How To Make A Motorcycle Accident Claim
This guide will look to provide you with the information you need to make a motorcycle accident claim.
Motorcycle accident claim guide
As outlined in Road Traffic Act 1988 (RTA) road users owe one another a duty of care. As such, they must ensure they are navigating the roads in a way that reduces the risk of others and themselves from experiencing harm. Additionally, The Highway Code provides guidance on the different responsibilities each road user has. It also contains rules which are backed elsewhere in law.
Failure to uphold their duty of care may constitute negligence, if you are injured as a result of the breach. In these instances, you might be able to make a personal injury claim. We will discuss the criteria for doing so in more detail throughout this guide.
You might also have questions, such as, “how are motorbike accident claims made?” or “can I claim via a No Win No Fee agreement?” which we will seek to answer in this guide. We will also explore how motorbike accidents can occur and the impact they can have on you.
Additionally, the compensation you could be owed if your case is won will be examined alongside the benefits of hiring a personal injury solicitor to help you with your claim.
You can speak with an advisor from our team if you would like further information. They are available 24 hours a day, 7 days a week, to offer you free legal advice. To get in touch:
- Call us on 0800 073 8804
- Claim online via our website
- Speak with a member of our team using the live chat.
Select A Section
- An Overview Of Motorcycle Accident Claims
- What Injuries Could I Claim For?
- Who Do I Make A Motorcycle Accident Claim Against?
- How Severe Are Motorcycle Accident Injuries?
- What Can You Claim In A Motorcycle Accident?
- Start Your Motorcycle Accident Claim
An Overview Of Motorcycle Accident Claims
A motorbike accident is when the vehicle collides with a person, an object, or another type of vehicle, resulting in injury or damage. It must be remembered that to be eligible to make a motorcycle accident claim, the incident needs to have been caused due to the negligence of another road user.
For example:
- Another driver fails to carry out the necessary checks when pulling out at a junction. Consequently, they crash into you causing you to fall off your bike and sustain an arm injury.
- You are at a standstill in traffic when another driver, who is speeding, fails to notice the queue and hits you. Subsequently, you fall off your motorbike and sustain a head injury.
- Another driver is on their phone when operating their vehicle and swerves into your lane due to a lack of concentration. As a result, they hit you, and you fall off, suffering a severe neck injury.
You can find out whether you are entitled to make a motorcycle accident claim by getting in contact with an advisor from our team.
What Injuries Could I Claim For?
There are a variety of injuries you could suffer if you are involved in a road traffic accident claim. The injuries you could sustain may include:
- Breaks and fractures
- Sprains and strains
- Brain and head injuries
- Nerve damage
- Dislocations
- Tendon or ligament injuries
- Scrapes, cuts and similar wounds
If you have suffered any of the injuries provided above due to another road user breaching their duty of care, you could be eligible to seek compensation for a personal injury. Contact our advisors to find out more.
Who Do I Make A Motorcycle Accident Claim Against?
As previously stated, there are certain requirements that you must meet to make a successful personal injury claim.
You must be able to prove that you were owed a duty of care. Additionally, you must show that this duty of care was breached and you suffered physical or mental harm as a result. If this is the case, you would claim against the at fault road user. This could be the driver of a car or another vehicle. However, you don’t claim directly against the individual, you would claim against their insurance.
If you are eligible to seek compensation, you must begin your claim within the allotted time limit. As established by the Limitation Act 1980, you generally have 3 years to start the claims process. This can be from:
- The date of the accident
- The date you connected your injuries to negligence.
There are some exceptions to this time limitation. This could be relevant if the injured party is under the age of 18 when the incident occurred. Alternatively, the injured person might lack the mental capacity to claim themselves. In this case, the time limit is frozen and they can have a suitable adult apply to act as a litigation friend claim on their behalf.
For more details on the motorcycle accident claim process, please get in touch with a member of our team.
How Severe Are Motorcycle Accident Injuries?
Motorcyclists are considered to be one of the more vulnerable road users due to them not having a protective outer shell on their vehicles. This is as per Rule 204 in the Highway Code.
Depending on the severity of the accident they are involved in, the injuries a motorcyclist can sustain could range from minor to fatal.
As per the government’s Reported road casualties Great Britain: Injury severity within injury-based reporting systems for the year 2021, we can gain an insight into the severity of injuries sustained by different road users.
The statistics show that:
- 1.4% of all casualties in 2021 were killed.
- 0.9% sustained very serious broken neck or back injuries.
