By Danielle Graves. Last Updated 12th December 2023. If you’ve been injured in a motorbike accident, you may be interested to learn about how motorcycle accident claim amounts are valued. In this guide, we will give insight into the factors that could impact how much a claim is worth.
We explore the duty of care road users owe each other as well as the duty of care local authorities have with regard to road maintenance. This guide will also include examples of how this could be breached, causing an accident that results in injuries.
A Guide To Motorcycle Accident Claim Amounts
Due to the variables involved in personal injury claims, it is impossible to provide you with an average settlement amount or give you an idea of how much you could be owed without being aware of your individual circumstances. We do, however, take a closer look at how settlements are valued and consider the different heads of claim that could be paid in a successful case.
To conclude this claims guide for a motorbike accident, we look at No Win No Fee arrangements. A No Win No Fee solicitor could help you with the claiming process; we look at what this means and the benefits that this can offer.
You can discuss the process of how a motorbike accident claim is valued, as well as how much your potential claim could be worth, if you get in touch with our team today. To speak to us:
- Call 0161 696 9685
- Contact us online
- Use the live chat feature
Select A Section
- Motorcycle Accident Claim Amounts
- When Are You Able To Make A Motorcycle Accident Compensation Claim?
- How Could A Motorcycle Accident Occur?
- Evidence That Could Help In Motorcycle Accident Claims
- Get Help From A No Win No Fee Solicitor
- Guides Related To Motorcycle Accident Claim Amounts
Motorcycle Accident Claim Amounts
To make motorbike accident claims, you must have been injured as a result of another road user’s breach of duty of care. You could claim for physical injuries, such as a broken pelvis, or mental injuries, such as post-traumatic stress disorder (PTSD).
You may be wondering, “How much compensation could you receive when you make a motorcycle accident claim?”
Your settlement in the event of a successful claim could be made up of two “heads”. These are called special and general damages. The first of these that we will look at, general damages, compensate you for the pain, suffering and amenity loss that your injuries have caused you.
Motorcycle accidents can be incredibly dangerous and lead to life-changing or permanent health issues. Due to this, how much compensation you could receive from motorbike accident claims can vary based on aspects such as:
- The extent of the injury
- Whether you have suffered multiple injuries
- Your treatment plan and whether any of the injuries are permanent
- The impact the injuries have on your everyday life.
The table below contains excerpts from the Judicial College Guidelines (JCG), in particular the most recent edition updated in April 2022. Legal professionals, such as personal injury lawyers, use this document to help assign value to your compensation claim. It contains listings of injuries alongside guideline compensation brackets. It cannot provide an exact representation of the amount you will receive but can give you an idea of the tools that are used to value claims. Additionally, we’ve included the top row which shows how compensation could be awarded when claiming for multiple injuries plus incurred expenses.
| Injury | Severity | Potential Compensation | Notes |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Up to £1,000,000+ | Settlements could include compensation for the pain and suffering caused by more than one serious injury plus expenses, such as lost wages and home help and care. |
| Brain and head injury (a) | Very Severe | £282,010 to £403,990 | The injured party required full time nursing to cope with symptoms related to the injury, including a lack of meaningful response to their environment, double incontinence and a lack of language function. |
| Back injuries (a) | Severe (i) | £91,090 to £160,980 | Nerve root and spinal cord damage resulting in very serious consequences, severe pain and disability, such as incomplete paralysis with bladder, bowel and sexual impairments. |
| Severe leg injuries (b) | Most serious injuries without amputating (i) | £96,250 to £135,920 | Very severe injuries that are awarded at similar levels to leg amputation, such as extensive degloving or fractures that haven't united. |
| Neck injuries (a) | Severe (ii) | £65,740 to £130,930 | Disability from considerably severe injuries, such as substantial movement losses or functioning loss in limbs from brachial plexus damage. |
| Chest injuries (b) | Permanent damage | £65,740 to £100,670 | Traumatic injury resulting in permanent damage and impaired function to chest, lungs and/or heart with life expectancy reductions. |
| Bowel injuries (d) | Severe | £44,590 to £69,730 | Severe injury to the abdomen that impairs function and requires a colostomy bag. |
| Other arm injuries (b) | Permanent and substantial disablement | £39,170 to £59,860 | Functional or cosmetic permanent residual disability from serious forearm fractures in one or both arms. |
| Wrist (a) | Total loss of function | £47,620 to £59,860 | Where the joint is completely non-functional, for example, because of an arthrodesis. |
| Pelvis and hips injuries (b) | Moderate (i) | £26,590 to £39,170 | Major permanent disability is not seen from a significant injury. There is little future risk of developing a permanent disability from pelvis or hip injury. |
Whilst you could use a motorbike accident claim calculator to estimate what you could receive, our advisors will be able to give you a more accurate representation of your potential compensation. You can contact them using the details above.
