If you or a loved one have been injured in a motorbike accident that wasn’t your fault, you may be entitled to make a motorbike accident claim.
With the help of an experienced injury solicitor, you can claim on a no win no fee basis. This means there are no upfront costs and no financial risk – if your claim isn’t successful, you won’t pay a penny.
While the automobile industry undergoes continuous technological developments in the safety department, little has changed regarding motorcycles. That is scary, especially considering the high speeds motorbikes can reach.
Motorcycle riders have minimal protection while on the road. Helmets, boots, gloves and leather suits may prove insufficient lifesavers when an accident takes place. Unsurprisingly, bikers are 63 times more likely to be killed or seriously injured in an accident compared to car drivers.
Due to the limited protection, bikers are more vulnerable to traffic, road and weather conditions. Being involved in an accident on a motorcycle can be a traumatic event for the victim and their loved ones.
Most often, the culprit is another driver or poor road conditions like potholes or icy streets. When you get injured in an incident due to no fault of your own, you might want compensation for the pain and suffering you have experienced. Your best option is a motorcycle accident claim.
Motorbike accident claims are made against another party who was at fault or partially responsible for the accident. If they owed you a duty of care and you suffered an injury due to their negligence, you deserve compensation.
If you need the support of a motorbike accident solicitor, call 0800 678 1410 for a free consultation with a legal advisor. Alternatively, you can enter your details to request a call back. Within just a few minutes, you can find out if you are entitled to claim compensation.
Can I make a motorbike accident claim?
If you suffered an injury in a motorcycle accident in the last three years and were not at fault, you can claim motorbike injury compensation.
If you consider making a motorbike accident claim, you should have clear evidence that someone else may be responsible for your incident. The liable party might be a reckless driver, the local authority, or even a manufacturing company:
Another road user. The careless or dangerous behaviour of other road users like cyclists, pedestrians or drivers might have caused a distraction or crashed into you. They might be partially or entirely responsible for the accident and will have to compensate you.
Poor road conditions. Poorly maintained roads may have potholes, uneven surfaces or sinkholes. Failing to grit the streets during winter or clear up spillages on the road could make driving dangerous. If the authorities neglect their duties in maintaining road safety, they might be liable to pay you motorbike injury compensation.
Manufacturing defects. You could claim compensation against a manufacturing company if the accident was caused or aggravated by equipment malfunction such as a design defect, mechanical failure, faulty helmets or suits.
Provided that you meet the following criteria, you have a significant chance to be eligible for a motorbike injury claim:
- the accident happened in the last three years
- another party who owed you a duty of care acted negligently
- you or a loved one suffered an injury due to their negligence
How to make a motorbike accident claim?
If you suffered an injury in a motorbike accident, you might be in considerable pain and even need hospitalisation. When you are under a lot of stress, claiming compensation might not be at the forefront of your mind.
Besides physical and psychological distress, an unexpected accident might also bring a financial burden, especially if you cannot work for some time due to your injuries. A compensation claim can help support you economically so that you can focus on your recovery.
It is vital to contact a legal advisor as soon as possible after the accident, so your case can be assessed by a professional. A solicitor will be able to guide you through the legal process, help determine the liable party, and assist you in collecting evidence. They will handle most of the paperwork and make sure you get the financial support you need.
When you get in touch with a motorbike accident solicitor, they might need some evidence to support your claim, such as:
- details of other vehicles or pedestrians involved in the accident
- photos from the scene of the accident
- your medical records
- contact details of any witnesses
After the accident details are clarified, and you hand over all the evidence you could gather, the solicitor will handle all the subsequent paperwork. If you want to get started with your claim, call 0800 678 1410 or fill out our online claim form to receive a call back.
How much compensation can I get for a motorbike accident?
You might be eager to find out how much compensation you will be awarded, but unfortunately, there is no straightforward answer. A successful claim depends on the injuries sustained, the circumstances of the accident, how it affected your daily life, and many other criteria.
A motorbike accident claim consists of two types of damages: special and general.
Special damages compensate you for a quantifiable financial loss. This could include:
- medical expenses, including transportation costs
- hospitalisation and rehabilitation
- repair or replacement of damaged property
- loss of irreplaceable items
- lost earnings
The second part of the compensation claim is for general damages, covering the pain and suffering resulting from the injury or injuries you sustained. This could include:
- physical and psychological trauma
- reduced quality of life
- loss of companionship
- career difficulties
- loss of prospects and enjoyment
You can also claim compensation for the unpaid care of a family member or friend, namely for the time invested in looking after you and the loss of earnings they might have suffered as a result.
