Motorcycle accident claims
If you’ve been injured in a motorbike accident that wasn’t your fault, you may be able to claim compensation. At Express Solicitors, our expert motorcycle injury lawyers will help you to get the compensation you deserve.
Last updated on September 8th, 2021
The most important things to remember when claiming for a motorbike accident:
- You should collect as much evidence as possible at the scene
- You have three years to make a claim, subject to some exceptions
- You can claim if you were partly at fault
- You can claim against uninsured drivers
- You can claim on a no win, no fee basis.
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Who can claim for a motorbike accident?
You can make a motorbike accident claim whether you were a driver, pedestrian or passenger. If you were a cyclist harmed by somebody on a motorbike, you may also be able to make a claim.
Your claim may not always be against another road user – for example, if the road was badly maintained, you may want to claim against a local council instead.
If somebody under the age of 18 was harmed, you can claim on their behalf. This is called being a ‘litigation friend’. Alternatively, if you want to claim for yourself, you will have up to three years after your 18th birthday to make a motorbike compensation claim.
What are the average compensation amounts for a motorcycle accident claim?
There are no fixed compensation amounts for motorcycle injury claims. Our expert solicitors can handle your claim on a no win, no fee basis, and will leave no stone unturned. This means we’ll calculate your claim based on the seriousness of your injury, the psychological effects, and the long-term impacts on your life.
As a guideline, the Judicial Board has suggested the following amounts based on previous cases of physical injury:
- Injuries to the legs and feet: from £5,000 up to £200,000
- Injuries to the back and neck: from £2,000 up to £128,000
- Injuries to the head or brain: from £5,000 to £322,000.
Remember – this is based on physical injury alone, known as ‘general damages’. We’ll also process your claim based on ‘special damages’, which covers any financial losses you may have suffered, such as time off work.
How long do I have to make a motorcycle injury claim?
You generally have three years from the date of the accident to make a claim, though you should always do so as soon as possible. In some cases, you can claim for up to three years after an injury was diagnosed. For example, if you had a back injury and your doctor states it was related to your crash, you can claim for three years from this date.
There are some exceptions to this rule. If you were under 18 at the time, you can claim up to three years after your 18th birthday, or ask a ‘litigation friend’ to represent you. If you’ve suffered a head injury that makes you ‘mentally incapacitated’, there are no time limits.
If your accident happened abroad, it may be subject to different laws. We can advise you on the best action to take with your motorbike compensation claim.
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We have recovered an additional £21.2m more in compensation for clients who switched to us from their previous firm. Contact us now to discover the real value of your claim.
Common Motorbike Accident Injuries
Motorcycle injuries can vary from minor, short-term breakages to life-changing effects. This depends on the circumstances of your accident and the protective wear you had on at the time. Generally, the more serious your motorcycle injury, the bigger compensation claim you can make.
Common motorbike injuries include:
- ‘Road rash’ – a skin burn caused by coming into contact with and scraping along the road, which can be minor or serious
- Fractures of the arms, wrists or legs
- Soft tissue injuries
- Damage to internal organs
- Spinal cord injuries
- Brain injuries.
What to do after a motorbike accident
If you’ve been in a motorbike accident, you must remember to stay calm. You should not shout at or abuse other road users, nor should you apologise or admit fault – all of these can affect insurance claims.
Your first priority is to stay safe. Move out of the road and call an ambulance if you’re seriously injured. You should also call the police.
When it’s safe to do so, you should exchange insurance and contact details with any other drivers. You should also ask police about gathering evidence, such as reports or CCTV footage. The police will make sure you get home safely. When you feel ready to do so, you should contact Express Solicitors to start making your no win, no fee motorcycle accident claim.
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That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.
How to make a motorbike accident compensation claim
After you’ve made sure you are safe and have spoken to the police, you should ask any witnesses if they would be willing to make a statement. After this, you can start your motorbike compensation claim. If you’ve had to see a doctor, ask for copies of any medical notes.
When you call us, you should have as much evidence as possible – including medical notes, police reports, witness statements and CCTV footage where possible. This is why we recommend you make your accident claim as soon as possible, as the evidence will be fresh in your mind.
Once we have all the information possible, we will start your motorcycle accident claim. As the case progresses, we may also ask for any evidence of financial losses, such as time off work. This will all help us to get you the biggest financial settlement possible.
What evidence do I need for a motorbike accident claim?
We appreciate that you may not be able to gather all evidence straight away – but you should try to get witness statements as soon as possible. This will help to improve the accuracy of your claim. In addition to this, you can help your claim with:
- Photographs/CCTV footage of the vehicle, accident, and physical injuries
- Written police and medical reports
- Evidence of financial losses such as time off work, receipts for medical treatment
- A sketch of the accident type (provided by your vehicle insurer)
- Insurance details for you and any other drivers involved
- A diary of events following the accident.
We understand that this may be a traumatic time for you, so we can help you to source this evidence to keep your motorbike claim running smoothly.
What you can claim for
You can claim for both ‘general damages’, which is based on your physical injury, and ‘special damages’, which relate to any financial losses you’ve made. At Express Solicitors, we’ll assess every part of your claim to get you the biggest compensation settlement possible.
Your motorcycle accident claim will be based on the following:
- Vehicle damage and insurance excess costs
- Damage to belongings in the vehicle
- The seriousness of your injury
- Psychological trauma
- Treatment costs such as rehabilitation
- Travel costs for treatment
- Medication costs such as prescription fees
- Adaptations to your home or car
- Loss of earnings, bonuses or potential job opportunities.
Can I claim if it was my fault?
Motorbike claims are different from other personal injury claims as the responsibility may be shared. When we assess your claim, we’ll decide whether the accident was entirely your fault, entirely another road user’s fault, or a shared fault between you both.
If it’s impossible to prove you weren’t at fault – for example, if you were driving recklessly – you may struggle to make a claim. It is much easier to claim if you can prove the other driver was behaving recklessly, not wearing a seatbelt, or under the influence. In some cases, it may be both drivers’ fault. This is why it’s important to get witness statements.
You need to be honest with us and give us all the evidence you can. It may even be a third party’s fault, for example, if a local council has failed to maintain the roads. We will do everything within our power to get you the compensation you deserve – which is why many of our cases are no win, no fee.
Why Claim with Express Solicitors?
At Express Solicitors, we specialise in dealing with motorbike compensation claims just like yours, particularly those that have been turned away by other law firms. We’ve claimed millions in compensation and will go above and beyond to get you the compensation you deserve.
Whether it’s physical damage, mental trauma or loss of earnings, we’ll help you to gather evidence and get your life back on track. We may even be able to award early compensation payments to help you while you’re waiting.
Start your motorbike accident compensation claim today for honest, sensitive and expert advice from Express Solicitors.