A motorcycle accident compensation claim relates to any personal injuries, loss of earnings or damage to bike and kit suffered from a motorcycle accident. This page contains information relating to handling of your motorcycle accident compensation claim and what you can expect to happen during the course of this.
We want to ensure your motorcycle accident claim is handled with care and concluded as swiftly as possible. Either call us on 0800 783 6191 or email us and you’ll speak to one of our motorcycle solicitors who’ll run through with you the circumstances of your motorcycle accident and advise you on the best way forward.
Responsibility for a motorcycle accident is rarely a clear cut matter. Even if the other driver should accept full responsibility they rarely do. Department of Transport Statistics confirming that in 2/3 of collisions between cars and motorcycles car drivers are at fault.
Even if there wasn’t another rider or driver involved in the motorcycle accident there might be a possibility that somebody has been negligent and therefore be responsible for paying compensation amounts for your motorcycle accident.
Motorcycle Accident Compensation Guide
- Should I start a motorcycle accident compensation claim?
- What to do after a motorcycle accident
- How is a motorcycle accident claim funded?
- Starting a motorcycle compensation claim
- How much is my motorcycle accident compensation case worth?
- Motorcycle Accident Compensation FAQ
If you are unsure of whether you have a motorcycle accident compensation claim or have sustained injuries as a result of a motorcycle accident, talk with one of our motorcycle solicitors today to discuss your accident and find out the various legal choices available to you in pursuing a personal injury claim. Either call us on 0800 783 6191 or complete the form opposite and we’ll call you at a time convenient for you.
A motorcycle accident, no matter how serious, can be a very traumatic situation and in the heat of the moment when emotion and shock are running high it is sometimes easy to forget about making sure the necessary details have been taken and that you have acted correctly.
Here is our Immediate Action Checklist to remind you of what should be done and the information that should be taken immediately after a motorcycle accident. Doing so will give you the best chance of making a successful motorcycle accident compensation claim.
- Most importantly, stay calm – Emotions can run high after being knocked off your motorbike. The calmer you are the better chance you have of making sure that the necessary information is collected at the scene of the accident. This evidence will help when you start a motorcycle accident compensation claim.
- Call 999 and report the accident to the Police – If serious injuries have been sustained get medical attention. Both of these actions will help with evidence later on should you start a motorcycle accident compensation claim as the Police will have written a Police Report, and your injuries will have been recorded by the Hospital or by your GP.
- Make a note of the licence plates and drivers licence numbers of the other parties involved – Also collect the names, addresses and telephone numbers of the other motorists/riders involved. If there are witnesses, it will be beneficial to collect their contact details as well as they will be able to corroborate the circumstances leading up to the accident.
- Take photos of the accident scene – If you have a smartphone with you or there is someone available to, take photos of the accident scene, including any damage done to vehicles. Photographing things like skid marks and damaged road furniture / signage will also form part of the evidence when you commence a personal injury claim following a motorcycle accident.
We work on a no win no fee basis. This means that if your claim is unsuccessful, you will not have to pay our costs. In addition, if there isn’t any existing Legal Expenses Cover on your motorcycle insurance policy we take out an after the event insurance policy to cover the other sides costs such as court fees and medical report fees.
You can agree to pay your own solicitors costs whatever the result or only if you win. The arrangement where you only pay if you win is called a “Conditional Fee Agreement (CFA)”, but is colloquially referred to as “no win, no fee”.
In this arrangement the solicitor takes on the risk with you and you work together to achieve the end result. In return the solicitor is also entitled to seek a success fee if you win.
Funding for Personal Injury claims underwent very significant changes in April 2013. Now claimants cannot recover all of their costs from defendants. But in claims where the claimant has not been dishonest, if the claimant loses, he pays no costs. Prior to April 2013 the loser picked up the bills. Now it is a bit more complicated. See our in-depth guide on how no win, no fee works.
If you have been involved in a motorcycle accident, your first step is to contact us to have an initial discussion.
