If you’ve suffered an accident on a moped, it can greatly affect your quality of life. If the moped accident was an incident caused by another road user’s negligence, you might be able to claim compensation by making a personal injury claim. This guide provides examples of what instances you’d be able to claim and answers the following important questions:
- What is a moped accident?
- What is The Highway Code, and how is it relevant to making a claim?
- Can I claim if the driver that caused the accident is untraced or uninsured?
- Can I claim if I was involved in an accident but wasn’t the person driving?
- What are the benefits of using a No Win No Fee personal injury lawyer?
Accident on a moped guide
Our advisors are available 24/7 and offer free legal advice, so if you have any questions or queries, such as wanting to know if you’re eligible, please get in touch with us at a time that suits you.
- Call us using 0161 696 9685
- E-mail us with your injury details using [email protected]
- Enquire using the live chat window on your screen now
- Contact us using the form on our website
Please read on to learn more about claiming compensation for a moped accident.
Jump To A Section
- A Guide On Claiming For An Accident On A Moped
- What Are Accidents On A Moped?
- What Should You Do At A Moped Accident?
- How Are Injuries Classified?
- Symptoms Of Moped Accident Injuries
- How Do You Claim Interim Payments?
- Making A Claim Against An Untraced Or Uninsured Driver
- Who Is Liable For My Accident On A Moped?
- Accident On A Moped Compensation Calculator
- What Special Damages Could You Claim?
- Claim For An Accident On A Moped With A No Win No Fee Solicitor
- Speak To An Expert
- Motor Vehicle Accident Claim Resources
- FAQs About Claiming For An Accident On A Moped
A Guide On Claiming For An Accident On A Moped
An accident on a moped can lead to serious injuries that affect your quality of life. If another road user’s negligence caused the incident, you might be able to claim.
A road user’s duty of care is defined in The Highway Code. The rules laid out within it clarify how road users need to act when using the road. Due to this, any act that breaks these rules could be considered negligence.
From a legal perspective, negligence is caused when a third party acts against their duty of care. Therefore, to claim successfully, you need to be able to prove the following:
- That the third party had a duty of care towards you
- That their acts went against this duty of care
- Finally, that this breach of their duty of care caused your injury
There is also a highway code for motorbikes that you need to adhere to. If, for some reason, both drivers involved in the incident were deemed to be partially responsible, receiving compensation could be more complicated because the level of fault would need to be assessed. For instance, if you’re deemed 30% responsible for the accident, you may receive 30% less compensation.
To learn more about claiming, please contact our advisors. They’re available 24/7 and offer free legal advice about personal injury claims. They can also put you through to a No Win No Fee personal injury solicitor from our panel who could then help you receive thousands of pounds in compensation. Call us today using the contact details above.
What Are Accidents On A Moped?
You may be wondering, “what is a moped accident?” A moped accident can come from you driving a moped on the road and colliding with another road user’s vehicle, such as a car or motorbike, for instance. This could lead to injuries like a fracture or a head injury that could result in you being unable to work. Therefore, this might be why you’re looking for compensation.
You would only be able to receive compensation for the injury if you’re able to prove that another road user’s negligence caused the moped accident, or that you were only partially responsible. For instance, while driving your moped, you may be able to claim if you become injured in a car accident caused by one driver breaking the speed limit.
You could also be involved in a scooter accident due to a car driver going through a red light. In instances like this, you may be able to receive compensation by showing how the other road user has driven negligently. You could also claim if you’re the passenger and you weren’t at fault for the incident. The next section will clarify what you could do to prove negligence after an accident on a moped.
What Should You Do At A Moped Accident?
There is evidence you could collect after being in a scooter accident that could improve your chances of receiving compensation. The amount of compensation you could receive partly depends on the extent and severity of the injury and the potential psychological impact the injury and incident have had on you.
Actions you could take after an accident on a moped include:
- Contacting emergency services if anyone is injured and the police to report the accident.
- Taking insurance details of the driver that collided with you.
- If you have insurance yourself, contacting your insurer.
- Taking photographs of the scene to provide further proof of the accident.
- Collecting contact details of any witnesses that saw the incident. They may be able to provide statements at a later date.
- Getting copies of medical reports and scans.
