According to statistics provided by the Department for Transport, in 2023, there were 16,978 reported injuries and casualties to motorcyclists. Road traffic accidents can be traumatic and have detrimental effects on your life, from being left unable to work to experiencing intense pain and suffering. Are you interested in how motorcycle accident claims work? Our guide aims to discuss:
- When you could be eligible to claim.
- How much compensation you could be entitled to.
- How our solicitors can help you.
Keep reading to learn more, or contact our advisors to discuss any questions you may have.
What You Need To Know
- You could claim for a motorcycle accident if it were not entirely your fault.
- You could still claim if you contributed to the negligence.
- You have 3 years to start your claim.
- One of our No Win No Fee solicitors could help you claim.
- You could be entitled to both general and special damages.
Contact Us
If you have any questions about the claims process, you can:
- Call us on 0800 073 8804.
- Fill out our contact us form.
- Use our live chat feature on our website.
Jump To A Section
- How Much Compensation Could I Receive Following A Motorcycle Accident?
- What Will Motorcycle Accident Compensation Help To Cover?
- Who Can Make Motorcycle Accident Injury Claims?
- What You Should Do After A Motorcycle Accident
- The Time Limit For Motorbike Injury Claims
- How A No Win No Fee Solicitor Can Help You
- Learn More
How Much Compensation Could I Receive Following A Motorcycle Accident?
For a severe back injury suffered in a motorcycle accident, between £11,150 to £196,450 could potentially be awarded. This figure has been taken from the Judicial College Guidelines (JCG), which is a framework that professionals can use to decide your compensation amount. Within the JCG are compensation guidelines for various injuries.
Below, you can see more JCG brackets. Please note that the top figure has not been taken from the JCG.
JCG Compensation Brackets
- £1,000,000+ – for multiple serious injuries, and special damages such as loss of earnings.
- £396,140 to £493,000 – for tetraplegia/quadriplegia, the top end of this guideline would show significant impact on senses and ability to communicate.
- £344,150 to £493,000 – for very severe brain injury, the injured person’s life expectancy and the extent of physical limitations will be considered.
- £267,340 to £344,150 – for moderately severe brain injury, serious disability and dependency on others for continuous care.
- £293,850 to £366,100 – for the loss of both arms, where the injured person has full awareness.
- £293,850 to £344,150 – for the loss of both legs, cases where both legs have been lost above the knee, or one has been lost above the knee and the other below the knee.
- £122,850 to £183,190 – for severe chest injuries, involving a total removal of one lung and prolonged pain.
- In the region of £181,020 – for severe (i) neck injuries, associated with incomplete paraplegia, where the injured person has little to no movement in their neck.
- £73,050 to £122,850 – for severe Post Traumatic Stress Disorder, where the injured person is unable to work or function as they did before the injury.
To learn more about how compensation may be awarded in motorcycle accident claims, contact one of our advisors.
What Will Motorcycle Accident Compensation Help To Cover?
Motorcycle accident compensation could help cover the pain and suffering you expereinced, as well as any subsequent financial losses.
General damages aim to compensate you for the pain and suffering you have experienced as a result of your motorcycle accident. This can also include loss of amenity, which covers things like loss of enjoyment in hobbies or an impact on quality of life.
Special damages are designed to compensate you for any financial losses you have endured due to your injury. This could include:
- Medical expenses.
- Loss of earnings.
- Travel costs.
- Wheelchairs or mobility aids.
Special damages aim to place you in the same financial position as you were in before the accident. In order to prove you suffered financial loss, you will need evidence like:
- Invoices.
- Financial documentation.
- Wageslips.
Interim Payments
An interim payment is a portion of your compensation that is paid out in advance. These are used to help you pay for any immediate costs during the claim. In order for the courts to grant you an interim payment, you must have a high chance of a successful claim.
They could be used to pay for things like:
- Medical expenses, such as rehabilitation fees.
- Immediate home adaptations, such as wheelchair ramps.
- Care expenses.
Interim payments can be applied for at any point in the claims process (if your claim is deemed to likely succeed), and the amount you receive is taken from your final payout.
Contact us today to see how we might be able to help you apply for interim payments.
Who Can Make Motorcycle Accident Injury Claims?
You can make a motorcycle accident claim if you can prove the following:
- A road user owed you a duty of care.
