Motorcycle Accident Claims
This guide is intended to assist those who have been involved in motorcycle accidents that were not their fault. We hope that it will be of help to those who are considering making injury compensation claims.
Speak with us on 08000 93 00 94
Call us today for a free no obligation consultation
It is also our wish that it will also provide useful information for the loved ones of injured motorcyclists.
Why are motorcyclists more in danger on the roads than other road users are?
Motorcycling is an exhilarating way to travel around the UK's roads. Most motorcyclists are excellent road users and very knowledgeable and safety-conscious riders. Despite this, there is a much higher risk of motorcyclists being involved in accidents than is the case for drivers of cars and other four-wheeled motor vehicles.
Though bikers only make up 1% of the traffic on British roads, they are involved in 19% of all accidents that result in death or serious injury. The road safety organisation, THINK!, states that motorcyclists are 52 times more likely to be killed in road traffic accidents than are the occupants of cars.
The Highway Code classifies motorcyclists as vulnerable road users, putting them into the same category as cyclists and pedestrians. There are specific sections of the code that advise other motorists of the need to look out for motorcyclists and to be aware of their presence. Most motorcycling accidents (62%) occur at road junctions, according to ROSPA.
Motorcyclists are in more danger on the roads than other road users, because:
- Just like cyclists, they can be more difficult for other road users to see, particularly at road junctions and roundabouts. Unlike cyclists, motorcyclists regularly overtake other vehicles. They also filter in heavy traffic and their approach from behind motor vehicles can easily catch out a careless car driver.
- Motorcyclists may be vulnerable road users by classification, but they also have engines, sometimes very powerful ones. Accidents between other motorists and motorcyclists frequently result in serious injuries such as head injury or spinal injury.
Do I have grounds for making a motorcycle accident injury claim?
You do have grounds for making a motorcycling accident injury claim if:
- You suffered personal injury in a road traffic accident that wasn't your fault
- The accident was within the last 3 years
- The party that was responsible owed you a duty of care
Do I need a specialist Motorcycle Accident Injury Compensation Solicitor?
If you are going to make a motorcycle accident claim, then you'll want to present the best case possible, to the other party. For that reason, it is important to use a specialist motorcycle accident solicitor. Not every personal injury solicitor has experience of motorbike accident claims. At Spencers Solicitors we do have experience of handling complicated and serious motorcycle accident claims.
Don't just take our word for it. Listen to what our client Wendy Arrandale has to say about Spencers specialist motorcycle accident solicitors. We secured a multi-million-pound compensation settlement for Wendy, who had been involved in a horrific non-fault motorcycle accident.
Wendy was a pillion passenger who suffered very serious injuries including a ruptured spleen, brain injury and a below elbow amputation. Her compensation settlement included a provision for a prosthetic arm, adapted accommodation, future care and loss of earnings. Spencers Solicitors were also able to secure payment for an adapted trike. This will allow Wendy to continue with her passion for riding motorcycles, despite having suffered the life-changing injuries that she has.
How do I make a motorbike accident claim?
- Call Spencers Solicitors on 08000 93 00 94. If you prefer, you can also claim online. We'll respond quickly to your enquiry by calling you back at your convenience.
- We'll have an initial discussion with you over the phone. This discussion will be entirely free of charge, don't worry!
- You will talk to a motorcycle accident solicitor straight away.
- We will be able to answer your initial questions. You can make an informed decision about how to proceed should you decide to make a claim, at a later stage.
- If you decide to proceed with a claim through Spencers Solicitors then we will arrange a meeting. We can also talk via Zoom, Skype or other digital means too.
In case you are wondering about legal costs, we can put your mind at rest. In almost all cases of motorcycle accident claims we are able to fund the cases for our clients by using a No Win No Fee Agreement
The earlier you contact us, the sooner we can start building the case to support your claim.
We will put together all the necessary information and documentation in support of your claim. This will include:
- Getting statements from witnesses to the accident, and a description of the circumstances of the crash together with any photographs they may have taken.
- If there was a CCTV camera covering the area, we should also be able to access this footage on your behalf.
- We will work with medical experts who will carry out medical examinations to help them prepare reports on your injuries. These will enable them to provide a prognosis (opinion) on the extent of your injury. They'll also give an opinion of how long they think it will take you to recover from your injuries.
- In conjunction with the medical experts, we will identify the types of treatment and rehabilitation that will help you to get you to that stage of recovery. Our main aim will be to help you to get your life back on track after the motorcycle accident. We will arrange for you to start a programme of rehabilitation at the earliest possible opportunity. To pay for this we will source interim payments from the insurers of the party that caused the accident.
- At Spencers Solicitors, we have access to an extensive bank of specialist experts who we regularly instruct. These include reconstruction experts, forensic accountants and eminent consultants such as Spinal Surgeons, Neurologists amongst others. We will ensure that you are referred to exactly the right kind of specialist (or specialists) for your particular needs.
Our expert motorbike solicitors handle a wide variety of motorcycle accident claims each year. Through our experience and by listening closely to our valued clients we have developed three priorities when dealing with your motorcycle accident injury claim:
What can I claim for in a motorbike accident compensation claim?
- The cost of replacing or repairing your bike
- Compensation for your damaged leathers and other clothing
- Cost of a replacement helmet
- Compensation for the injuries that were caused by being involved in the accident
- Your injuries may not only be physical - you can claim for an identifiable psychological illness such as post-traumatic stress.
- Loss of earnings and other work-related benefits
- Medical care and rehabilitation costs
- Ongoing care if it is required because you have suffered long term injuries
- Any other losses that you have suffered, and which were incurred or lost as a result of the accident.
