Case study: £67,000 compensation for motorbike passenger injured in collision with car

Our personal injury solicitors helped a client claim compensation for injuries she sustained as a passenger on a motorcycle after it was hit by a car.

Motorcycle accident circumstances and injuries

Our client, Mrs F, was a pillion passenger on a motorcycle. As the driver of the motorbike was overtaking a car, the car turned right into a driveway, pulling across in front of the motorcycle, causing it to collide with the side of the car. Mrs F was thrown off the bike and landed on the ground.

As a result of the motorbike accident, Mrs F sustained the following injuries:

• A fractured pelvis.
• A dislocated hip.
• Fractured ribs.
• Soft tissue injuries.
• Psychological injuries/trauma.

Liability for the accident was in dispute between the driver of the motorcycle and the driver of the car.

Claiming compensation for personal injury

Mrs F initially instructed another law firm to deal with her case, however, due to the liability dispute between the drivers of both vehicles, this created a conflict of interest and she therefore instructed our personal injury solicitors to help.

We notified both Defendants’ (motorcycle driver and car driver) insurers of our instruction and requested they deal with the case on a ‘without prejudice basis’. This enables an insurer to deal with an innocent passenger’s claim without admitting liability for an accident so as not to prejudice their insured’s position in the case.

In this case, the insurers for the motorbike agreed to deal with the claim on an without-prejudice basis whilst they continued to liaise with the insurer of the car with respect to liability.

Medical reports obtained

Mrs F’s previous solicitor had already obtained medical reports from an Orthopaedic expert and a Clinical Psychologist which needed to be clarified as she still had ongoing physical and psychological symptoms. She had significant ongoing pain in her hip, which impacted her hobbies of horse riding and taking long walks.

Our lawyers gathered Mrs F’s medical records and reviewed the reports from the previous firm. The Orthopaedic expert and Clinical Psychologist provided their original reports alongside supplementary reports to comment on Mrs F’s ongoing symptoms.

The Clinical Psychologist recommended that Mrs F undergo a course of CBT treatment to address her specific phobia and anxiety with regard to riding a motorcycle. We were able to arrange this treatment for her.

Claim for financial losses

Our personal injury solicitors collated details of Mrs F’s financial losses she incurred because of the motorcycle accident. These included:

• Loss of earnings: Mrs F required eight weeks off work and returned to lighter duties whilst her recovery was ongoing.
• Care and assistance provided by her mother, who came to stay with Mrs F for the first four weeks after the accident.
• Assistance with her horse – Mrs F and her daughter own two horses. Before the accident, they would take turns tending to them and riding the horses but Mrs F’s daughter undertook all of the duties for the first six months.
• Damage to her clothing.
• Medication.
• Travel expenses.
• Treatment costs.

Settlement offer

Our lawyers used the original and supplementary medical reports to research an estimate of Mrs F’s claim; this was between £38,000 and £48,000 for the injury element alone. Financial losses were claimed in addition to this.

Our solicitor’s total valuation of Mrs F’s claim including both the injuries and the financial losses incurred was £60,000 to £70,000.

We disclosed the medical reports, Mrs F’s loss of earnings and the treatment discharge report to the Defendants’ insurers and invited offers of settlement.

After some negotiation, Mrs F accepted a settlement of £67,500. This compensation will enable Mrs F to continue to fund care and treatment for her injuries.

Contact our motorcycle accident solicitors

If you’ve been involved in a motorbike accident that wasn’t your fault, you may be entitled to compensation.

Contact a member of our Personal Injury team for a free, no-obligation consultation on 0117 325 2929 or fill out our online enquiry form.