The ranges of compensation for personal injury claims are set out by the Judicial College, which is part of the Ministry of Justice. You can find a comprehensive list of personal injury compensation guidelines on the Judicial Council website. For injuries typically associated with a motorcycle accident, you could receive:
- £1,460 – £344,640 for facial injuries
- £1,880 – £344,460 for a head injury
- £36,740 – £186,890 for moderate brain injuries
- £186,890 – £242,490 for paraplegia
- £5,630 – £16,380 for fractured forearms
- £7,780 – £12,010 for a fractured femur
A motorbike accident solicitor will be able to estimate how much compensation you might receive by taking into consideration all the general and special damages you’ve incurred. If you want to get a better idea of your compensation prospects, contact a legal advisor by calling free on 0800 678 1410.
What are the most common causes of motorbike accidents?
Along with pedestrians and cyclists, motorcyclists are vulnerable road users because, unlike vehicle drivers, they lack protective features such as airbags, seat belts, and, most importantly, a protective outer body.
According to the Royal Society for the Prevention of Accidents (RoSPA), a British charity that aims to prevent life-changing road accidents, the most common causes for a motorcycle accident are:
- Failure to negotiate bends. In 2016, over 9% of seriously injured or killed motorcyclists crashed on curves. Road surface conditions, such as faulty manhole covers, potholes, uneven or slippery surfaces, make bikers particularly vulnerable while taking a bend. Poor weather conditions are also a concern for motorcyclists by creating wet or icy surfaces.
- Collisions at junctions. Junctions are a prevalent location for crashes, comprising around half of all motorcycle accidents. Around ten motorcyclists are killed or injured in accidents at junctions each day. Collisions are more likely to be the fault of another driver, who failed to see the motorbike rider. For less than 20% of accidents, a motorcyclist is determined as wholly or partly to blame. Most often, the other driver violated the rider’s right of way. This could be due to carelessness or the failure to judge the actions of a motorcyclist. Even in collisions where the motorcyclist had excessive speed, drivers often contributed to the crash through a lack of care.
- Overtaking collisions. Some motorcycle accidents occur while the rider, or other road users, are attempting to overtake. A car driver may fail to see or anticipate the oncoming approach of a motorcyclist when trying to overtake another vehicle.
- Loss of control. A motorbike accident can happen because the rider lost control of the bike, with no other road users being involved. Although often caused by the rider’s inexperience, speeding, or careless behaviour, some poor road conditions like slippery surfaces or debris might be contributing factors. Less commonly, you could lose control while trying to avoid an impact with another vehicle.
- Speed. Excessive speed is the leading cause of road accidents globally. Although most motorcycle accidents occur at low speed, fatal or serious injuries are more likely to happen at high velocity. Even if a rider was speeding, another road user might still be partially responsible in the case of a collision.
- Alcohol. Alcohol consumption reduces reaction time, the ability to concentrate and makes drivers more likely to take risks. Alcohol impairment plays a notorious role in road traffic incidents. In 2019, there were an estimated 210 fatal accidents due to drunk driving in the UK.
Can motorcycle accident claims be made on a no win no fee basis?
It’s understandable that if you are recovering from an injury or mourning the loss of a loved one, you may not want to invest a lot of time and money into making a compensation claim.
Hiring an experienced motorbike accident solicitor on a no win no fee basis saves you from a lot of paperwork, and you won’t have to worry about any upfront fees. Furthermore, if your case is unsuccessful, you won’t have to pay any legal fees.
A solicitor will examine your case and decide if you have a valid claim. If your case seems solid, you will agree on a ‘success fee’, which can be up to 25% of the compensation settlement.
If you have been injured in a motorcycle accident in the last three years, you deserve compensation. For more information about making a no win no fee claim, call 0800 678 1410 for a free consultation with a legal advisor.
What are the time limits for motorcycle accident claims?
Generally, you have up to three years to make a motorcycle injury claim after being involved in an accident that was not your fault. The claim limitation date might vary in certain circumstances, so it’s important to seek legal advice as soon as possible.
If you were 18 or older at the time of the accident, you have three years from the accident to make a claim. However, if a related injury or illness is discovered later in time, the countdown starts from the day it was diagnosed.
