our team.
If you have been involved in a motorbike crash with an untraceable or uninsured driver, you could still make a claim for compensation. However, your claim will be made via the Motor Insurers’ Bureau (MIB).
The MIB aims to compensate the drivers who have been affected by negligent uninsured and untraceable motorists. They handle a wide variety of claims against untraceable drivers, including motorbike accidents.
Contact our advisors today for more information about starting a claim if you were involved in an accident with an untraceable driver. Additionally, they may be able to connect you with our motorcycle accident lawyers, who could help you with your claim if they believe you are eligible for compensation.
If your motorbike compensation claim succeeds, your payout could include special and general damages. General damages compensate you for the suffering and pain you have experienced due to your injuries.
Those calculating such payouts could look to the Judicial College Guidelines (JCG). This publication provides guideline payout brackets for different injuries at varying levels of severity.
The table below contains figures from the 16th edition of the JCG, released in 2022. We should mention that this is only guidance. Your payout would depend on the unique circumstances of your case.
It is also important to note, that the top entry in this table does not appear within the JCG.
|Multiple severe injuries||Serious injuries, when combined cause significant pain and suffering and financial costs.||Up to £250,000+|
|(a) Severe Back Injury (i)||Serious consequences due to the spinal cord and nerve roots being severely damaged.||£91,090 to £160,980|
|(b) Moderate Back Injury (i)||The lumbar vertebrae has suffered a compression or crush fracture.||£27,760 to £38,780|
|(a) Severe Neck Injury (i)||The injury may result in incomplete paraplegia or the person may have no neck movement despite wearing a collar 24/7 for a few years.||In the region of £148,330
|(b) Moderate Neck Injury (ii)||A wrenching-type or soft tissue injury that results in permanent pain with significant limitation of movement in the neck.||£13,740 to
|(a) Severe Arm Injuries||Injury falling short of amputation but causing substantial disability.||£96,160 to £130,930|
|(a) Wrist Injuries||Loss of function in the wrist, potentially due to an arthrodesis being performed.||£47,620 to £59,860|
|(b) Serious Leg Injuries (iii)||Serious comminuted or compound fractures that require prolonged treatment and may cause instability in the leg.||£39,200 to £54,830|
|(c) Less Serious Leg Injuries (iii)||Simple tibia or fibula fractures,or soft tissue injuries that may cause a restriction in movement will dull aching.||Up to £11,840
|(d) Less Severe Brain Damage||A significant recovery will have been made and the person will be able to return to normal working and social life. However they may still struggle with poor memory and concentration.||£15,320 to £43,060|
|(e) Minor Brain Damage||Any brain damage will have been minimal. Presence of headaches, severity of the initial injury and other factors will affect how much is awarded.||£2,210 to £12,770|
Special damages compensate you for costs and losses caused by your injuries. These could include:
- Loss of income – if you have needed time off work to recover and lost out on pay.
- Care costs – any paid care you’ve needed at home to recover from your injuries.
- Medical expenses – such as mobility, aids and prescription costs, for example.
- Travel costs – due to medical appointments and meetings with your solicitor.
You would need to provide evidence that these costs and losses directly resulted from your injuries. Evidence could include payslips, invoices and bank statements.
Please contact an advisor for a free case assessment or to ask about motorcycle accidents claims processes or the average payout for a motorcycle accident in the UK.
You may be wondering how a motorbike accident solicitor could help you make your claim. A motorcycle accident lawyer can help you through the motorcycle injury claims process by helping you establish who is liable for your injuries, gather evidence, and ensure that all areas of your claim are properly evaluated before it is submitted.
You can sustain serious injuries from motorcycle accidents, and a lawyer from our team could help the process seem less stressful. Our solicitors offer a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA), which allows you to access their services without paying any fees upfront. Under a CFA, if your claim succeeds, they will deduct a legally-capped success fee from your award. But, if your claim does not succeed, then you do not pay this fee.
To find out if you could be eligible to work with one of our solicitors, get in touch with our advisors today. They can offer you a free consultation in which they will evaluate your claim, and if they find it to be valid, they may put you in touch with a solicitor from our team.
You can get in touch with our personal injury claims team in any of the following ways:
- Call us on 0800 073 8801
- Write to us by clicking here and start your claim online
- Or drop us a message using our live chat feature, bottom right
We hope that you have found all of the information you need in this guide. Nevertheless, if you still require further details, please use the links below:
- Fatal Accident Guide To Claiming – If someone you love has lost his or her life due to a motorcycle accident, you can use this link to find out whether or not you can claim compensation for a fatal accident.
- Road Traffic Accident Claims – Our guide to claiming compensation when you have been involved in a road traffic accident.
- Ageas Motorcycle Insurance Claims Guide – How To Claim Compensation Against Ageas Insurance
- GOV – Think Campaign – This link takes you to a UK Government website for the campaign THINK!, which is all about road safety. This section, in particular, is about motorcycles.
- NHS Guide to Broken Bones – a guide that walks you through a variety of broken bone injuries, such as a wrist injury, leg injury or arm injury.
- The UK Government’s Road Traffic Accident Statistics – the UK government’s latest statistics on road traffic accidents.
- Whiplash Compensation Calculator – take a look at our guide where we discuss whiplash compensation in greater length.
- Pedestrian Accident Claims – pedestrians may also have grounds to claim if they have been involved in an accident that wasn’t their fault. Take a look at our guide to learn more.
- Can I make a claim if I was a passenger of a car accident? – take a look at our guide where we discuss whether passengers of a car could make a compensation claim.
We would be happy to answer any questions you have to ask about motorcycle accidents, compensation and our services. We have plenty of satisfied clients, and we’re sure we could provide just the service you’re looking for.