Motorcycle Accident Claims

The first step in making a motorcycle accident personal injury claim is speaking to a solicitor. We offer an initial no-obligation consultation so that you can talk to us about the accident and ask us any questions you may have.

If you then choose to instruct us to represent you, we will start work on your case straight away. It is always a good idea to speak to a solicitor as soon as you can, so that evidence can be gathered while the incident is still fresh in everyone’s memories.

We will also discuss funding with you during our initial conversation. Most of our clients choose to make a no win, no fee motorbike claim, also referred to as a conditional fee agreement. This means that you can start your claim without having to make any upfront payment. If you are interested in this option, we will go through the details with you and explain how it works.

Another alternative is legal expenses insurance. This may be included with your home or motor insurance policy. If it is, you have the right to use the solicitor of your choice and should not have to use a law firm not selected by you.

For more information, see funding your personal injury claim.

The next step is for us to conduct an investigation into what has happened. We will gather evidence, such as CCTV footage, witness statements, police reports and expert accident site analysis.

We will also arrange for you to be examined by medical experts who will be able to prepare reports in respect to your injuries and the potential impact they will have on your life.

We will advise the other side that you are making a claim. If they admit liability, we will obtain the necessary evidence and then negotiate to try and agree on a sum in compensation. If they deny liability or they are not prepared to offer sufficient by way of damages, we will prepare a strong case for court, where you will be represented by an expert personal injury barrister. We know that this may seem daunting and we will make sure that you are thoroughly prepared and that we are by your side to support you throughout.

We also provide advice on managing a substantial compensation payment. It is often advantageous to place money into a personal injury trust fund. This usually means that it will not be taken into account if you are assessed for any means-tested benefits.

The trust can be set up so that you receive a monthly income payment. You will also be able to use the funds to pay for any additional needs you have, such as specialist equipment or adapting your home.

For more information, see personal injury trusts.

You usually have three years from the date of the accident in which to start your claim. If you were not aware of the injuries at the time, then the three-year period will start from when you should reasonably have known about them.

If you were under 18 at the time of the claim, then you have three years from the date of your 18^th birthday.

If someone died following a motorcycle accident, then their estate has three years from the date of their death to start a fatal accident claim.

If you have sustained an injury as a result of a motorcycle accident that was the fault of another road user, you are entitled to make a claim for compensation. As part of your case, we will put together evidence that the other road user was at fault and/or acted negligently.

It may also be the case that your accident occurred because the road was not safe, for example, it was in poor condition or road signs or markings were obscured. In this case, we may be able to make a claim against the local authority (Highway Authority) as they are responsible for maintaining the road surface, road markings, adequate lighting and road signs.

Yes. Even if the person who caused your accident was not insured, you may still be entitled to be paid compensation for your injuries and financial losses. The Motor Insurers’ Bureau (MIB) exists to help those who have been in an accident with an uninsured vehicle.

If compulsory motor insurance should have been in place and the accident did not occur on private land, the MIB has an obligation to deal with the claim and pay compensation.

The MIB also covers accidents where the driver is untraced, generally referred to as a hit-and-run accident.

Yes, if a friend or loved one was injured in a motorbike accident and does not have the mental capacity to make a compensation claim themselves, you may be able to claim for them by acting as their ‘litigation friend’.

As a litigation friend, you will be empowered to make decisions about the claim on behalf of the injured party and to attend court proceedings for them if required.

To become a litigation friend, you will need to apply to a court for permission. If you are already acting as a Court of Protection deputy for the injured party, getting permission to act as a litigation friend is usually straightforward.

Compensation for a fatal motorcycle accident may include:

• Replacing lost income
• Funeral expenses
• A bereavement award
• Compensation for your pain and suffering

You will generally have three years from the date of death to pursue a claim.