Motorbike Accident Claims

lucie-tauveron
Lucie TauveronLegal Insights Contributor
Updated on 20th February 2024

Being involved in a motorbike accident can lead to serious injuries. As a motorcycle enthusiast and owner, you’ll be all too aware of the danger of motorcycling. This is often made worse by the lack of care and attention paid by other road users.

Despite vehicle safety improving for the majority of road users, the fact remains that bikers are some of the most vulnerable road users and unfortunately the freedom you feel when riding a motorbike can have serious consequences.

Research by road safety charity, Brake, highlights that bikers are 63 times more likely to be serious injured or killed than car drivers.

However, road users owe each other a duty of care under the law, and if you’re injured while riding in an accident that wasn’t your fault, you could claim compensation.

Can I make a motorbike accident compensation claim?

Yes, you may be able to claim compensation for a motorbike accident if you were injured by the negligence of another road user. If you can prove the accident was partly or wholly their fault, you could get a pay-out.

In personal injury law, negligence is a concept meaning that someone has failed to act with due care.

As mentioned, all road users have a duty of care to each other. This means you should take reasonable care with every action that you take, or be careful not to injure another road user or damage their property.

An example of failing to show duty of care, would be a lorry turning across a busy junction without indicating, leading to a collision with your bike.

To make a claim you’ll need to prove:

  • The other road user was negligent in their duty of care to you

  • The road surface was not at a safe standard

What evidence do I need to make a motorcycle accident claim?

You’ll need to prove that your accident was caused by another road user failing to uphold their duty of care to you. To do this, you’ll need to collect evidence and build a case.

There is a range of evidence you can collect to support your case. The more evidence you can compile, the greater your chance of winning your case.

Below, we’ve summarised the most common forms of motorbike accident claims evidence: 

  • Details of the other vehicle – if you can make a note of the number plate of the other vehicle at the very least. To help the authorities track down the other vehicle, if you’re involved in a hit and run, note down the colour of the vehicle and other distinguishing features, you can also note the direction they went, at what speed, and at what time the accident happened

  • Photographic and video evidence – photos and videos of your injuries and the damage to your bike will help you prove that you were injured and your vehicle damaged in the collision

  • Dashcam footage – if you have a dashcam, it may contain all the evidence you need to prove the other party was at fault

  • Police report – report the accident to the Police as soon as possible - they will take a statement from you on what happened and this can be used at a later date when making your claim for compensation

  • CCTV footage – when you make a report to the Police, they should be able to track down the closest CCTV cameras to locate any evidence that can help prove your version of events

Common reasons for motorbike accident claims

As mentioned earlier, motorbike users are much more likely to have an accident than other road users, so there are many different forms of accidents that could occur.

Some of the most common motorbike accidents include:

• Collisions when turning out of junctions
• Being hit by a car door opening
• Motorists changing lane
• Hit and run accidents
• Damaged road surfaces, like potholes
• Debris on the road such as petrol, cargo

Can I claim motorbike accident compensation against an uninsured driver?

You may be able to get insurance when involved in a collision with an uninsured or untraced driver. However, the driver typically won’t pay the compensation to you, unless the case goes to court.

Typically, compensation will be paid to you after launching a successful claim to the Motor Insurance Bureau (MIB).

The MIB exists to pay compensation to drivers involved in accidents where compulsory motor insurance should have been in place. To put it in other words, the MIB can pay you compensation if you were involved in an accident with an uninsured driver.

The bureau can pay compensation to cover personal injury and damages to motorbikes and other vehicles.

Usually claiming through the MIB means they’ll investigate your claim and work with your insurance company during the investigation. 

How much compensation can I get for a motorbike accident claim?

This will depend on the result of the collision, including:

  • The physical and mental damage to you and any passengers

  • The damage to your vehicle

  • The medical expenses you’ve faced

A solicitor will be able to give you a ballpark estimate after talking with you about your accident and reviewing any evidence you submit.

Our expert motorbike accident claim specialists can discuss your claim in a free, no obligation case assessment. Also, our lawyers are experienced in the field and are aware that motorbike accidents can be traumatising. We’re here to talk and help you get the compensation you deserve as soon as you’re ready.

Can I claim compensation for damage to my motorbike?

Yes, compensation can be claimed for damage to your bike as well as any injuries that result from your accident.

If you were uninjured, but your motorbike was damaged, compensation can help you get the repairs you need to get back on the road again. Because, we know that biking is not just a means of transport, it’s a hobby and a community, it’s how you destress and socialise.

Compensation can cover the repairs to your bike at your local garage, or replace it if it’s a write off. 

You usually need to inform your insurer when you’re involved in a motorcycle accident, even when you claim directly through the MIB and not your insurer.

Is there a time limit for making a motorcycle accident claim?

You will need to take action within three years of your accident to make a motorbike accident claim

If you were under 18 at the time of the accident, you will have to wait for your 18th birthday before you can make a claim yourself. However, a litigation friend will be able to make a claim on your behalf while you're still a minor.

There are exceptions where time limits can be extended or waived. This includes if you or a loved one is injured so severely, you can’t make a claim.

How to make a motorbike accident claim

Contact us if you think you have a claim. We won’t pressure you to make a claim. However, we’ll advise you on whether we think you have a case.

We understand how difficult it can be to overcome a motorbike accident, but if you do decide to make a claim, our motorbike accident claims solicitors will guide you through the process, so that you know everything that’s happening at every stage and what to expect next.

Can I make a no win no fee claim for a motorbike accident?

The majority of motorbike accidents claims are taken by solicitors following a no win, no fee basis payment structure.

This means you don’t need to save money to launch a compensation claim and get your life back on track.

There’s no need to wait with no win, no fee claims, you can start a claim today and pay nothing at the outset.

However, bear in mind that different solicitors have different pricing structures. You may have to pay a fee when you win, known as a success fee. Before committing to instructing a solicitor, it’s a good idea to be clear about what you’ll have to pay when and under what circumstances.

Always check if there are hidden fees that you may need to pay later in your case.

How Lawhive can help

Our experienced motorbike accident claim solicitors are on hand to help you get back in the saddle as soon as possible.

Whether your bike has been damaged by an uninsured motorist, or you’ve been seriously injured and need to pay medical expenses, we can help.

Get the compensation you deserve today by instructing an experienced and knowledgeable solicitor. You can get started with a free, no obligation case assessment. You don’t have to commit to anything and you can talk to a number of solicitors before finding the right one to take on your case.

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