We will ask you for details of the accident so that we can ascertain whether you have a claim and the best course of action to take it further. We’ll normally do this discussion over the phone with you. After we will then send out to you a paper questionnaire so that you can provide more details such as:
- Date, time and location of the motorcycle accident, including weather and road conditions
- Contact details of the other drivers/riders involved in the accident
- Contact details of any witnesses
- Your insurance company details
- Your GP and/or hospital details that you may have attended after the accident
- Details of any injuries sustained as a result of the incident, and what treatment you received
- Any financial losses incurred as a result of the accident. This will include things like clothing, such as leathers, helmet, gloves, etc. and damage to your motorbike
We have helped thousands of motorcyclists claim for injuries they have suffered as the result of a motorcycle accident, from cuts and bruises, whiplash, soft tissue injuries to the more serious injuries such as amputation and fatal. Talking with one of our personal injury solicitors will become one of the most critical choices you can make.
Valuing Injuries sustained from a motorcycle accident vary according to the circumstances of the incident and it is difficult to give an accurate estimate of the likely level of compensation from a motorcycle accident claim without having had an initial discussion with you first. Motorcycle accident compensation amounts are generally based upon:
- The costs of any existing and ongoing treatments
- The degree and type of the injury
- Whether your injuries will affect your potential future earnings
- Compensation granted in motorcycle accidents similar to yours
- Whether or not your injuries are curable
- Whether your injury was caused by intentional harm or malice (as opposed to merely negligence)
The starting point for putting a figure on the value of motorcycle accident injuries is the “Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases“.
This sets out in tabular form brackets for different types and severity of injury. You assess which bracket the injury falls within and then where in the bracket. You fine-tune the figure using relevant case law.
- Severe whiplash resulting in continuing long-term pain £14,300
- Neck & lumbar spine STI (Soft Tissue Injury) with continuing pain from moderate back injury £8,025
- Cuts to left arm, STI to neck & back £3,575
- Severe wrench to shoulder involving STI £2,480
- Bruising to back, arms & legs with grazes on both thighs and left elbow, for six months, resulting in scarring £2,140
- Multiple scratches, bites and bruises £1,870
- Bruising of right calf, considerable bruising & swelling £1,100
Damages – General Damages
We will need to ascertain the degree of injury you have suffered in order to value your motorcycle accident compensation claim fully. We will normally send you medical questionnaires during the case to keep us to date on your recovery and also to help assess when it would be appropriate to commission medical evidence. However, to avoid any delay it is important that you let us know once you have recovered from your injuries. These questionnaires help us spot psychological injuries as well as monitor progress of physical injuries.
Primary responsibility for treatment is with the NHS or any medical insurance you may have. However, if you have a need for additional treatment then it may be possible to arrange this for you. You should remember that this will be dependent upon establishing responsibility for the accident against the other side and that, where there is any finding that you were partly responsible for the accident, you may have to pay towards the cost.
To illustrate the extent of your injuries we will almost certainly have to support your claim with evidence from a medical expert. For less serious injuries, in particular where there are no ongoing symptoms, a report from your GP may be sufficient.
For anything more than the most minor injuries we recommend obtaining evidence from a consultant and usually this will be evidence from an orthopaedic consultant. In either event the expert is likely to need to view your medical records and a fee can be charged by each hospital and your GP to provide these. The consultant may also wish X–rays to be taken and these may result in further charges.
The usual rule applies that reasonably incurred disbursements will be paid for by the defendants after the successful conclusion of your case. You should also note that most of the orthopaedic consultants who are expert witnesses have long waiting lists for appointments. In certain cases, and depending on the nature of your injuries, other types of consultant may need to be instructed. We shall advise you regarding this as appropriate.
You are entitled to claim for any loss arising from the accident as long as they are reasonable and reasonably foreseeable. Paperwork helps prove the loss, but is not essential. If you are unsure about whether any loss should be claimed then please discuss it with us.
In order to prepare your claim for possible agreement or for the issuing of court proceedings, we need to ascertain details of your financial losses and expenses.
You should ensure all receipts are retained wherever possible and it would be very helpful if you could write on the back on the receipt the reason for it. You should keep a running record of the losses you are suffering as a result of the accident as this should prevent anything being overlooked or forgotten, and we can provide you with a “damages diary” to assist with this. You would be surprised how difficult it can be to remember what a receipt related to six months down the line.
