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Motorcycle Accident With No Insurance, Can I Still Claim Compensation?

How To Claim For A Motorcycle Accident Without Insurance

Many people believe that if you are involved in an accident with an uninsured motorcyclist, you will not be able to claim for any physical or psychological injuries, but this isn’t the case. Whether you are a driver who holds insurance and was in an accident involving a motorcyclist without insurance, or whether you are the one without insurance, you may still be able to claim, as explained in this guide.

Motorcycle accident without insurance

Motorcycle accident without insurance

If you are unsure of your rights in relation to claiming compensation following a motorcycle accident without insurance, speaking with a legal professional for advice on the matter would be useful in these circumstances. Legal Expert is a team of personal injury claims specialists who will be able to determine where you legally stand if you have been injured in a motorcycle accident with no insurance. We can help and advise you on the correct course of action in order to make a successful claim where possible. You can contact us on 0800 073 8804 for expert guidance.

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A Guide To Motorcycle Accident With No Insurance Competition Claims

In the majority of cases, when you are involved in a motorcycle accident, you are able to claim for damages off the insurance of the driver who was to blame. However, if the person to blame for the accident doesn’t hold any insurance, things can be more complicated. Similarly, if you are involved in an accident that wasn’t your fault, but it is you that hasn’t got any insurance, again, things are more complicated. This guide serves to provide information regarding how to make a claim for a motorcycle accident without insurance.

In the guide, we discuss whether or not you could be eligible to make a claim and the different circumstances in which a claim could be made. We also look at who the Motor Insurers Bureau is and how they can help victims in accidents involving drivers or motorcyclists without any insurance. We discuss what the law is regarding motorcycle insurance and what the consequences may be if found guilty of riding without any. We also look at the types of injuries you could sustain in a motorcycle accident and the amount of compensation you could be awarded should you file a successful claim. Lastly, we explain how a No Win No Fee claim works and the benefits of having an experienced personal injury solicitor to make your claim for you.

What Is A Motorcycle Accident With No Insurance?

A motorcycle accident with no insurance means a road traffic accident involving a person without car insurance where one party of the accident was on a motorcycle. It could also mean a road traffic accident involving a motorcycle where it’s the rider that doesn’t have any insurance.

Road traffic accidents are often the result of some form of negligence and can happen at any time whilst driving or riding on the roads. An accident may occur at a junction, on a roundabout, motorway or country lane, for example. Injuries sustained in an accident involving a motorcycle can range from minor, short-term injuries such as bruising, cuts and scrapes or mild whiplash, to injuries that are far more severe, or even fatal, such as damage to the spine or neck, or a traumatic head injury resulting in a brain injury, for example. Usually, when an accident occurs, the victim will claim off of the guilty party’s insurance, but if they have no insurance then obviously this isn’t possible.

If you are involved in an accident with a motorcyclist or driver that does not have insurance, providing it was not your fault, you should be able to make a claim through the Motor Insurers Bureau (MIB). We discuss this in more detail further on in the guide.

However, if you are injured in an accident that was not your fault, but you do not hold vehicle insurance yourself, it’s not so straightforward. Although you have a legal right to claim for compensation for any injuries, you may be at risk of prosecution for breaking the law. We touch on this further on in the guide.

Could I Claim For A Motorcycle Accident With No Insurance?

So, what happens to uninsured drivers in an accident in the UK? If you are involved in an accident that was not your fault, but hold no vehicle insurance, even if the driver at fault has got insurance, the law isn’t necessarily going to be on your side. 

Theoretically, the uninsured driver will have the same rights as anyone else without insurance who has been hit by a vehicle, such as a pedestrian for example. Usually, the victim would contact the insurers of the party at fault for compensation for any injuries they may have sustained. However, if liability isn’t obvious, the insurers of the driver at fault may contest any claim. In these cases, the police would need to be involved so that they can investigate the circumstances of the accident to determine exactly who was to blame and file a report. Without a police report, no witnesses or admission of error, it’s unlikely that the insured driver’s insurers would pay out any compensation award.

If the insured driver refuses to accept liability, the uninsured driver could take them to a small claims court, but they would have to do so at their own expense. But, as explained above, pursuing a claim against the insured driver would most likely result in the police being involved. Although the police could do their investigating to prove liability, they would also be obligated to charge the uninsured driver for illegally driving on the road. This may then result in a fine, points on their licence or even a ban on driving.

Could I Claim If I Was Not At Fault?

An uninsured driver injured in an accident that wasn’t their fault realistically can only expect a payout if the other driver admits responsibility, or there is sufficient evidence to prove they were not to blame. Once liability has either been admitted or proven and they have got the other driver’s insurance details, they can make a claim as normal as this is their legal right.

I Had Insurance But The Other Party Had No Motorcycle Insurance, Could I Claim?