- Making a record of the scans/procedures/medication you’ve had to have due to the injury.
- Contacting a personal injury lawyer who could help you build your case.
How Are Injuries Classified?
As previously stated, the compensation you could receive partly depends on the extent of the injury you’ve suffered. Injuries can be placed into distinct classifications, such as severe, serious, moderate and minor.
Suppose you’ve suffered from an accident on a moped. In that case, the severity of the injury depends on many factors, such as the speed of the collision, the environment the accident happened in and the parts of the body affected.
With this in mind, a head injury, for instance, would be assessed by an independent medical professional during a personal injury claim to evaluate how badly you’ve been injured. They’d also be able to determine whether it’s likely that the accident caused or worsened your injuries (or there were no links between the injury and accident).
The medical report will help categorise your injury, which will determine how much compensation you could receive should your claim be successful.
The symptoms caused by the accident could vary greatly depending on other factors, such as if you were wearing a helmet.
Symptoms Of Moped Accident Injuries
A moped accident can lead to serious injuries causing symptoms that can greatly affect your quality of life. Symptoms vary based on the type of injury suffered and the classification of said injury. They can include:
- Head injuries, which can cause personality changes, difficulties with memory, mobility issues and scarring, if surgery is required.
- A fracture or a break to your arm, for instance, could cause intense pain, leave you being unable to move or put pressure on it and require you to wear a cast.
- Back injuries could cause musculoskeletal problems and issues such as fractured or herniated discs and mobility issues.
You could also claim for psychological issues caused by the incident. For instance, you could suffer PTSD or anxiety after being involved in an event that involves a moped accident death. This could greatly affect your life, as you may be unable to drive for months or even years after the incident.
How Do You Claim Interim Payments?
Interim payments are when you get compensation from the personal injury claim before the claim has finished.
Usually, compensation isn’t paid until the end of the claim. However, under specific circumstances, you may be entitled to interim payments that are agreed upon before the final compensation settlement is made.
These payments will be taken from the total amount of compensation you receive. What’s more, it can only happen if the other side admits liability but a settlement hasn’t yet been agreed upon.
Interim payments can help with the following:
- Loss of earnings you’ve experienced due to being unable to work.
- Private medical costs, if you require rehabilitation because of the injury suffered.
- Care costs. For example, you may require a care nurse because of the severe break and other injuries.
- Travel costs. For instance, if you’re unable to drive, travelling to medical appointments can be expensive and might be money you don’t have, particularly if you’re unable to work.
- Adaptations to your home caused by the injury. You may need a stairlift due to how the injury has affected your mobility, for instance.
Can I get an interim payment to help with my recovery?
However, whether you’re able to receive interim payments depends on the nature of your situation and the state of the case. Your personal injury solicitor will assess your financial situation to see if you’re eligible to receive interim payments. They normally request that you take them should you be suitable to require them.
It’s important to bear in mind that interim payments are usually only granted if the party you’re claiming against admits liability for the incident. You can also only really request them if you have urgent financial issues such as medical care that needs to be paid for.
To learn more about interim payments, please get in touch with our advisors. They can answer any queries about personal injury claims you may have and can even tell you if you’re eligible to claim. Call them now using the details above.
Making A Claim Against An Untraced Or Uninsured Driver
You can also receive compensation if you’ve been hit by an untraced or uninsured driver. The Motor Insurers’ Bureau (MIB) pay compensation in instances like this. Another example of when you might refer to them is if a loved one suffers a moped accident death caused by an uninsured driver.
This is because, without knowing who the guilty party is or without the third party having an insurance provider, you’ll be unable to receive compensation through the usual methods.
Instead, the MIB could help you receive compensation. They are funded by the insurance premiums of law-abiding road users. They consider claims for vehicle and property damage in instances where the normal methods cannot be pursued.
You will need to contact them if you want to claim for an accident on a moped that an uninsured or untraced driver caused. However, a legal professional can help you with this process.
Who Is Liable For My Accident On A Moped?
Which party is liable for an accident on a moped depends on the circumstances surrounding the incident. We will run through a few scenarios below to provide you with a better understanding of your situation.
