Motorcycle Accident Claims | No Win No Fee
By Danielle Jordan. Last Updated 13th October 2023. This guide to motorcycle accident claims is designed to provide you with essential information on your legal rights if you’ve suffered an injury on the road.
Statistically, drivers of motorbikes are more vulnerable to serious injury if they do get knocked off their bikes. They can also be much harder to see and be affected by weather conditions than other road users.
When making a motorbike compensation claim, it may be wise to have a personal injury solicitor represent your case so that you are compensated fully.
To make a motorcycle crash claim, a third party must be at fault for the accident. This article looks to answer key questions about claiming motorcycle accident compensation. It provides advice on the claiming process. It also examines possible compensation amounts and how a No Win No Fee solicitor could benefit you.
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Select A Section
- When Could You Make A Claim For A Motorcycle Accident?
- How To Begin A Motorcycle Accident Claim For Compensation
- What Can Payouts Include In Motorbike Compensation Claims?
- What is the Time Limit for Motorcycle Accident Claims?
- Motorbike Compensation Claim Calculator
- Can I Claim On Behalf Of A Loved One After A Fatal Motorbike Accident?
- Make A Motorcycle Accident Claim With Our No Win No Fee Solicitors
If you have been involved in a motorcycle accident, you may be able to make a personal injury claim. However, for motorcycle injury claims to be valid, they must be able to meet the following criteria:
- Another road user owed you a duty of care.
- This road user breached their duty of care.
- As a result of this, you were injured. Together, this is known as negligence.
Under the Road Traffic Act 1988, road users owe each other a duty of care. Per this duty of care, they must navigate the roads in a way that avoids causing harm to themself and others. Furthermore, they must adhere to the rules set out for them in the Highway Code to promote road safety.
If another road user were to breach their duty of care, this could result in a road traffic accident, and you could suffer an injury. In this instance, you may be eligible to make a claim for compensation.
Contact our advisors today to receive free advice for your potential claim. If they think you may have a strong case, they could connect you with a motorbike accident solicitor.
What Causes Most Motorcycle Accidents?
According to statistics from the Department of Transport, the main cause of motorcycle accidents in 2021 was driver or rider error or reaction, more specifically, a driver or rider failing to look properly. The second most common cause of an accident on a motorcycle was behaviour or inexperience, with careless, reckless or hurried driving causing the most accidents.
All road users have a duty of care to behave in a way that reduces the risk of harm to others. If you sustained injuries from an accident on a motorcycle, you might be eligible to make a motorbike accident and injury claim if another road user is at fault for the accident. if you are eligible to claim and contact us, our solicitors can help you pursue your motorcycle accident compensation.
As been previously stated, it is entirely up to you whether you use a solicitor to represent your case for motorcycle accident compensation claims. If you decide that it is the best option to have a solicitor pursue your motorcycle accident claims then they may ask the following questions;
- When and where did the motorcycle accident take place?
- Who was involved in the accident? Here we will need the names and contact details of all of the people who were involved.
- Were there any witnesses to the accident? If there were, we would also take contact details for them if you have this information.
- How did the accident happen? We will ask you to describe the events leading up to the accident and those after. If you have any photos of the accident, these would be very useful to us at this stage.
- You can tell us about any injuries you sustained and also any treatment you received at the hospital.
- Are these long-term injuries? We need to find out if the injuries you sustained due to a motorcycle accident will have ongoing negative health effects that impact your life.
- Have you suffered any additional hardship as a result of your motorcycle accident? Have you had to miss work, causing you to lose income? Did you have to pay any medical costs to have your injuries treated? Did you have to pay for transport to the hospital either after the accident or as an outpatient? All of these factors will contribute to the personal injury compensation claim we can pursue on your behalf following a motorcycle accident.
Evidence to Support Your Motorcycle Injury Claim
In order to make a successful motorcycle injury claim, you must provide evidence that can highlight a duty of care has been breached and an injury has been sustained as a result. If you cannot provide supporting evidence, you may struggle to claim motorbike accident compensation.
