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Need help with motorcycle accident claims? If you are looking for guidance on seeking compensation after a road traffic accident, this guide provides detailed free information on the claims process and its key aspects.
Key Takeaways
- Between 2004 and 2023, motorcycle accident fatalities were down 46% and serious injuries decreased by 36% (according to government statistics)
- According to those same statistics, there were 16,978 motorcycle casualties reported in 2023, including 5,481 in the most serious category.
- For fatal and serious accidents, the most common contributory factor was riders or drivers failing to look properly.
- Due to their relative lack of protection, motorcycle riders are vulnerable to multiple injuries, including head trauma, fractures, and dislocations.
- A solicitor from our panel could handle the claim alongside you and offer their services via a type of No Win No Fee contract.
Read on to learn more about motorcycle accident compensation claims, or alternatively:
- Call to discuss this in more detail on 0333 000 0729
- Speak to one of our advisors and contact us here.
- Alternatively, as a question in the live discussion below.
Frequently Asked Questions
- What Kinds Of Motorcycle Accident Claims Can Be Made?
- Can I Make Claim For Motorcycle Accident Compensation?
- How Much Compensation Can Be Awarded For Motorbike Accident Claims?
- Why Should I Make A Motorcycle Injury Claim?
- How Long Do I Have To Claim Motorbike Injury Compensation?
- What Do I Need To Prove A Motorbike Accident Compensation Claim?
- The Common Types Of Negligence In Motorbike Injury Claims
- No Win No Fee Motorcycle Accident Injury Claims
- How Legal Helpline Can Support My Motorcycle Injury Compensation Claim
- Learn More
What Kinds Of Motorcycle Accident Claims Can Be Made?
Many kinds of motorcycle accident claims can be made, and we explore some of them in the following subheadings:
Collisions With Third-Party Drivers
Collisions with other drivers can be a common cause of injury. Here is an example:
- A driver was distracted and not looking ahead at the road. Because of this lapse of concentration, they rear-ended a motorcyclist at a junction and caused the rider a whiplash injury.
Accidents Involving Uninsured Drivers
For accidents involving uninsured drivers, claims may need to be made via the Motor Insurers’ Bureau (MIB). This organisation is funded by insurance premiums and compensates individuals who are otherwise unable to claim against specific parties who are either uninsured or untraceable. For example:
- A stolen car hit a motorcyclist while speeding through a red light and caused them severe spinal damage. As it was uninsured, the rider claimed via the MIB for their injuries and losses.
Passenger Or Pillion Injury Claims
A motorcycle rider has a duty of care to the passengers they are carrying. Therefore, a compensation claim could apply in the following scenario:
- A delivery rider was carrying a colleague back to their depot and was driving recklessly. At a junction, the rider accelerated in such a fashion that their actions threw the passenger from the bike, leaving them with fractures and a head injury.
Claims Due To Poor Road Surface
Local authorities have a responsibility to maintain road surfaces and ensure that any debris is removed from the roads and streets. Councils have a responsibility Occupiers’ Liability Act 1957 outlines their duty of care to attend to issues like this within a reasonable time frame.
- Despite prior knowledge that a stretch of tarmac on a busy road was badly damaged, the local authority failed to repair the potholes. Because of this, a motorcycle rider hit a pothole and was thrown from their bike, sustaining significant soft tissue injuries as a result.
Your example may differ. Call our advisors to discuss motorcycle accident claims against the council or others in greater detail.
Can I Make A Claim For Motorcycle Accident Compensation?
Yes, you can make a claim for motorcycle accident compensation if you can demonstrate that:
- A duty of care was in place when you were harmed. (This is automatic for all road users in the UK.)
- Another road user did not meet their duty of care.
- As a consequence, you suffered an injury.
A duty of care is the obligation that a party has to protect the safety and well-being of others in certain situations. For road users, that duty involves acting in a manner that avoids harm or damage to themselves or others. To fully comply with their obligations to each other, all road users must follow the Road Traffic Act 1988 and the Highway Code.
Claiming On Behalf Of A Loved One
When claiming on behalf of a loved one, you will need to act as a litigation friend. This role applies in cases where someone is either too young (under 18) or mentally incapacitated to claim on their own. Litigation friends must carry out the essential tasks of the claim, such as attending court (if necessary) and communicating with a solicitor.