How Do You Claim Compensation For Special Damages?
The second potential head of claim is called special damages. This head of claim compensates for any financial losses and costs you’ve incurred as a result of the accident in which you were injured.
This could include:
- Loss of earnings demonstrated through payslips
- The cost of care that you have had to pay out of pocket for
- The cost of travelling to or from medical appointments that you would not have had to attend otherwise
Contact our advisors today for free advice. They could provide you with more information on compensation examples and provide you with an estimate for your case. If your case is valid, you could be connected with a No Win No Fee solicitor.
When Are You Able To Make A Motorcycle Accident Compensation Claim?
Under the Road Traffic Act 1988, road users have a duty of care towards one another. Furthermore, the Highway Code sets out the ways that road users should act. Some rules in the Highway Code are legal requirements that are backed up elsewhere in legislation, whereas others are guidance.
To make a personal injury claim, you must be able to prove you were owed a duty of care and that a breach of this caused you to be injured. According to Rule 204 of the Highway Code, motorcyclists are considered a vulnerable category of road users because they do not have the protection of a vehicle. This means that road users with the capacity to cause greater harm have the greatest responsibility to manage the danger they pose to others. However, this does not negate the fact that motorcyclists also owe a duty of care on the road.
In some cases, you may be able to claim if you were partly at fault for the accident happening; this is known as a split liability claim.
For example, this could occur if an accident happens because one road user pulls out of a side road without checking, and a vehicle travelling down the main road is speeding. If you make a successful split liability claim, then the amount you receive will be reduced according to the portion of blame you hold.
Motorcycle accident compensation examples may not be useful to you as a claim assessment if you were injured in a road traffic accident, because of the wide range of factors that can impact accident claims. Speak with a member of our team today for a no-obligation valuation of your claim.
How Could A Motorcycle Accident Occur?
Below are some examples of how road user negligence could cause a motorcycle accident in which you’re injured. These examples can give you a better idea of the types of accidents that could lead to motorcycle accident claims.
- A driver fails to leave the right stopping distance between them and a motorcycle in front. This causes them to collide with the vehicle ahead.
- Someone on a motorcycle is travelling above the speed limit, which means that when they come to a bend in the road, they skid and travel into oncoming traffic, causing a collision.
- A motorcyclist fails to stop at a red light which means they hit a cyclist who is crossing at a toucan crossing. This causes the cyclist to sustain a serious head injury.
- A car driver fails to check the lane they are pulling into correctly. This, therefore, leads to a motorbike accident as they collide with your vehicle.
- Drivers could fail to accommodate for weather conditions. For example, a lorry could be going above the recommended speed limit when ice is on the road, causing it to collide with your motorcycle. This could lead to you making a motorbike accident claim.
Our advisors offer free advice regarding motorcycle accident compensation claims. To see if they can answer your questions and potentially connect you with motorbike accident solicitors who could work your case, please contact us for free using the details above.
What Injuries Can You Make Motorcycle Accident Claims For?
Any injury you have suffered, whether physical or psychological, could lead to you making a compensation claim. Many different types of injuries have led to successful motorcycle accident claims. Examples of injuries you may have sustained include:
- Back or spinal injuries
- Head or brain injuries
- Serious fractures or dislocations
- Internal organ damage
- Psychological damage, such as Post-Traumatic Stress Disorder (PTSD)
These are only a few examples of injuries that could lead to you claiming motorbike injury compensation. Our advisors are available 24/7 and you can contact them for free advice. Contact them today to see if you’re able to claim for a serious motorcycle accident injury.