There are various types of evidence you may consider collecting, such as:
- CCTV footage or dash cam footage of the accident.
- The contact details of any witnesses. Your solicitor can then contact them for a written statement.
- Photographs of any injuries you have sustained
- Your medical records can establish any treatment you have required for your injuries.
- A medical report from an independent medical expert can prove the extent of your injuries.
- Evidence of financial harm, such as receipts, invoices or bank statements.
Contact our advisors for free advice on gathering evidence for a motorcycle accident claim. They can also address any questions you might have about motorbike accident claims and you won’t be obligated to continue using our services afterwards.
If you make a successful motorcycle accident claim, your settlement could consist of two parts: general and special damages.
General damages compensate for the physical pain and mental suffering that has been caused by your injuries. We’ll look more at how general damages are valued later on.
Special damages compensate you for any financial losses that have been caused by your injury. You should submit evidence of your losses, such as bank statements, invoices, receipts and wage slips.
A few examples of special damages that could be recovered in a personal injury claim include:
- Medication costs, including prescriptions and over-the-counter pain relief.
- Travel expenses, such as transport costs to attend medical appointments.
- Mobility aides, such as a wheelchair or crutches.
- Housing modifications, such as the installation of a wheelchair ramp.
- Nursing care, if required to cope with your injuries.
- Loss of earnings for time spent off work recovering from your injuries.
If you have any questions about what expenses could be recovered in motorbike compensation claims, speak with an advisor from our team.
In order to be able to make a personal injury claim after suffering a motorcycle accident through no fault of your own, it must have happened no longer than 3 years ago. This is because there is a limitation period within which claimants may be eligible for compensation.
However, there are some exceptions to this time limit, which include:
- If you’re under 18, this time limit doesn’t apply to you until your 18th birthday. Alternatively, a parent or guardian could claim on your behalf by acting as a litigation friend in the meantime.
- If your loved one is unable to make a claim for themselves as a result of the accident, you could do so on their behalf. In such cases, the time limit can be frozen until they regain the ability to claim. Otherwise, the time limit begins once a litigation friend acts on their behalf to make legal proceedings.
If you’re unsure whether you’re still within the time limit to make a claim, please get in touch with us today for a free consultation. If it turns out that you’re entitled to compensation, we have a panel of personal injury lawyers on hand to handle your case right away on a No Win No Fee basis.
When working out how much motorbike accident compensation you could receive following a motorbike injury, there are a number of factors that influence the final settlement figure. This includes the severity of your injury and how it may have affected you financially. Solicitors can use medical evidence of your injury and also Judicial College Guidelines (JCG) to value motorcycle injury claim compensation.
If you were to work with a solicitor from our panel, they could arrange for a medical professional to assess your injuries. They could also make sure the medical assessment is local to you to avoid you having to travel far.
Below we have featured a table taking compensation amounts featured in the 2022 edition of the JCG. The publication features compensation ranges relating to different injuries.
However, you must remember that the figures featured below are not guarantees of what you could receive for a motorcycle accident. Furthermore, the compensation ranges only take into consideration what you might receive for general damages and not special damages. Every claim is assessed individually.
Injury Severity Compensation
Multiple Serious Injuries Multiple injuries of a serious nature as well as financial losses caused by the injuries. Up to £1,000,000+
Brain or Head Injury Very Severe - The person may be able to follow some basic commands but they will show little meaningful response to their environment and will need full-time care. £282,010 to £403,990
Brain or Head Injury Moderately Severe - The person will be seriously disabled with physical and cognitive disabilities. £219,070 to £282,010
Knee Injury Severe (ii) - A fracture in the leg that has extended into the knee joint and causes constant pain and results in limited movement. £52,120 to £69,730
Knee Injury Moderate (i) - Minor instability caused by a dislocation or torn cartilage/meniscus. £14,840 to £26,190
Hand Injury Serious - The hand's capacity will have been reduced to a 50% capacity with several finger potentially being amputated. £29,000 to £61,910
Hand Injury Less Serious - The hands function will be significantly impaired due to a severe crush injury, despite undergoing treatment. £14,450 to £29,000
Shoulder Injury Severe - This type of injury is usually associated with neck injuries and involves damage to the brachial plexus. £19,200 to £48,030
Injuries to the Elbow Less Severe - Despite the elbow's function being impaired, the person does not suffer from a significant disability and it will not require major surgery. £15,650 to £32,010
Loss of Earnings Compensation to reimburse for any lost income caused by temporary or permanent time taken off work to recover. Up to £100,000
Get in touch with our advisors today. We can take you through the process of valuing a claim. If we think your claim is legitimate, then we could even connect you with a motorbike accident solicitor to get the process started.