If you were involved in a motorcycle accident with no insurance, you may be asking yourself “can I still claim compensation?” If you have insurance but are hit by a motorcyclist without insurance through no fault of your own, you can still make a motorcycle accident claim. However, making a claim against the uninsured rider may be difficult if they have no means to pay you any compensation, such as funds or assets. In this case, you would need to contact the Motors Insurer’s Bureau (MIB), a non-profit organisation that was put together to protect the victims in these types of cases. The MIB can compensate insured drivers for personal injury and property damage when they are involved in an accident, through no fault of their own, with an uninsured driver or rider. The MIB can also assist the victim in assessing the level of personal injury, including taking into account any future treatments or on-going injuries and rehabilitation. Motorcycle accident compensation will only be awarded, however, when it is proven that the uninsured rider was at fault.

An experienced personal injury lawyer can help you with your claim by liaising with the MIB on your behalf. If you’d like to find out more, please contact us at Legal Expert and we will be happy to help.

Could I Claim If The Rider Had No Insurance But The Bike Was Insured?

If you were involved in a motorcycle accident without insurance, where the rider wasn’t insured themselves, but the owner of the bike had insurance for the bike, you may be able to make a personal injury claim. The law in the UK states that if a motorcycle is driven by someone without insurance who causes an accident, the owner’s insurance is expected to meet any third-party compensation claims that may arise from the accident. What this means is that even if someone without insurance rides the motorcycle, causing an accident, providing the owner has a form of insurance where anyone they give permission to can ride it, then any innocent victims should be able to claim compensation from that insurer.

Claiming For A Motorcycle Accident Without Insurance Through The Motor’s Insurer’s Bureau

The Motor Insurer’s Bureau (MIB) is a non-profit organisation set up by vehicle insurers in the UK. The MIB has an agreement with the UK government to compensate innocent victims injured in road traffic accidents through no fault of their own. They can help when the driver to blame for an accident either has no insurance or is untraceable, such as in cases of a hit and run. They are also responsible for the operation of the Green Card System where UK citizens have a level of protection if involved in an accident with a foreign-registered vehicle, either in the UK or in the EU. They work in partnership with the DVLA, police and insurers.

Compensation from the MIB is paid through a percentage of all insurance premiums paid for by UK motorists. Thousands of people each year are either injured or killed by drivers or riders that do not hold insurance and therefore who are breaking the law. Holding at least the minimum level of insurance is a legal requirement when you own a vehicle. This is known as third-party insurance. It means that you are covered if you caused damage to someone else’s property, or caused a personal injury to someone whilst driving or riding your vehicle.

A motorcycle accident personal injury claim could be made through the MIB if an insured driver is hurt in an accident that was not their fault by an uninsured driver, providing liability is proven.

As an uninsured driver is breaking the law by driving or riding a motorcycle without insurance, they could face a fine of up to £300, plus up to 6 points on their licence. They could also face being banned from driving or riding depending on the circumstances.

Why Do You Have To Have Motorcycle Insurance?

Just the same as those driving a car, motorcyclists are also legally required to hold insurance if riding on the road. Insurance protects you from liability if you cause someone a personal injury or damage someone’s property with your motorcycle in a road traffic accident that was your fault. It also gives you financial protection if your motorcycle is vandalised, stolen, or destroyed by a fire.

Riding without insurance is illegal. If caught riding without insurance, as well as risking receiving a fine, points on your licence or a riding ban, your motorcycle is also at risk of being seized or destroyed by the police. If your motorcycle is going to be off the road, you must register it with the DVLA through a Statutory Off Road Notification (SORN), only then will you be exempt from insurance requirements.

As with cars, motorcycle insurance has three levels of cover. These are third-party, third-party, fire and theft, or fully comprehensive. Third-party is the minimum level of insurance legally required.

What May Be The Consequences Of Riding Without Motorcycle Insurance?

If you ride a motorcycle in the UK, you have a legal obligation to have the correct insurance in place. To ride without insurance would mean that you are breaking the law and will have consequences to face if caught doing so.

Motorcyclists who ride without insurance, if caught by the police, can be given an on-the-spot fine of up to £300 and may also be given 6 penalty points on their licence. In some circumstances, and if the case went to court, the motorcyclist could be faced with an unlimited fine, or lose their licence altogether. The police also have the power to both confiscate and destroy any vehicle on the road that doesn’t have insurance. Even if a vehicle is spotted parked on the roadside that doesn’t have insurance, the police can still issue a fine or penalty points to the owner.

In cases where the motorcycle is insured, but the person riding it isn’t, then the uninsured rider could still be penalised for riding without insurance.

Motorcycle Accident With No Insurance Compensation Calculator

Injuries from a motorcycle accident can vary in severity, with some resulting in the victim filing a personal injury claim for compensation.

What is the average payout for a motorcycle accident? The amount of compensation you could receive if a successful claim is made will depend on several different factors. Compensations claims are made up of two different groups: general damages and special damages which we will discuss in more detail further on in the guide. 

Each group of damages will vary from case to case, person to person and so it makes it very difficult to accurately predict how much you could be awarded as compensation for your injuries. However, in the table below, we have listed some of the compensation amounts that have been awarded by the courts in past cases as detailed in the latest Judicial College Guidelines.