Can you make a motorcycle accident claim?
Who Pays When You Claim Compensation For Motorbike Accidents?
You may be wondering, “Who pays motorcycle accident compensation in a successful claim?”
In a road traffic accident claim, you usually claim compensation through the other’s driver insurance company if they are deemed liable for the accident happening. This is one of the reasons that car and motorcycle drivers have to have insurance – so that damages can be paid for if they are deemed at fault for an accident.
If you are injured due to the poor condition of the road, you may be able to make a motorbike accident compensation claim against the third party who is responsible for road maintenance. Depending on where the accident occurs, this could be the local council or the National Highways, if you suffer a motorcycle accident injury on the motorway.
Furthermore, if you suffer an injury from an uninsured driver, you can claim compensation through the Motor Insurers’ Bureau (MIB). You would also claim with them if you suffered an injury from a hit-and-run accident in which the other driver didn’t stop to exchange details after it.
To see if you can make a No Win No Fee motorbike accident claim, contact us for free using the above details.
Evidence That Could Help In Motorcycle Accident Claims
Proof is an important aspect of a claim. Successful motorcycle accident claims revolve around proving that driver negligence caused the relevant injuries. Evidence that could help you after a motorbike accident includes, for example:
- Medical records, which could include records of X-rays or treatment that you have needed for your injuries.
- CCTV or dashcam footage showing the accident taking place
- The contact details of witnesses who are willing to provide a statement
- A copy of the police report (if applicable)
If you would like guidance on the process of collecting evidence, speak with our team today. They could provide free advice to answer any questions you have and put you through to a solicitor who could help you make a No Win No Fee claim.
How Long Do I Have To Claim For A Motorcycle Accident?
It is vital that you start your motorbike accident claim within the time limits for a personal injury claim. The Limitation Act 1980 sets this as generally three years from the date of the accident.
However, in certain circumstances, an exception may be applied. In these cases, a litigation friend may be appointed by the court to handle the claims process on behalf of the injured party. These include:
- Those under the age of 18 at the time of the accident cannot make their own motorcycle injury claim. For these parties, the time limit is paused until they turn 18. This gives them three years from their 18th birthday to bring forward a claim if a litigation friend has not already acted for them.
- Those without the mental capacity to handle civil proceedings themselves have the limitation period suspended for as long as they are without this capacity. Should they regain this capacity, and a claim was not filed for them already, they will have three years from the date of this recovery to begin legal action.
Our advisory team can answer any questions you have about time limits for accident claims. They can also evaluate your claim and check if you are still within the time limit.
Get Help From A No Win No Fee Solicitor
A personal injury solicitor could help you through the claims process with expert advice and guidance. You could work with a No Win No Fee personal injury solicitor under a Conditional Fee Agreement (CFA).
Solicitors working under this form of arrangement do not charge an upfront solicitors’ fee. A success fee is taken from the awards of successful claims instead. This is made up of a legally-limited percentage of your settlement. If your claim isn’t successful, you won’t have to pay this success fee.
Contact our advisors to learn more about how motorcycle accident compensation amounts are valued, and whether you could have a successful claim. They can also answer any questions you might have about how to claim against an insurance company after a motorbike accident.
They’re available 24 hours per day, 7 days per week. If you have a valid claim, you could be passed onto our panel of personal injury solicitors.
To speak to us:
- Call 0161 696 9685
- Contact us online
- Use the live chat feature
Guides Related To Motorcycle Accident Claim Amounts
Further road traffic accident guides from our site can be found below:
- Hit and Run Compensation Claims
- Passenger Injury Claims
- Cycle Accident Claims
- Fatal Motorbike Accident Claims Guide
The following links might be helpful when looking to claim for a motorbike accident:
We hope that this guide on potential motorcycle accident claim amounts has been helpful. If you have any further questions, please don’t hesitate to get in touch.
Written by DB
Edited by FS