- 0.2% sustained a moderately serious deep penetrating wound.
- 1.5% sustained deep cuts or lacerations that were less serious.
- 13% sustained slight bruising.
If you have suffered any of the injuries above due to the negligence of another road user, contact a member of our team to find out how much you could be owed.
Motorcycle Accident Injury Statistics
The Department for Transport has provided Facts on Motorcyclist Casualties.
According to their statistics, 21,277 motorcyclists were reported to be killed or seriously injured between 1979 and 2013.
Moreover, on average per week. 6 people died and there were 94 serious injuries. 94% of casualties were men, and 6% were women.
The accidents where these accidents took place were:
- Rural roads
- Urban roads
- Motorways
What Can You Claim In A Motorcycle Accident?
If your motorcycle accident claim is successful, the payout you could be eligible for may comprise two types of damages.
You could receive general damages for any physical or emotional pain and suffering sustained as a result of the injury. For instance, you could be compensated if you suffer a disabling back injury and if this also results in you sustaining an impact on your mental well being due to the severity of the injury, you could also be compensated for the emotional harm as well.
Here is a table of compensation amounts that have been taken from the Judicial College Guidelines (JCG), a document that is used by legal professionals to help them value general damages.
These figures should only be taken as a guideline because each personal injury claim is different.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Head | Very severe | £282,010 to £403,990 | The compensation for this injury will be based on aspects, such as life expectancy, sensory impairment and the extent of physical limitations. |
| Leg | Amputation | £240,790 to £282,010 | The amputation of both legs. |
| Leg | Amputation | £104,830 to £137,470 | Above the knee amputation of a singular leg. |
| Back | Severe (i) | £91,090 to £160,980 | The most severe of injuries that includes damage to the spinal cord and nerve roots that result in a series of severe consequences not often found in back injury cases. |
| Back | Severe (ii) | £74,160 to £88,430 | An injury that has special features, for example impaired function, loss of sensation. |
| Neck | Severe (i) | In the region of £148,330 |
Associated with incomplete paraplegia. |
| Neck | Severe (ii) | £65,740 to £130,930 |
Injuries that involves a severe fracture or harm to discs in the cervical spine causing disabilities. |
| Arm | Amputation | Not less than £137,160 | Where one arm is completely lost via amputation. |
| Foot | Amputation | £83,960 to £109,650 | The amputation of one foot which includes the loss of the ankle joint. |
| Knee | Severe (i) | £69,730 to £96,210 | A serious knee injury that leads to symptoms, such as considerable pain and a loss of function. |
You might also receive special damages. This head of claim seeks to reimburse you for any monetary losses incurred because of your injuries.
For instance, if you suffer a broken leg injury, you may be unable to drive until a full recovery is made. Any travel costs that are incurred could be reimbursed under special damages. This head of claim could also compensate you for:
- Home adaptations
- Loss of earnings
- Medical expenses
- Care costs
It could be helpful to keep evidence of any financial losses sustained due to the road traffic accident. This can be done via receipts, invoices or bank statements.
Our advisors can provide you with more information in regard to the compensation you could be owed if you get in touch.
Start Your Motorcycle Accident Claim
You may find it useful to be represented by a No Win No Fee solicitor when making a motorcycle accident claim. Not only can they use their experience to cover all bases of your claim, but there are also many financial benefits.
For example, if you are offered a Conditional Fee Agreement (CFA), there are typically no fees to be paid for your solicitors services upfront or while your claim is ongoing. Furthermore, if your road traffic accident claim is lost, you will generally not have to pay for the services your solicitor provides.
Whereas if your case is won, a capped by law success fee will be deducted from your compensation and paid to your personal injury solicitor.
If you would like a free consultation to find out whether you qualify to be represented by one of our solicitors on this basis, you can get in touch by:
- Calling us on 0800 073 8804
- Filling out our claim online form via our website
- Speaking with a member of our team using the live chat
Additional Resources On Road Traffic Accident Claims
Here we have included some of our own guides that may be beneficial when looking to make a road traffic accident claim:
- Merging traffic accident compensation claims
- Serious road accident compensation
- E-scooter accident and injury claims
Moreover, we have provided you with additional reading that could help you:
- NHS – First Aid
- Motor Insurers’ Bureau – Making a claim
- Think! – Education Resources
Thank you for reading this guide on how to make a motorcycle accident claim. If you have any other questions, please get in touch using the details provided below.
Written by Pascal
Edited by Mitchell