Reason For CompensationAward AmountsComments
Moderate Brain Damage£40,410 - £205,580The level of award will depend on the severity of the injury and resultant effects on life for the claimant. The higher amount will be awarded to those with high dependency on others, severely reduced intellectual capability, personality change, effect on speech and increased epilepsy risk. The lower award for where dependency on others is considerable lower, concentration and memory affected, reduced work capability and small risk of epilepsy.
Less Severe Brain Damage£14,380 - £40,410Less severe than above, the claimant should have made a considerable recovery but may still suffer with memory and concentration problems.
Minor Brain or Head Injury£2,070 - £11,980Level of award will depend on severity of initial injury, treatment required, length of treatment and whether there are any lasting effects such as headaches etc.
Minor Neck InjuriesUp to £2,300Award amount will be decided upon level of severity. Injuries may include whiplash, soft tissue damage, disk damage. Usually full recovery in 3 months.
Severe Back Injuries£36,390 - £151,070Severe injury which may involve damage to the spinal nerves and roots, severely damaged disks and to soft tissue. Partial paraplegia possible or permanent mobility problems.
Moderate Back Injuries£11,730 - £36,390Less severe than above but on-going pain and mobility problems.
Minor Back Injuries£2,300 - £11,730Less severe than above. Some recovery may have taken place. Less severe soft tissue and disk damage. Level of award dependant on recovery, pain and any on-going effects.
Less Severe Arm Injury£18,020 - £36,770Some degree of disability experienced but a good degree of recovery should have taken place.

If you’d like to discuss your case in more detail, please contact us at Legal Expert and we will endeavour to help with your enquiries.

Special Damages Awarded To Motorcycle Accident Victims

As mentioned above in the guide, a compensation award is made up of several components that fall into two main categories, general damages and special damages. General damages reflect the physical aspect of the injury, whereas special damages represent the financial burden an injury may bring. General and special damages include:

  • General Damages:– The amount of compensation paid under general damages is for the physical and / or psychological injury the victim has suffered. The amount awarded will depend on a number of factors such as severity, type of required treatment, and length of treatment.
  • Special Damages:- designed to compensate you for out of pocket expenses linked to the injury. Some examples include:
    • Medical Costs – If the victim has incurred medical costs as a direct result of their injury, they should include these in their claim.
    • Travel Costs – Any costs for travel that the victim has had to pay due to their injury can be included in their claim.
    • Lost Income – If the victim has had to take time off of work then any lost income, or predicted future loss of income can be included.
    • Care Claim – The victim can also include any care costs if they have needed extra care due to their injury.

No Win No Fee Motorcycle Accident With No Insurance Claims

If you decide to use an experienced personal injury solicitor, it’s worth considering a solicitor that offers to pursue your claim on a No Win No Fee basis. A No Win No Fee agreement, otherwise known as a Conditional Fee Agreement (CFA), offers a level of financial support for claimants. When you sign a CFA with a solicitor, you are not required to make any payments for their professional services either before or during the claim process. If the claim is successful, the solicitor will ask for a small contribution to their legal fees. This is known as a success fee. You don’t need to worry about losing lots of your compensation as success fees are capped by law If the claim is unsuccessful, however, your solicitor will not ask you to pay any of their fees at all.

Why Choose A Specialist Solicitor From Legal Expert?

Making a personal injury claim can be a stressful and complicated process and so you may well be considering finding a solicitor to help you with your claim. At Legal Expert, our team of expert personal injury solicitors have years of experience in helping people like you successfully claim the compensation they deserve.

We offer to take all claims on under a No Win No Fee agreement as we know how expensive legal costs can be, especially when it can take several months to reach any kind of conclusion. If you decide to use us to make your claim on your behalf, you can rest assured that your claim will be given the full attention it deserves in order to secure the highest possible payment award we can for you. We work quickly and efficiently, making sure to build a strong case.

We are a very approachable and friendly team that will happily discuss your claim with you as often as you need and will keep you informed of its progress every step of the way. We will do all of the hard work for you so that you can concentrate on your recovery.

Contacting Legal Expert

If you would like to discuss the circumstances of your claim with us or would like us to make your claim on your behalf, you can contact us on 0800 073 8804.

You will be offered a free consultation session with an experienced member of our team to talk through your claim and discuss any worries or concerns you may have regarding the claiming process. We are here to help so don’t hesitate in contacting us today.

Where To Find Out More

Uninsured Driver Claims – This is another of our guides regarding claims involving uninsured drivers.

Motorcycle Passenger Accident Claims – This gives information for passengers on motorcycles that may have been injured in a road traffic accident whilst riding pillion.

Death By Dangerous Driving – If you have lost a loved one in an accident due to dangerous driving, this guide may be helpful if you are considering making a claim.

Vehicle Insurance – Some guidance regarding vehicle insurance from the Government.

Citizen’s Advice – Some useful information here from the Citizen’s Advice Bureau.

Road Traffic Act 1988 – Up to date legislation from the Government.

 

Written by Hector

Edited by Billing

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