Can you get me an interim payment towards my motorcycle accident compensation?
An interim payment is a form of 'payment on account'. When these are paid by the other partys' insurance company, they will form a partial settlement of your claim. Where the other side has admitted liability, we will be able to get an interim payment from them, on your behalf. If they will not voluntarily make an interim payment, we can apply to the court for one.
Interim payments become very important if you have suffered serious injuries or catastrophic injuries in a motorcycle accident. This is because the seriousness of the injuries mean that your claim will not settle quickly. You will need multiple medical reports over a period of time that can be of several years. If you had to wait until the end of the claim before you received any payment, you would most likely be in financial difficulties.
An interim payment will go some way to ensuring that you don't get into difficulties due to a lack of money.
Where it's appropriate Spencers will be able to recover an interim payment to cover your immediate needs while the claims process continues.
Can I claim if I have been injured in an accident whilst riding as a pillion passenger on a motorbike?
If you have been injured in a motorcycle accident whilst riding as a pillion passenger, then you will be able to make a personal injury claim. You will be able to do so, even if the accident was the fault of the rider of the motorcycle that you were on. However, if :
- You were not wearing a motorcycle helmet, or
- Your driver was driving under the influence of drugs or alcohol and you knew that to be the case when you got on the bike, then although you will still have a reasonable claim for personal injury, the amount of compensation you receive may be reduced.
Call Spencers Solicitors motorcycle accident compensation team on 08000 93 00 94. They will ensure that you get answers to any questions you have if you have been injured whilst a pillion passenger.
Motorcycle accidents on poorly maintained roads
Not all motorcycle accidents involve road traffic accident collisions between the motorcyclist and another vehicle. One of the scourges of motorbike riding is having to do it along poorly maintained roads.
Potholes are a real nuisance in so far as four-wheeled motorists are concerned. Sometimes they cause wheel or suspension damage. However, as far as bikers are concerned, they can be death traps. Hitting a pothole at even 30 mph risks the rider coming off and suffering serious injury or even becoming the victim of a fatal accident.
If you are injured as a result of hitting a pothole and coming off your bike, you may be able to make a claim. Your claim will be against the local council responsible for maintaining the road in question or the highways authority for pothole accidents on motorways or A-roads.
Defective road accident claims are by no means always straightforward. That's why getting photos taken of the defect either at the time of the accident is important. Alternatively, try and get back to the scene yourself or have someone else visit the scene the next day to take photos.
It's also advisable to:
- Get someone to take photographs of your injury at an early stage and at weekly intervals thereafter.
- Make sure that when you are attended to at A&E or at your doctors' surgery, you tell them precisely how the accident happened. This all adds to a contemporaneous record of the accident happening.
Pothole compensation claims can be difficult. Councils are known to resist claims strongly. The general rule is that a pothole must be around 40mms deep for a pothole claim to have a chance of succeeding.
Spencers have successfully navigated many a pothole claim to success. Dealing with local authorities’ legal departments when making defective road claims can be frustrating for the unwary. Using an experienced road traffic accident solicitor is most certainly advisable for pothole claims.
Call Spencers Solicitors on 08000 93 00 94 and speak to one of our experienced personal injury solicitors now.
Avoiding the risk of suffering a motorcycle Injury
You can minimise the risk of being seriously injured in a motorcycle injury by:
- Always making sure that you use appropriate safety equipment, including a helmet which meets current safety helmet standards.
- Making yourself visible at night and in bad weather by wearing reflective clothing,
- Maintaining your motorcycle to a good mechanical standard, including having the correct tyre pressure.
- Our blog on motorcycle safety provides further ideas for safe riding.
However well prepared you as a motorcyclist are and however safely you handle your bike, accidents will happen. If the accident is due to another road users’ fault (negligence) then you are entitled to make a claim for the damage and injury caused.
How long does it take to settle a motorcycle claim?
Each personal injury case is unique. A general settlement time frame for a motorcycle claim is between 6-9 months, where:
- Liability (fault) is admitted by the other side
- Recovery from the injuries is expected within a matter of months as opposed to years.
However, motorcycle accidents can result in some very serious injuries for the rider. In such cases, it can take 2 or more years before the claim is ready to settle in full.
This doesn't mean that your solicitor is delaying in taking action. The length of time it takes, will be due to the need for continuing medical assessments, further treatment and for your rehabilitation to start taking effect. Only at this stage can settlement of the claim be considered.
Our experience of dealing with serious motorcycle accident claims
At Spencers Solicitors, we have been dealing with serious and catastrophic accident claims for more than 30 years. We have handled a huge number of cases during that time. Our personal injury solicitors have successfully recovered millions of pounds in compensation on behalf of motorcyclists who have been injured in road traffic accidents.
Contact Motorcycle Accident Solicitors
Call Spencers Solicitors, if you have been injured in a motorcycle accident that was not your fault. We are experts in serious injury claims. Motorcycle accidents all too often involve serious injuries being suffered by the motorcyclist involved. You'll get to speak to one of our specialist motorcycle accident compensation solicitors, right away, when you call Spencers Solicitors
Start Your Claim Today
Start your claim for compensation by filling out your details below. Our dedicated claims team will get straight back to you to discuss your case.
Why Choose Spencers Solicitors?
At Spencers Solicitors, we are fearlessly committed to our clients and ensuring that their best interests are central to everything we do.
113 client testimonials
Have you been involved
in an accident?
Let's help get you startedRead Our Accident Guides
Spencers News & Blog
Read the latest news and insights from our solicitors
Personal Injury | January 27, 2023
Personal Injury | December 09, 2022
Personal Injury | October 27, 2022