If you were a child or a teenager when the accident took place, a litigation friend like a parent, guardian, or close family member might claim compensation on your behalf until you turn 18. Afterwards, you have another three years, until your 21st birthday, to make a personal injury claim in your name.
There are no time limits to make a compensation claim in the name of a victim that is not mentally capable of claiming on their own. If they regain their mental ability, they are free to claim compensation at any moment in time.
In the case of fatal accidents, a close family member can claim motorbike accident compensation in the three years following the day they died.
If you are thinking about making a motorbike accident claim, the recommendation is to start the legal procedures as soon as possible. A solicitor will guide you through all the steps and support your claim in any way possible.
Can I make a motorcycle accident claim on behalf of someone else?
There are many situations when the victim of a motorbike accident can’t make a compensation claim in their name. In such circumstances, a litigation friend can get designated to represent them.
You can act as a litigation friend on behalf of:
- Victims under 18 years old. Parents, legal guardians, social workers, close friends or family members can make a motorbike injury claim on behalf of a minor. If the child has no close relatives, an Official Solicitor will get appointed to represent them.
- People with special conditions. If a loved one has a medical or mental health condition that hinders their ability to claim, a litigation friend can represent their case. The condition can be pre-existing, like dementia, bipolar disorder, stroke patients, or have developed after the accident (following traumatic brain or spine injuries, for example).
- A deceased loved one. You could claim wrongful death compensation if you lost a loved one in a motorbike accident because of someone else’s negligence or careless driving.
- An acquaintance with a language barrier. You can make a claim on behalf of anyone limited by poor knowledge of the English language. The solicitor will need their prior consent before you can act on their behalf.
Can I claim if I was partly at fault for a motorbike accident?
Often when an accident occurs, there’s more than one party that holds responsibility. Even when no other road users are involved in a motorcycle accident, poor road conditions or a manufacturing defect could cause the incident. To have a successful claim, you need to prove that another party was either fully or partly responsible for the accident.
Some examples of negligence from another road user, authority or company are:
- speeding or other careless or dangerous driving
- driver distractions, like using the GPS or a mobile phone
- violating traffic laws
- drunk driving or other substance abuse
- opening a car door without checking if another vehicle is approaching
- road spillages that didn’t get cleaned in time
- poor road conditions like potholes and uneven surfaces
- defective vehicles
If somebody knocked you off your motorbike, but your injuries were caused or aggravated by not wearing a helmet, protective gloves or leathers, you are still eligible to claim compensation. However, in these circumstances, a contributory negligence fee could be deducted from the compensation total.
For example, if the Court determines you were 25% responsible for the accident, whilst another party holds 75% of the responsibility, you will receive 75% of the compensation that would have been awarded if you held no liability.
You may be partially to blame but still be able to claim in incidents such as:
- you were speeding, but you were not given priority at a junction
- another vehicle collided with you, but you were not wearing a helmet
- you took a bend at high velocity, but there was a defect in the road surface, or the street was icy
- you had a few drinks, but the accident was due to a motorcycle defect
- another vehicle collided with you, but you were speeding
The law is very complex in this area, so it’s essential to contact an experienced personal injury solicitor who can shine a light on the matter. To find out if your case is worth pursuing, you can call 0800 678 1410 for a free consultation with a legal adviser or fill out our online claim form, and you will receive a call back.
What evidence do I need to support my claim for motorbike accident compensation?
In any personal injury claim, strong evidence is the key to success. All the evidence you can gather aims to prove that another party was at least partially responsible for your accident. Even when you feel you have insufficient proof, a solicitor could gather the evidence you need to support your claim.
The evidence you have should validate three major stipulations about the accident:
It happened no longer than three years ago. This is easy to prove with evidence like police reports, medical records and witness declarations. Make sure to also mark the time and date of the accident and any details regarding it while they are still fresh in your memory.
The accident left you injured. Even when you are not visibly hurt, you should get a medical examination as soon as possible after a motorbike accident. To support your motorbike injury claim, you should:
- take photos of your injuries and the recovery process
- keep any receipts of medical expenses
- register the costs of travelling to and from medical appointments
- request a copy of your medical records
Someone else was even partially responsible. For injury claims, you should be able to prove negligence from another person, local authority or organisation. Some of the evidence you can procure that will help your case includes:
- pictures of the accident scene
- contact details of any witnesses
- photos of road defects that might have caused your accident, like slippery or uneven road surfaces
- contact details of another road user that was involved in the accident
- any dashcam or CCTV footage
The sooner you start the claim process, the better. This way, a solicitor will have plenty of time to help collect evidence to build a strong case.