This can be summarised by a couple of golden rules as follows:
- Keep everything, including any damaged items, receipts, payslips, photos etc;
- You can only recover losses reasonably incurred.
Unexpected losses can sometimes be made reasonable by notifying the other side that these will be incurred and giving them the opportunity to avoid this. If you are in any doubt you should discuss any loss causing you concern with us.
Below you will find guidance on the various aspects in respect of which you may wish to make a claim. You should note the advice regarding repairs to your bike and your duty to minimise your losses. We appreciate some of the losses you could claim for may not be applicable to you, but it is important that we try and give you some guidance at this stage. This list is not finite and if you have any queries about any loss you may have suffered as a result of this accident then please ring us to discuss this.
1. Your Motorbike
If your vehicle is not capable of being repaired you should seek a refund of any un-used road tax and/or insurance premium. If the value of your bike is reduced as a result of having been involved in an accident then you should let us know. It may be possible to obtain compensation for this.
- Comprehensive insurance – You may have an excess to pay; if so you should forward the relevant receipt to us when it has been paid. Your insurer will arrange for payment of any recovery and storage charges, and deal with the damage to your bike. Reasonable claims for the loss of use of your bike and hire car charges are all usually paid for the period until the bike repairs are paid for or you receive the value of your bike.
- Third party insurance – If your bike is unusable as a result of the accident, your bike may be recovered from the accident scene to a place of storage. There may also be charges for the subsequent storage of your bike. You will have to pay these charges yourself, and you should send the receipt to us. You should bear in mind your duty to minimise your losses and you should, where practicable, store your bike in your own garage, on your driveway or at another place of free storage if possible. If storage charges are continuing and you cannot afford to pay these to allow you to move the bike to a place of free storage it is important you let us know as soon as possible.
You should, as soon as possible, obtain and send to us two repair estimates from different garages. If repairers consider your bike to be beyond economic repair you should let us know immediately. If there are problems in obtaining estimates for whatever reason you should contact us to discuss this.
2. Transport costs
- Public transport fares/taxis/lifts
You should keep a note of journeys made and any fares involved, retaining any receipts, tickets etc. as proof, which arise as a result of the accident. Classic examples are travelling to and from hospital and your GP. In particular please obtain receipts for any taxi journeys you undertake as a result of the accident. You should continue to keep a note of all such expenses until your bike is back on the road, and supply us with the relevant details at that point.
- Hire vehicle charges
If you wish to obtain a hire bike please speak to us first to advise you further.
- Relatives’ travelling expenses
If your injuries resulted in an in–patient stay at hospital, you may be able to claim for the expense incurred by relatives in visiting you. You should supply details of journeys made and the expense incurred.
4. Medical/support costs
- Private medical advice or treatment – You are entitled to claim for payments you may make in respect of private medical advice or treatment. This may include private physiotherapy. You should forward copy invoices to us when they are received.
- Medication/prescription charges – You should keep a note of all expenditure in this respect which arises from your injuries. You should make a note of the date of payment; the amounts paid, and retain any receipts etc. as proof.
- Aids, equipment etc. – You may have had to purchase small items such as a neck or back support, and you may be able to claim the cost of such expenditure. You should keep a note of such purchases and retain any receipts.
- Gratuitous care – If your injury caused you to be incapacitated it may be possible for us to claim some compensation for the care that may have been provided to you, this is known as gratuitous care. The care can be done by close family members or friends even if you did not in fact make a direct payment for those services. You will need to let us know the details of any such care that you received including who assisted you, when and for how long and what they did.
Some or all of your clothing may have been damaged in the accident, or cut off at hospital. If so, you should supply details of the individual items, their approximate value, the date when they were purchased and the purchase price. Any purchase receipt you may have retained should be supplied. You may also need to purchase extra clothes or footwear because of your injuries, e.g. to fit over a leg cast, or replacement items. If so, please supply details and purchase receipts.
- Increased bills – If you are seriously injured, you may find that your gas and electricity bills have increased–this may be because you are spending more time indoors and also because you may find that a warmer atmosphere helps ease your symptoms.
- Other losses and expenses – The above list is not intended to be an exhaustive list of possible heads of claim. If there are any other losses or expenses which you think may be related to the accident, please supply details and forward any documentary evidence as proof.
