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How to Make a Motorcycle Accident Claim?
Motorcyclists are one of the most vulnerable road users in the UK. If you are involved in a motorcycle accident, you may be left facing life changing injuries. Find out how making a claim could help put your life back on track.
What are the main causes of motorcycle accidents?
The main cases of motorcycle accidents include:
• Collisions when exiting junctions.
• Being hit by the opening of car doors.
• Motorists filtering.
• Hit and run collisions.
• Potholes and damaged road surfaces.
• Spillages on the road such as petrol/oil.
The injuries and damages caused through motorbike accidents tend to be worse than a collision between two cars. Motorcyclists aren’t protected by the framework of a vehicle and can therefore experience serious and life-threatening injuries.
What can I make a claim for?
If you’ve been injured in an accident you can make a claim to compensate you for your physical and mental injuries, along with other losses. This could include loss of income through being unable to work and extra out-of-pocket expenses, such as travel costs to and from medical appointments.
You may be able to motorbike accident claim for the following:
• Physical injuries
• The impact that the accident may have had on your mental health such as PTSD or any other mental health issues.
• Loss of current and future earnings due to not being able to go to work, or not being able to work to your normal capacity.
• Travel expenses – such as to and from medical appointments.
• Damages to your motorbike, clothing and personal property.
• Rehabilitation costs – such as private physiotherapy or counselling.
• Costs for care provided during your recovery period and ongoing if needed.
How do I start the claims process?
1. Immediately after the accident you should seek medical attention for any injuries that you have sustained.
2. If you’re able to collect evidence from the scene of the accident, including photographs of the damages to your bike, clothing and personal property. It is also helpful to take photos that clearly show the angle at which the collision happened.
3. Get the contact details of any witnesses.
4. Inform the police of your accident.
5. Inform your insurance company that you have been involved in a collision. Failure to do so could invalidate your claim.
6. Contact a solicitor for legal advice and to start the claims process.
Our First Response Team will ask you a series of questions to establish who was at fault for causing the accident, along with taking down details such as the injuries and damages to your motorbike and personal property. We will answer any questions that you may have about the claims process.
The details that you have provided will be assessed by one of our motorcycle accident solicitors to establish whether or not your claim is something that we can help you with.
If we believe that you do have the grounds to make an eligible claim, and you decide to instruct as your solicitor, we will start the claims process. Your will be assigned a case handler who will be your main contact for discussing the details and progress of the case. They will start by collecting evidence to support your claim against the defense.
They will also arrange for you to attend an independent medical examination to assess the extent of your injuries.
How much compensation for a motorcycle accident claim?
Motorcycle accident compensation varies from case to case. Your settlement figure will be calculated based on:
• The severity of your injuries and future health complications.
• Your ongoing and future care and support needs.
• Your current and future loss of earnings.
• How your quality of life will be affected by the impact of the accident.
To get an idea of the level of compensation that you could receive for any physical injuries that you have suffered please use our compensation calculator below:
What evidence do I need to support my claim?
In order to build a case against the defense your solicitor will need the following evidence to support your claim:
• Photographs from the scene of the accident.
• Photographs that show damages to your motorbike, equipment and personal property.
• Photographs of your injuries.
• Current payslips showing your loss of earnings and payslips from the 3 months prior to the accident.
• Witness statements
• Medical reports
• Receipts showing out-of-pocket expenses such as travel costs to and from medical appointments.
Is it possible to reclaim the full value of my motorbike?
If your bike is damaged, you will need to provide the following evidence to prove your losses:
• Photographs of the damage(s) to your bike. You should also provide photos that clearly show the make and model of the bike.
• A repair estimate report or invoice from a bike repair shop.
• The age of the bike
Your solicitor will work to recover the highest settlement amount possible for your situation. Compensation is in granted to put you in the same position as you were prior to the accident happening. Factors such as the age of the bike and general wear and tear are taken into consideration when calculating your settlement.
For example if you crashed a 3 year old motorcycle, It is unlikely that you would receive a compensation amount to cover the full value of the bike, as this would put you in a better position than you were in before the accident.
Is it possible to reclaim the value of any damaged bike equipment and personal property?
If any of your personal property or bike equipment has been damaged as a result of the accident, this can be factored into the value of your claim. This can include items such as:
• Bike Helmet
• Protective clothing
• Mobile phone
You will need to provide evidence of the damages in order for these to be considered as part of the claim. Your solicitor will request the following:
• Photographs of the damaged items, showing the brand name of the clothing, watch or mobile phone.
• A screenshot from a reputable motorbike website showing the cost of a replacing the items.
Will I need to attend a medical?
In order to appropriately value your claim, you will be required to attend an independent medical examination. The medical expert will assess your injuries and provide a report showing what your long-term prognoses will be, along with their recommendations for rehabilitation.
The assessment is nothing to be worried about and is done in your favour to allow your solicitor to be able to obtain maximum compensation. Read our guide ‘Will I need a medical assessment?’ for further information.