Frequently Asked Questions

FAQs

The simple answer is, we can’t tell you for sure until you’ve spoken to a legal adviser.
However, if you meet the below criteria there is a strong chance you might be able to make a claim:

Did your accident happen in the last three years?

If you answered yes to these questions, we recommend calling an adviser for free help on ‭+44 7717 208888‬

Was somebody else at fault for it?

.If you answered yes to these questions, we recommend calling an adviser for free help on ‭+44 7717 208888‬

Were you or, in the case of serious injury, somebody else close to you injured as a result of the accident?
If you answered yes to these questions, we recommend calling an adviser for free help on ‭+44 7717 208888‬
Can I Claim Compensation for a motorcycle injury If the Accident Was My Fault?

If you were solely responsible for the accident, it is unlikely that you would be able to make a claim.
If you are partly to fault for the accident, you may still be able to make a claim. Liability for the accident will be apportioned between both parties (e.g. they accept 75% of the fault and you accept 25%), and the amount of compensation you receive will be reduced accordingly. In this example, you would receive a 25% reduction in the amount of compensation you are awarded.

How Long Will My Claim Take?

It varies based on complexities, such as the amount of medical treatment you may require and whether the third-party insurer admits fault for the accident. However, on average, we expect a claim to settle within 6-12 months from receiving the initial instructions.

How Much Compensation Will I Receive?

The amount of compensation will depend on the level of injury and the financial losses.
Compensation for your injury is valued based on your injuries. We use the judicial college guidelines and case law to assess to level of compensation. An experience personal injury solicitor like Biker SOS can help you understand your rights to compensation

Can I make a claim if the third party was not insured?

You can still pursue a personal injury claim if the other driver does not hold a valid insurance. The case will be brought against the Motor Insurance Bureau, who will act as the Defendant.

Can I make a claim against an untraced driver?

If your involved in an accident, and the third party is untraceable you can still make a claim through the Motor Insurance Bureaus untraced drivers’ agreement. The purpose of the agreement is to compensate people who have sustained injuries or losses because of a collision with an untraced driver.
If a driver does not stop after your accident, we recommend that you report the accident to the police. We also recommend that you try and take photographs of the vehicle and take full name, address, and contact numbers for witnesses who may be able to assist the police in their investigations.

Will I have to go to court?

We may have to issue court proceedings if the third party does not admit fault for the accident, fails to make a settlement offer or a reasonable settlement offer. However, only a small amount of claim reach a trial.

How to know if somebody else was to blame for your accident?

If your involved in an accident, and the third party is untraceable you can still make a claim through the Motor Insurance Bureaus untraced drivers’ agreement. The purpose of the agreement is to compensate people who have sustained injuries or losses because of a collision with an untraced driver.
If a driver does not stop after your accident, we recommend that you report the accident to the police. We also recommend that you try and take photographs of the vehicle and take full name, address, and contact numbers for witnesses who may be able to assist the police in their investigations.

How soon should I make a claim?

The limitation period is 3 years from the accident; however, you should start your claim as soon as possible.

Making a joint claim for injury and damage to your bike?

It’s likely at the time of your accident, your motorbike was also damaged. If that’s the case, you can make a claim for your personal injury and the damage to your bike in the same case.
• Your solicitor will be able to help you with the claim, so you won’t need to worry about additional paperwork or points of contact.
• In your final settlement, alongside covering the costs of your injury and damage to your bike, you’ll be awarded compensation for the damage to your clothing and other personal possessions damaged in the crash.

Can you make a claim if the accident was your fault?

If you were partly responsible for your accident, or your injuries were made worse because you were not wearing a helmet for example, you may still be able to claim compensation if someone else was partly responsible too.
• If you were partially to blame, the amount of compensation you receive will be reduced depending on how much the judge thinks that it was your fault.
• In the O’Connell v Jackson case, the claimant’s compensation was reduced by 15% after he sustained severe head injuries. This occurred from being knocked off his moped but was contributed to by the fact that he wasn’t wearing a helmet. Similarly, in Capps v Miller, the rider’s compensation was reduced by 10% after his helmet came off because the straps were not attached.

Claiming for a hit and run accident?