If your loved one died in a motorcycle crash, you may like to know who can claim on their behalf. In this section, we examine how to claim for a fatal accident.
In the six months following your loved one’s death, the Law Reform (Miscellaneous Provisions) Act 1934, allows the estate to claim for the deceased’s pain and suffering. Once six months have passed, eligible dependents can make a motorcycle accident claim under the Fatal Accidents Act 1976 for the impact of the loss. Typically, motorbike accident compensation can cover claims made under both acts.
The Fatal Accidents Act lists dependents as:
- The deceased’s current or former spouse or civil partner.
- A person who resided with the deceased as a spouse for two years before they passed away.
- The deceased’s parent or someone treated as a parent by the deceased, such as a current or former stepparent.
- A child or person treated as a child by the deceased, such as a stepchild or stepchildren from a previous marriage or civil partnerships.
In addition to this, Section 1A of the Fatal Accidents Act allows for certain family members to claim a bereavement award which is set at £15,120. It is split if more than one person claims.
Call our advisors to learn more about starting a fatal motorcycle accident claim in the UK.
Now that you know more about motorcycle accident claims and how the claims process works, you may be wondering how working with a No Win No Fee solicitor could benefit your claim. Working with a solicitor on your case can be extremely helpful, as they could help you with gathering evidence and guiding you through the claims process. One of our solicitors may be able to help you with your personal injury claim.
Furthermore, our solicitors offer their services under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement. With a CFA, you aren’t asked to pay any upfront fees to your solicitor for them to start work on your claim, nor do you pay an ongoing fee to retain their services. Likewise, if your claim does not succeed, then you will not be asked to pay a fee for their work.
Should your claim succeed, then your solicitor will take a success fee from your compensation. This fee is a small percentage of your award. However, there is a legal cap in place to help ensure that you keep the majority of what you receive.
For more information on how our solicitors could assist with motorbike accident claims, you can contact our advisors.
Contact Our Team
Our advisors are here to help. When you get in touch with our team, one of our advisors can offer you a free consultation. During this time, they can evaluate your claim, answer any questions you might have, and potentially connect you with one of our expert solicitors. To get started:
Motorcycle Accident Compensation Claims - FAQs
Below, you can find answers to questions we often get asked about claiming motorcycle accident claims.
Who is at fault in a motorcycle accident?
There is a range of parties that could be responsible for motorcycle accidents, including the motorcyclist involved.
However, if a third party is to blame for causing an accident, they could be held liable. Proving they owed you a duty of care that they failed to uphold, causing you to suffer. As a result, you could be able to claim them.
Can motorcycle accident claims be made by a passenger?
Yes, if you can establish that your injuries were caused by the negligent behaviour of another road user. This road user could even be the person in control of the motorcycle on which the passenger was riding.
The rider has a duty of care to make sure any passengers are kept as safe as reasonably possible. They can do so by taking steps such as observing the speed limit and obeying traffic lights.
Otherwise, they could be held accountable for the injuries to their passengers and have a motorcycle accident injury claim made against them.
Top tips for proving motorcycle accident claims
If someone else’s negligence has caused you to be injured in a motorbike accident, compensation being awarded to you may depend on how much evidence you are able to present to support your claim.
Here are some examples of some evidence you can gather to support motorcycle injury claims:
- CCTV footage – Along with photographs of the incident, video footage can be very useful when establishing negligence. You can request a copy if you appear in the footage. It’s advised that you do this as soon as reasonably possible.