Fatal Motorcycle Accidents
Unfortunately, motorcycle accidents can sometimes be fatal. Per the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), the deceased’s estate is the only party that can bring a claim for the physical pain, emotional suffering and financial harm a loved one experienced before death. This is for the initial 6-month period after someone’s passing. They can also make a claim on behalf of the dependents.
If a claim is not put forward by the deceased’s estate within the first 6 months following the death, as set by the Fatal Accidents Act 1976 (FAA), certain relatives can bring a claim based on the impact the death has had on them.
Other compensation may apply in a fatal accident claim, such as:
- Funeral costs.
- Loss of help around the home.
- Any income relied upon.
- Loss of consortium (this considers the unquantifiable impact of a loved one’s passing, such as the loss of companionship).
Additionally, under the FAA, certain relatives may be eligible for a bereavement award of £15,120, which is divided among all those who apply. For further clarification on fatal motorcycle accident claims, please contact our advisors at the number above.
How Much Compensation Can Be Awarded For Motorbike Accident Claims?
The amount of compensation that can be awarded for motorbike accident claims is dependent on 2 categories of loss: general and special damages. The first applies a value for physical pain, psychological harm, and any long-term disability or impact on quality of life. If that has a financial impact, then special damages may be awarded to a claimant.
Those involved in calculating general damages begin by examining medical evidence and comparing it with the Judicial College Guidelines (JCG). This document outlines compensation guidelines for injuries based on their severity. However, these guidelines are purely suggested, and the following table should not be seen as a guarantee that you will receive compensation. The table below includes a number of JCG brackets (except for the first entry):
Compensation Guidelines
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| More than 1 very severe injury and special damages | Very severe | Up to £1 million plus | Cases of very severe multiple injuries and special damages, such as lost income and medical expenses. |
| Head | Very Severe | £344,150 up to £493,000 | At top of bracket, claimant will be left with little (or no) language abilities and will need constant care. |
| Less Severe | £18,700 up to £52,550 | Factors considered in bracket include how severe and extensive the initial injury was, and the degree of any ongoing (possibly permanent) disability. | |
| Leg | Severe (ii) very serious | £66,920 up to £109,290 | Cases include injuries that result in permanent mobility problems. |
| Knee | Severe (ii) | £63,610 up to £85,100 | Fractures that continue in to the knee causing constant pain. |
| Back | Severe (iii) | £47,320 up to £85,100 | Disc lesions, fractures and soft tissue damage leading to chronic conditions. |
| Wrist | Lost function (a) | £58,110 up to £73,050 | Loss of wrist function will be complete. |
| Neck | Severe (iii) | £55,500 up to £68,330 | Includes fractures, dislocations or soft tissue injuries. |
| Ankle | Severe | £38,210 up to £61,090 | Cases that require an extended period of treatment and/or prolonged time in plaster (or where plates and pins have been inserted). |
| Foot | Moderate | £16,770 up to £30,500 | Displaced metatarsal fractures causing permanent deformity and ongoing symptoms. |
For a more precise discussion of compensation, please contact us first and see if you are eligible to make a claim.
Why Should I Make A Motorcycle Injury Claim?
You should make a motorcycle injury claim to not only support your recovery, but also help you recoup the losses you’ve suffered. Under special damages, you can claim the losses or expenses incurred by the accident and injury. You can include this as part of your claim if you have the required evidence, such as:
Loss Of Earnings
After a motorcycle accident, you may well need time away from work. Perhaps you are unable to return to work at all. Using payslips, bank statements and HMRC documents, a solicitor can calculate both lost earnings and predicted losses in income and include them in your claim.
Cost Of Care
The receipts for any professional care can be used. Also, the time spent by family and friends who looked after you can be quantified and included in the claim.
Medical Expenses
You may require medical treatment that is not readily available on the NHS. The receipts of private medical treatments after the accident can also be factored in as part of the overall compensation owed to you.
Rehabilitation And Recovery
A solicitor from our panel can help connect you to the healthcare that best suits your needs to aid your recovery. You may need physiotherapy or counselling for far into the future. A solicitor from our panel can help quantify and include these costs under special damages.
Travel Expenses
Retain all taxi or public transport tickets and proof of essential travel. Parking and petrol receipts can also be used as evidence of related expenses.
Home Adaptations
In addition to these costs, you might need to make changes in your home or vehicle to adapt to a permanent disability after the injury. The costs of renovations (such as installing a stair lift) might be included with the right documented proof.