If you’re injured in a motorcycle accident and the driver responsible takes off without stopping, then you can still seek help to make a claim.
If the driver can’t be traced then the Motor Insurers’ Bureau (MIB), will pay your compensation.
The MIB is funded by a small contribution from every vehicle insurance premium taken out in the UK. The MIB was set up to allow people injured by a hit and run drivers (and uninsured drivers) to claim compensation.
If you are involved in an accident with a hit and run driver you should try to:
• Note down the colour, make, model and registration number of the vehicle that hit you
• Get a list of the names and contact details of the any possible witnesses so you can take witness statements off them later if needed
• Photograph the scene of the accident, your injuries and any damage suffered to your vehicle
• Report the incident to the police and get a police log/reference number from them
Since August 2015 the MIB will only consider vehicle damage claims if you don’t have comprehensive insurance. This means if you have comprehensive insurance, you’ll need to speak to your insurance company about payment for your damaged bike.

Do I have to attend a medical examination?

A medical examination is an important stage in your personal injury claim. The medical evidence will allow us to assess the level of compensation you require.
The examination will be carried out by an independent medical expert, who will prepare a medical report to cover;

• Your injuries and when you are likely to recover
• Whether you need any treatment such as physiotherapy or cognitive behaviour therapy
• Whether they require an opinion from a specialist
• The impact your injury has had on your daily life
The 3 years limitation period does not apply for children or Claimant’s that lack capacity.

Causes of motorbike accident claims?

1. Potholes

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Damage to a road’s surface can impact on motorbike riders far more than the drivers of cars and vans. On 2 wheels, a pothole or poorly maintained road surface can easily cause a rider to lose balance or even to fall from the bike. If a pothole or defective road surface was the cause of your accident, you could have a case for claiming compensation from the relevant local authority or private road owner if it can be proven that they neglected their responsibility to maintain the road.

2. Car doors opening

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If a driver or passenger of a parked or stationary vehicle suddenly opens a door into the road, and a motorbike rider happens to be passing, it can lead to a serious accident.

3.Spillages

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Anything that makes the road surface slippery or unstable is a major hazard to all road users, but motorcyclists are particularly vulnerable. If you’ve been injured in an accident involving a diesel or other spillage, we can help you claim motorbike accident compensation from the person or organisation responsible.

4. Collisions

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A collision between a motorbike and another road user can cause serious injuries and can even be fatal. These kinds of accidents are often caused by a lack of care or judgement, or even dangerous driving. In many cases, drivers fail to look properly and check for motorcyclists. If you’ve been involved in a collision, our personal injury specialists can help you to prove that someone else’s negligence was to blame for what happened.

5. Incidents with HGVs

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Large vehicles such as HGVs are commonly involved in collisions and accidents with motorbikes, in many cases because the driver found it difficult to see a motorcyclist in their blind spot.

6. Filtering, junctions and crossroads

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Junctions and other parts of the UK road system involving changing lanes or manoeuvering can be very dangerous for vulnerable road users such as motorcyclists. A lack of awareness of an approaching motorcyclist on the part of a car driver is often to blame, where drivers execute a manoeuvre before checking their blind spot and mirrors properly.

Claiming for a hit and run accident?

If you’re injured in a motorcycle accident and the driver responsible takes off without stopping, then you can still seek help to make a claim.

If the driver can’t be traced then the Motor Insurers’ Bureau (MIB), will pay your compensation.

The MIB is funded by a small contribution from every vehicle insurance premium taken out in the UK. The MIB was set up to allow people injured by a hit and run drivers (and uninsured drivers) to claim compensation.

• Ride with traffic, not against it
• Be alert at all times, reducing distractions such as earphones
• Cycle with a friend to boost your visibility to others and for support if an accident occurs
• Be ready to give way at a moment’s notice in case drivers fail to
• Choose a cycle-friendly route, such as bike lanes and wide roads
• Follow road rules and signs, such as stopping at red lights and not turning into streets you shouldn’t
• Wear padded and protective clothing, including a helmet, gloves and thick pants

If you are involved in an accident with a hit and run driver you should try to:

Note down the colour, make, model and registration number of the vehicle that hit you

Get a list of the names and contact details of the any possible witnesses so you can take witness statements off them later if needed

Photograph the scene of the accident, your injuries and any damage suffered to your vehicle

Report the incident to the police and get a police log/reference number from them
Since August 2015 the MIB will only consider vehicle damage claims if you don’t have comprehensive insurance. This means if you have comprehensive insurance, you’ll need to speak to your insurance company about payment for your damaged bike.

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