How long does a motorcycle injury claim take?
Every claim is unique, making it hard to give a straightforward answer about how long it will take to receive compensation. The timeframe depends on the circumstances of the accident, the severity of your injuries and other factors.
If the evidence is irrefutable, that will accelerate the claiming process. If it’s hard to determine how the events unfolded and who is responsible, or if the culprit denies liability, that might further complicate matters.
In simple, clear-cut cases, where your injuries were minor or moderate, and the defendant accepts liability, the claim is likely to be settled quickly. If you have suffered a severe or life-changing accident, the claim might take significantly longer. Assessing all the general and special damages you will face because of your injuries might prove complicated and laborious.
Your solicitor should be able to give you a rough estimate of how long it will take for your claim to settle, depending on:
- the type of illness or injury
- how the accident happened
- your recovery prospects
- whether the defendant’s identity is known
- whether the defendant accepts liability
Can I still claim if an uninsured driver caused my motorbike accident?
Some motorcycle accidents are self-evident, and the liable party is easy to be determined. The insurance company will admit liability, and you will receive compensation in a timely manner.
Other times though, things could get more complicated, and the other vehicle or driver might be uninsured. If you were involved in an accident with another automobile and have their registration plate details, you can find out if the other driver is insured by:
- calling your insurance company
- submitting an inquiry through the Motor Insurance Database’s (MID) online service
If the other driver turns out to be uninsured, you will still be able to claim through the Motor Insurers’ Bureau (MIB). MIB is a private, non-profit organisation through which compensation gets allocated to victims of accidents caused by uninsured drivers. The company is funded by every driver that pays mandatory vehicle insurance in the UK.
Before claiming with the MIB, your own insurer must be informed of the accident. Once it is established the other driver had no insurance and you file a claim, the MIB will investigate the case. They will try to determine whether the other driver is liable for compensation, using all the available evidence.
If your claim is successful, the MIB will pay compensation just like a regular insurance company.
For more information about claiming against an uninsured driver, you can call 0800 678 1410 for a free consultation with a legal advisor. Alternatively, you can enter your details to request a call back.
Can I claim if I’m injured in a hit and run accident?
In most motorcycle accidents, the responsible person accepts liability and is insured, making it easier for the victim to claim compensation. But being involved in a hit and run accident can be highly distressing. If you are seriously hurt, and the other driver runs from the accident scene, the situation can be life-threatening.
If you are the victim of a hit and run accident and don’t require immediate medical assistance, you should:
- take note of the colour, model, and registration number of the vehicle
- talk to any witnesses and get their contact details
- take photos of the accident scene, including your injuries and any damages to your motorcycle
- promptly report the accident to the police and wait for their arrival
You can still make a motorcycle accident claim even if the other driver is nowhere to be found. If you don’t have comprehensive insurance, the MIB will investigate your case. If they determine the hit and run driver was fully or partially at fault for the accident, they will pay you compensation, just like a regular insurance company.
A solicitor can help you make a motorcycle injury claim through the MIB. If you need assistance with claiming compensation for a hit and run accident, you can call 0800 678 1410 for a free consultation or fill our form to request a call back.
What should I do if I’m involved in a motorbike accident?
Being involved in a motorcycle accident can be incredibly stressful for all parties involved, not to mention painful. Road and weather conditions, careless driving, speeding or traffic law violations are just a few of the causes that can lead to an accident.
No matter how small and insignificant the event may seem, you have a legal responsibility to always stop after any road accident. Failing to stop and report the incident to the police if anybody was injured is a serious offence that can even lead to imprisonment.
Even if you did not collide with another vehicle, you must always:
- stop in a safe place and confirm that no damage was inflicted to another vehicle or property and that no person was injured
- give your contact and insurance details to anyone entitled to ask for them, namely another driver, pedestrian or a property owner
- if somebody was seriously injured, immediately call for an ambulance
- report the accident to the police within 24 hours
- take photographs of the accident and any relevant surroundings
- get witness details
- get the contact and insurance details of any other drivers involved in the accident
- write down the unfolding of the events or make a video of the accident, describing any relevant details
- report the accident to your insurance company
- do not rush into admitting liability, as your side of the story might be distorted by the momentary shock
- seek medical attention as soon as possible
By following these guidelines, you are making sure to have the necessary evidence in case of a subsequent accident claim.