- This duty was breached.
- The breach led to your motorcycle accident, and you suffered an injury.
Together, this amounts to negligence.
All road users owe each other a duty of care. What this means is that they must navigate the roads to avoid causing harm to other road users.
To uphold this duty, they must comply with the Road Traffic Act 1988 and the Highway Code. If they fail to uphold this, causing your motorcycle accident, they may be held liable for your injuries.
Contact our team today, who can discuss the validity of your claim and answer any questions you might have.
How To Claim If The Liable Party Is Uninsured Or Left The Scene
If you have been involved in a motorcycle accident, and the liable party fled the scene or was uninsured, you may be able to claim compensation from the Motor Insurers’ Bureau (MIB).
The MIB offers victims an option to claim compensation in cases where they cannot claim via the insurance route.
What If You Were Partially At Fault?
If you were partially at fault for your accident, you could still be eligible to claim compensation, as the claim would become a split liability claim. What this means is that both parties are deemed to be liable for the accident.
The percentage of your liability will be deducted from your compensation. For example, if you were 40% liable, you would be awarded 60% of the total compensation had you not been liable at all.
Will Not Wearing Protective Equipment Impact A Claim?
If you were involved in a motorcycle accident and you weren’t wearing a helmet or protective equipment, you could still be eligible to claim.
Rule 83 of the Highway Code states that all motorcycle riders and passengers must wear a protective helmet. If you fail to do so, you could be seen as contributing to your injuries, and therefore may be able to make a contributory negligence claim.
The Law Reform (Contributory Negligence) Act 1945 is the legal framework that outlines how your own contribution to negligence can impact your claim.
For example, if you weren’t wearing a helmet and your accident caused severe brain injury, your level of contributory negligence would directly impact the amount of compensation you might be eligible for.
If you’re unsure if you might have contributed to your injury, contact us today to discuss this and see how our team could help.
What You Should Do After A Motorcycle Accident
Following a motorcycle accident, there are certain steps you should take. Firstly, you should seek medical attention for your injuries. Not only will this aid you in your recovery, but the medical record generated from this could be used as evidence in your claim.
Other examples of evidence that could be used in motorcycle accident claims include:
- CCTV or dashcam footage of the accident.
- Pictures of the injuries sustained, as well as the date and time of the accident.
- Photos of the vehicle damage.
- Details of any witnesses – to gather a statement from them at a later stage.
Evidence is important in motorcycle accident claims, as it helps to demonstrate how the defendant is liable for your injuries and the severity of the injuries sustained.
Our solicitors can assist you during this process, as we understand that gathering evidence can be time-consuming and difficult. Call us today to see how we could help you.
The Time Limit For Motorbike Injury Claims
The time limit for you to start a motorcycle injury claim is 3 years from the date of the accident. This is in line with the Limitation Act 1980.
However, there are exceptions to this time limit that apply to those under the age of 18 and those lacking the mental capacity to claim for themselves.
To learn about these exceptions or to ask any questions regarding the motorcycle accident claims process, you can contact our advisors.
How A No Win No Fee Solicitor Can Help You
If you choose to work with one of our No Win No Fee solicitors, they will:
- Help compile supporting evidence.
- Help you understand legal jargon and the claims process.
- Ensure your claim is started within the time limit.
- Advocate on your behalf and negotiate a settlement amount for you.
Our solicitors can help you on a No Win No Fee basis under the terms of a Conditional Fee Agreement. What this means is that you would not be expected to pay for our solicitor’s fees upfront, during your claims process or if your claim fails.
Instead, a success fee would be deducted from your compensation if your claim is successful. This fee is capped by the Conditional Fee Agreements Order 2013.
Contact Legal Expert
We hope our guide has been useful for you today. If you have any questions about motorcycle accident claims, or if you would prefer to talk with our advisors about your specific case, you can:
- Call us on 0800 073 8804.
- Fill out our contact us form.
- Use our live chat feature on our website.
Learn More
Read our guides on:
- What to do if you have had an HGV accident.
- How to start a bus accident claim.
- Our guide on pedestrian claims.
Useful External Resources:
- NHS guidance on providing first aid after an accident.
- How to obtain CCTV of yourself from Gov.UK.
- NHS advice on when to call 999.
Thank you for reading this guide on motorcycle accident claims.