- Witness statements – Make sure you have a way to reach any witnesses to the accident that caused your injuries. If you have their contact details, then a solicitor such as ours can assist you in gathering statements.
- Medical records – These will hold vital details pertaining to your injuries and treatment.
How much are motorbike accident claims worth?
Every personal injury claim will be valued differently. The reason for this is that each claim comes with a unique set of circumstances that can influence how much you could be awarded. All the factors of your claim need to be individually assessed before a value can be given.
Get in touch with our advisors today, and they can provide an estimate of what your claim could be worth.
What are the odds of surviving a motorcycle accident?
Motorcyclists are among the most vulnerable road user groups in Britain, with one of the highest casualty and fatality rates per mile travelled. Therefore, they’re a particularly at-risk group for severe, if not deadly, accidents.
Can you get PTSD from a motorcycle accident?
It’s not uncommon for victims of motorcycle accidents to suffer from PTSD in the wake of their incident. Symptoms can range from developing specific motorcycle-related phobias to suffering from debilitating flashbacks and anxiety, which can severely affect their quality of life. These impacts could all be compensated as part of a PTSD compensation claim.
How much compensation for a motorcycle or motorbike accident could I be awarded?
The amount you’re awarded could hinge on a number of variables. For example, it may depend on how severe your injury is. Some injuries may be minor and could heal within a matter of weeks or months.
However, it’s possible that motorcycle accident claims could be made for injuries of a more serious nature. They could take years to fully heal, or they may never fully heal at all. Certain injuries could have a lasting effect on your quality of life.
Because of this, there is no broad example of a figure we could give that would be accurate in all cases.
Below, you can find lots of useful links on motorcycle accident claims
You can also learn more about motorcycle accident claims below:
- Motorcycle Passenger Accident Claims
- How To Claim For An Accident On A Moped
- Can I Claim For A Motorcycle Accident Without Insurance?
- Fatal Motorcycle Accident Claims
- Motorcycle Accident Claims – Scotland
- Europa Group Motorcycle Insurance Claims
- Novitas Insurance Motorcycle Accident Claims
- Motorcycle Accident Claims Against Aviva Insurance
- Claims Against The AA Following A Motorcycle Accident
- Zenith Motorcycle Insurance Claims
- Carole Nash Motorcycle Claims
- MCE Motorcycle Insurance Compensation Claims
- Motorcycle Direct Insurance Claims
- Bennett’s Motorcycle Insurance Claims
- Just Motorcycle Insurance – How To Claim
- Aviva Motorcycle Accident Insurance Claims
- ERS Motorbike Insurance Claims
- AXA Motorcycle Insurance Claims
- Devitt Insurance – Motorcycle Accident Claims
We also have some other guides on road traffic accidents you may find useful:
- I had an accident at work, what are my rights?
- Brain injury claims
- Get compensation for a car accident
- How to make an accident at work claim
- What does No Win No Fee mean?
- Head injury claims
- Try our whiplash compensation calculator
- How to find No Win No Fee solicitors
- Compensation for anxiety
- How to prove a car accident was not your fault?
- Uber accident claims
- Car accident claim time limits explained
- Can a whiplash claim be refused?
- An uninsured driver hit me – How can I claim?
- How to make a hit and run claim
- What is the minimum speed for a whiplash claim?
- Neck Injury Claims
- Brain Injury Claims
- Road Traffic Accident Claims
- Compensation For Post-Traumatic Stress Disorder
- Merging Traffic Accident Compensation Claims
- Fatal Road Accident Claims
- Mud On The Road Car Accident Crash, Can I Claim Compensation?
- Scooter Accident Claims Guide
- How To Prove Fault In A Cycle Accident Injury Claim
- No Win No Fee Road Traffic Accident Claims
- Car Accident Solicitors
- How To Make A Chemical Burn At Work Compensation Claim
- Report A Road Traffic Accident
- How To Report A Car Accident
- Find out how much serious injury compensation you could receive and get more help with the personal injury claims process.