- If the injury was caused by another road user’s negligence, they could be liable, and you would go through the normal process of making a road traffic accident claim. The beginning stages of making a claim involve taking their insurance details, contacting your insurer and informing the police of the incident.
- If you experienced a hit and run from an untraced driver or an uninsured driver hit you, you should contact the Motor Insurers’ Bureau. They would inform you of what information you need. A legal professional can help you with the application for compensation.
- However, if you’ve suffered a moped accident due to unsafe or poorly maintained road conditions, there are other third parties you may need to claim against. If you’ve injured yourself on a highway, you may need to contact the company that maintains the roads such as Highways England.
- Furthermore, if you’ve suffered an injury from an unsafe road controlled by the local council, you could claim against them. This is because they are occupiers of the land. To find out more about their duty of care, read the Occupiers’ Liability Act 1957.
If you’ve been involved in an accident and want to make a claim, the most important factor is being able to prove third party negligence. If you’re unable to do this, you won’t be able to receive compensation. However, if you’re partially liable for the injuries, you could still claim.
What is my duty of care as a moped rider?
Moped riders have a specific duty of care in the form of the highway code for motorbikes. This specifically lists the actions that you need to adhere to in order to ride safely and securely. Any reckless actions could be seen as negligent if they potentially endanger other people’s lives.
To help ensure safety, moped riders could take the below measures.
- The rider and the pillion passenger must wear protective helmets. These helmets must be fastened securely and comply with regulations.
- It’s advised that eye protectors are worn. Again, these need to comply with regulations because poorly-constructed or tightly-fitted ones can lower your visibility.
- Riders must have only one pillion passenger on a single bike. However, the bike must be able to carry a pillion passenger safely.
- They could wear reflective clothing when driving in the dark.
- When driving in the day, a lightly-coloured helmet and fluorescent clothing or strips could be worn to ensure other drivers see you.
If you were found to be acting recklessly (for example, by not wearing a helmet while riding), it could affect your personal injury claim. Therefore, always make sure you’re complying with The Highway Code to keep yourself and other road users as safe as possible.
Accident On A Moped Compensation Calculator
There are two potential heads of claim when making a personal injury claim for an accident on a moped. General damages relate to the physical and psychological damage caused by the incident, as well as the general decline in your quality of life. As mentioned previously, this compensation is calculated based on the classification of your injury.
The Judicial College helps with this. They analyse previous general damages payouts based on the severity of the injury. Therefore, they’ve been able to build reliable compensation brackets that can advise you of the amount you could receive from a successful claim.
Please see below for a list of injuries and their relevant compensation brackets. The Judicial College provides these figures.
| Type of Injury | Severity | Amount of Compensation | Description |
|---|---|---|---|
| Brain | (d) Less Severe | £14,380 to £40,410 | Injuries in this bracket result in the injured person making a good recovery and being able to return to work and lead a normal social life. However, not all normal brain functions may be restored, leading to issues such as poor concentration and issues with mood and memory. |
| Eye | (h) Minor Eye Injuries | £3,710 to £8,200 | This bracket includes minor eye injuries, such as exposure to smoke fumes and being struck in the eye. |
| Chest | (c) Damage to chest and lung(s) | £29,380 to £51,460 | Injuries in this bracket cause continuing disability to chest and lung(s). |
| Kidney | (c) Loss of one kidney | £28,880 to £42,110 | An injury in this bracket will cause a loss of one kidney with no damage to the other one. |
| Bowels | (e) Penetrating injuries | £11,820 to £22,970 | Injuries in this bracket cause penetrating injuries that lead to permanent damage. However, natural function and control will eventually return. |
| Back | (b) Moderate (i) | £26,050 to £36,390 | Back injuries in this bracket are on the moderate scale. This includes injuries like compression/crush fractures of the lumbar vertebrae or a prolapsed intevertebral disc resulting in surgery. |
| Shoulder | (c) Moderate | £7,410 to £11,980 | Injuries in this bracket include a frozen shoulder which limits movement and symptoms that cause discomfort for around two years. |
| Clavicle | (e) Fracture of Clavicle | £4,830 to £11,490 | The level of award in this bracket will depend on the extent of the fracture and any residual symptoms caused. |
| Injuries to the Pelvis and Hips | (b) Moderate (i) | £24,950 to £36,770 | Injuries in this bracket cause significant damage to the pelvis or hip but any permanent disability is not a major issue. |
| Leg | (c) Less Serious Leg Injuries (iii) | Up to £11,110 | Injuries in this bracket include simple tibia or fibula fractures or soft tissue injuries. |
If your injury is worth less than £5,000, you should claim through a different method. The government has introduced the Whiplash Reform Programme that can help you claim for minor injuries on the road. The Whiplash Injury Regulations 2021 outlines this in more detail.