- Evidence of losses – It follows from the above that you should keep records and documentary proof of all losses. It is up to you to be able to prove the extent of the loss to the court.
- Don’t my motorcycle insurers sort everything out?
- Isn’t it easier just to use the insurer’s motorcycle solicitors?
- I already have solicitors, but want to change to you, can I do this?
- What makes White Dalton different?
- What should I do if I want to start a motorcycle accident injury claim?
Either your motorcycle insurers or the insurers representing the motorist responsible will quite often use pressure tactics to make you use their own appointed solicitors. They will make it seem like you have no choice but to let their solicitors handle your motorcycle accident compensation claim.
This simply isn’t the case. You have a legal right to choose a motorcycle accident solicitor. We are a totally independent and specialist firm of motorcycle solicitors with years of experience in advising clients on what is best for their motorcycle claim and not what is best for the insurance companies.
At first glance that may sound like the easiest option – just let them get on with your motorcycle claim. More often than not your insurers solicitors are paying a referral fee for your motorcycle claim, usually hundreds of pounds, to your insurance company.
This may mean that the firm of solicitors dealing with your claim may not have the necessary experience of motorcycle accident claims to properly deal with your motorcycle claim.
We often take over claims from other solicitors who have sometimes let unqualified people deal with a claim and are unable to provide a personal service as their caseload is too high. To ensure these solicitors get paid motorcycle claims are sometimes rushed through – to the detriment of you, the client, and your compensation.
We frequently take over motorcycle accident compensation claims from existing solicitors where motorcyclists feel that their current solicitor doesn’t have their best interest at heart or isn’t interested in obtaining the maximum and fair level of compensation for a motorbike accident. The process of transferring your claim from one solicitor to another is easy – call us today to discuss your options.
If you transfer your case to White Dalton we will allocate a solicitor to you and they will stay with you throughout your case so you know who to talk to – other law firms may give you three or four different solicitors throughout your case.
We will look at your case in detail, give you a proper valuation and do whatever it takes to get you fair and proper compensation for your motorcycle accident – some firms of solicitors only want to push your case through as quickly as possible and at whatever cost to your compensation.
We are totally independent from the insurance industry which means our interests are with you, the client, rather than lining the pockets of insurers. All our solicitors ride motorbikes so have complete motorbike experience.
We have all chosen a professional career assisting motorcyclists. We are both specialist and dedicated priding ourselves on giving you clear and frank advice. We bring hard edged legal skills combined with real knowledge about and passion for motorbikes.
As the most specialist motorcycle accident claims solicitors in the country all White Dalton lawyers are motorcyclists, so they know about motorbikes and the risks faced by motorcyclists on the road every day.
Contact us either on 0800 783 6191, email or we can call you at a time convenient for you. You will spend a couple of minutes with one of our admin team to obtain some basic details and then transferred to one of our solicitors where they will discuss the events that led up to the accident and any damages to kit, bike and injuries to you. We do this free of any charge.
White Dalton Motorcycle Solicitors are Britain’s most specialist motorcycle accident compensation claims solicitors, dealing with all legal aspects of motorcycle accident compensation claims. Every one of our lawyers rides and we have total motorbike experience. We have years of experience in successfully gaining compensation for motorcyclists injured on the road.
Motorcycle Compensation Stories
Over the years we have represented 1,000s of motorcyclists and their motorcycle accident compensation claims. Below are some of the many testimonials and feedback we receive from our clients.
Why do motorcycle accidents happen?
In 2013, 47 per cent of other motor vehicles involved in accidents failed to look properly as well as 16 per cent of motorcyclists. This is commonly referred to as the ‘looked but failed to see’ problem in road safety literature or SMIDSY. This is particularly common where motorcyclists are hard to see and for motorists to fail to notice them when looking around the road. The majority of drivers (89 per cent) agreed that motorcyclists are more vulnerable in every day driving situations than any other road users.
The second most common contributory factor assigned to both motorcyclists and other vehicles was ‘failed to judge other person’s path or speed.’ In 2013, 15 per cent of motorcyclists in accidents failed to judge other person’s path or speed, in comparison to 19 per cent of other vehicles.