Can I Apply For Interim Payments As Part Of A Motorcycle Injury Claim?
You can apply for interim payments as part of a motorcycle injury claim, so long as the defendant admits their liability or you seem likely to win compensation. Interim payments are paid out before a case settles and can help address immediate financial needs, such as emergency medical care or urgent household expenses.
Special damages can form a significant part of the overall compensation in motorcycle accident claims. To ensure you are claiming everything owed to you, please speak with our advisory team today.
How Long Do I Have To Claim Motorbike Injury Compensation?
Under the Limitation Act 1980, you have a period of 3 years in which to claim motorbike injury compensation. This begins from the accident date and refers to when a claim should be started rather than when it needs to be settled.
Time limits vary for minors and adults who have a mental incapacity. As we’ve discussed, neither group can claim independently, meaning:
- Time limits for minors don’t start until they become 18.
- The time limit is frozen for those lacking mental capacity. If there is a recovery, then the 3-year limit will start from the point that capacity returns.
As we saw above, a litigation friend can step in for these two groups and initiate a claim immediately, but only during the time limit pause.
Call if you’d like further guidance.
What Do I Need To Prove A Motorbike Accident Compensation Claim?
You will need evidence like medical records and CCTV footage to prove your motorbike accident compensation claim. This evidence can be used to establish how another party breached their duty of care and caused your injuries. For instance:
- X-ray scans and GP notes detailing your injuries.
- Photos and CCTV footage. For instance, take photographs of a pothole if it caused your motorbike accident. You’ll need to use a ruler or other tool to illustrate its dimensions.
- Eyewitness contact details, which can be passed on to your solicitor for them to collect supportive statements.
- Name, registration and contact details of any other road users involved.
A skilled personal injury solicitor knows how to use evidence like this to evaluate a compensation claim properly. Call to learn more about special damages.
The Common Types Of Negligence In Motorbike Injury Claims
We now look at some common types of negligence that can give rise to motorcycle injury claims:
- Speeding above the limit.
- Reckless driving (especially in poor weather conditions).
- Driving while under the influence of alcohol or drugs.
- Failing to concentrate on the road (for example, being distracted by a mobile phone).
- Unrepaired potholes or debris left in the streets.
- Driving with a defective vehicle.
- Car door collisions.
If you can prove that your injuries were the result of any of these breaches in duty of care, speak to us for more information on making motorcycle accident claims for compensation.
No Win No Fee Motorcycle Accident Injury Claims
Our panel of solicitors have taken on No Win No Fee motorcycle accident injury claims across the country. They offer their nationwide services via a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). Working alongside you in this way means that no solicitor’s fees apply to start the claim, nor as it moves forward. If it doesn’t succeed, then these fees will not be applicable for completed services.
If your claim wins, then you’ll pay for your solicitor’s services via a success fee. This comes out of your compensation, and the maximum percentage that can be taken is capped by The Conditional Fee Agreements Order 2013. Working this way ensures that the person claiming will benefit the most from the compensation.
Why not take a moment to find out if a solicitor from our panel can assist you in this way? Begin by discussing your claim options with our advisors using the contact information provided below.
How Legal Helpline Can Support My Motorcycle Injury Compensation Claim
Our panel of solicitors provide a wide range of excellent support services to help you seek compensation after a motorcycle accident. If they can help with your claim, you could take advantage of these benefits:
- Expert support through the entire claims process.
- A thorough and precise assessment of the value of your compensation claim.
- Help to gather essential evidence and piece it together to strengthen your case.
- Straightforward explanations for any terms and documentation you’re unsure about.
- Access to a range of specialist rehabilitative services.
Contact Our Advisors
If you would like to discover whether you could qualify to start a motorcycle accident claim this way, start by speaking to our advisory team using the contact options below.
- Call to discuss this in more detail on 0333 000 0729
- Or speak to one of our advisors and contact us here.
- Alternatively, as a question in the live discussion below.
Learn More
In addition to the information here about motorcycle accident claims, these other resources can help:
- This guide looks at road traffic accident claims.
- Here is information on fatal road traffic accident claims.
- Also, you can read about merging traffic accidents.
External resources to help:
In conclusion, thank you for reading our guide on motorcycle accident claims. If advisors can assist in any other way, please don’t hesitate to reach out.