If you can’t see your injuries in the compensation table above, why not reach out to us? Our advisors take the nuances of your claim into account to give you a free, tailored estimate.
What Special Damages Could You Claim?
You may be wondering what else you could claim after experiencing an accident on a moped. Special damages are the second potential head of your claim and relate to financial losses suffered due to the injury. Depending on the nature of it, you could claim for:
- Loss of earnings
- Loss of future earnings
- Travel costs (to and from medical appointments, for example)
- Prescription/medicine expenses
- Recreational activities that you can no longer attend but have already paid for and can’t recover the cost of
However, you should bear in mind that if you don’t receive general damages compensation, you won’t receive special damages compensation. This is because, by not receiving general damages compensation, it was decided that the third party wasn’t liable for your injuries. Therefore, in this instance, you wouldn’t receive any compensation.
To potentially receive special damages compensation, you need to provide financial evidence showing the value of losses you’re looking to claim. You can do this by using receipts, invoices and bank statements, for example.
The personal injury claims time limit is also an important aspect to consider. Usually, you would need to begin claims proceedings three years from the incident or three years from being made aware of the injury being caused by negligence.
To see if you could receive compensation, please call our advisors at a time that works for you. They offer free guidance and can connect you with a No Win No Fee personal injury solicitor from our panel.
Claim For An Accident On A Moped With A No Win No Fee Solicitor
You may be wondering what the benefits of using a personal injury solicitor on a No Win No Fee basis are. They include:
- Not needing to pay solicitor fees, either upfront or during the claims process.
- Instead, they take a small, legally capped portion from the compensation once your claim has been successful (‘success fee’).
- Not taking legal fees from you if your claim isn’t successful.
The success fee is capped by law and would only be taken after the compensation comes through.
Our panel of solicitors offer their services on a No Win No Fee basis. Why not get in touch to see if you could claim?
Speak To An Expert
Our advisors are available 24/7, offer free legal advice and can provide you with a compensation estimate over the phone in just a few minutes. They can also put you through to our panel of experienced, knowledgeable solicitors who can take your case on a No Win No Fee basis. Please contact us today using the details below.
- Call us using 0161 696 9685
- Email us with your injury details at [email protected]
- Enquire using the live chat window on your screen now
- Contact us using the form on our website
Motor Vehicle Accident Claim Resources
Please use the links below to learn more about what you could claim for an accident on a moped.
If you’ve broken a bone and want medical advice, please refer to this NHS guidance.
The government provides road safety data which you can find here.
The Department for Transport provides statistics for road traffic accidents across Great Britain which help assess the safety of the roads.
To learn more about claims for road traffic accidents, visit our website.
Injured by a road traffic accident caused by an animal? If so, view this webpage to see if you can claim.
If you’ve suffered an accident caused by a foreign driver, view here to see how you can claim.
Have you been injured in a rear end shunt accident? Our guide offers more information on how to claim compensation and who could be liable.
FAQs About Claiming For An Accident On A Moped
Please read below for answers to FAQs about a moped accident.
Can motorcycles and mopeds undertake?
Undertaking is acceptable if the vehicle in front is signalling to turn right and there is enough room to manoeuvre safely.
What is the most common injury in a motorcycle accident?
Common injuries include head, shoulder and arm injuries.
How long could it take to get compensation?
Most road traffic accident cases involve dealing with insurance companies. If the other party does accept liability, you would agree to the settlement amount and when you could receive it. This can take weeks or months, depending on the case.
Will I have to take my claim to court?
The vast majority of cases don’t end up going to court. Therefore, usually, insurance companies analyse the evidence to see who is liable for the accident and come to an agreement.
For more information about claiming for an accident on a moped, call us or visit our website.
Written by MOD
Edited by RV