Making a claim for a fatal motorbike accident
Unfortunately, motorcycle riders and passengers are more vulnerable to the road, weather and traffic conditions, being considerably more likely to be seriously injured or even killed in an accident. If a loved one was involved in a fatal collision, there is little consolation for your suffering.
A motorbike compensation claim might seem trivial, and revisiting the accident circumstances will undoubtedly be challenging. No compensation can replace your loss, but it can help soften the financial difficulties you might be facing.
Under the Fatal Accidents Act 1976, in the case of wrongful deaths, the dependents of the deceased can make a compensation claim. Dependants can be:
- spouses, including divorced ones
- partners who cohabitated for at least two years with the deceased
- parents, grandparents and siblings
- children, even if adopted or step-children
- anyone treated as a parent or a child by the deceased
In fatal motorbike accidents, the compensation will cover pain, suffering and loss of amenity. Your solicitor will assess how their passing affected various areas of your life:
- Actual losses: care expenses like hospitalisation, surgery, treatments, medicine they might have needed before passing away. Financial expenses also include funeral costs and any legal fees of dealing with their estate.
- Loss of income if you or your loved one had to leave your job prior to their passing away.
- Loss of services: your loved one might have provided child care, housework, or used to take care of other DIY chores.
- Dependency losses. If you and your family depended on their income, a solicitor will carefully calculate the long-time financial impact of their passing away. This includes bonuses, pension, and other employment benefits.
You might also be able to claim a Statutory Award for Bereavement, regardless of whether or not you suffered dependency losses. If the motorcycle accident claim is successful, the defendant’s insurance company will pay a fixed amount of £12,980 to the claiming dependant.
What are the benefits of hiring a motorbike accident solicitor?
Choosing an experienced motorbike accident solicitor can be instrumental in securing a successful compensation claim.
If you suffered even moderate injuries in a motorcycle accident, treatment and rehabilitation could be an extensive process. You might not have the time and energy to handle the copious amount of paperwork, and you might not understand all the legal jargon.
Hiring a motorbike accident solicitor helps in many ways:
- It saves you time and effort. The solicitor will take care of collecting evidence, handling paperwork, talking to witnesses, and you will be able to focus on your recovery.
- They understand how the legal system works and know the necessary steps to secure a successful claim.
- They have the training and ability to oppose the defendant party, knowing how to deal with typical insurance company tactics.
- You might be hurt and angry, but a solicitor is unbiased during the claiming process and can make sensible and rational decisions.
- The solicitor will make sure every document and information is up to date.
- By hiring a lawyer on a no win no fee basis, you don’t have to worry about any legal fees or other expenses.
- Even if you think you are up to the task, going against another experienced lawyer might be intimidating and overwhelming, and you may have less chance of making a successful claim.
Although technically you can make a motorbike accident claim by yourself, it could impact your chances of success and the amount of compensation you receive. It is therefore advisable to seek the help of an experienced professional. If you want to contact a solicitor, call 0800 678 1410 or enter your details into our online form, and you will receive a call back.
Motorcycle accident statistics
Even though motorcyclists make up less than 1% of the traffic, they accounted for 19% of all road deaths in 2019. Motorcycle riders have the highest accident rate; in 2019, for every billion miles travelled, 108 riders were killed. In contrast, only two car drivers, 29 cyclists and 35 pedestrians were involved in fatal accidents for the same amount of miles travelled.
- According to World Health Organisation data, in 2013, more than 286,000 motorcyclists were killed in road traffic collisions globally.
- In 2016 in Great Britain, 19,297 motorcyclists were injured in reported road accidents. Of these, 319 were killed and 5,553 seriously injured.
- Between 2015 and 2019, there were 985 fatal accidents involving motorcyclists in England and Wales.
- Motorcyclists between the ages of 25 and 59 are most likely to be killed or seriously injured in an accident. In 2019 alone, 1,790 riders between the ages of 20 and 24 were killed or seriously injured in an accident.
- A biker is 63 times more likely to be killed or seriously injured in an accident compared to a car driver.
- 80% of motorbike accidents happen because of another party’s negligence.
- The most commonly reported motorcycle injuries are head injuries, road rash, muscle damage and leg injuries.
Most fatal motorcycle accidents occur in low and middle-income countries, but their safety is a global concern. If you are a motorcycle rider, always wear protective equipment and respect all the traffic regulations to keep yourself safe. Always be mindful of other road users who might act negligently and put your life in danger.