- 80% of UK motorcycle accidents are due to ‘someone else’s negligence’.
- In the first three months of 2013 there were just above 5,500 motorcyclists injured as a result of being involved in accidents.
The dangers of motorcycling are widely known. Furthermore, when riding your motorbike you are one of the most vulnerable participants on the road. Regardless of how cautious and experienced you are, unfortunately, accidents do happen. Fortunately, however, you may be able to claim compensation for your injuries and damage done to your vehicle.
If you have been involved in a motorcycle accident caused by someone else’s fault, then you may be entitled to compensation.
We understand that being an accident may be an extremely traumatising experience and you may not be thinking about money. However, the compensation which you will rightfully deserve may be essential when it comes to the treatment of your injuries, your recovery and even the repair of your vehicle.
If you are lucky, you may come out of the accident with minor injuries and damage to your motorbike. However, it is also possible for such accidents to cause you serious injuries and even have fatal endings. Coping with this traumatising event and struggling with the consequential health issues may be daunting and extremely hard. Having financial difficulties and not being able to avoid your treatment may turn the situation into a complete nightmare. We are here for you to ensure that this does not happen. We will help you and handle your claim in the best way, maximising your compensation and providing you with the advice and support which you need and deserve.
You may have a claim in a variety of circumstances, including:
- Accident due to a defect on the road
- Accident caused by a highway spill
- Accident caused by filtering
- Accident involving speeding
- Accident due to an undertaking
- Accident with the involvement of an untraced or an uninsured driver
WHY COMPENSATION SOLICITORS ONLINE?
The solicitors at Compensation Solicitors have years of experience in personal injury cases. We have represented our clients in motorcycle accident claims with professionalism, expertise and understanding.
Through the years we have handled a variety of cases, including:
- A motorcyclist hit by a drunk driver and suffered an amputated leg below the knee. We secured compensation of £700,000 on full liability (discounted to reflect his share of liability). Our client came to us after he had previously gone to see another (non-specialist) firm and had been advised that he did not have a case worth pursuing. We got our client an early advance on his claim, so that he could start rehabilitation treatment a.s.a.p., and not simply remain in pain on a waiting list.
- A car cut across the path of an oncoming motorcycle because the driver did not see the approaching motorcycle. The motorcyclist suffered a broken wrist and he was awarded compensation of £4,250.
- Our client was a pillion passenger on a motorcycle when the driver lost control of the vehicle and drove into a lamp post. The driver, our client’s boyfriend, died in the accident. Our client suffered post ‘traumatic stress disorder and multiple soft tissue injuries. She was awarded £30,000 in compensation.
WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN A MOTORCYCLE ACCIDENT?
- If you are involved in a motorcycle accident you must stop and exchange name, address and insurance details with the other parties (otherwise you are breaking the law).
- You should write a detailed account of what happened including a sketch of the location, and take photographs if possible.
- You must ensure that you have the name and address of any witnesses.
- You must not admit liability for the accident (even if you think it was your fault), as this can complicate matters with your motor insurer.
- You must call your motor insurer immediately.
- You should seek medical advice for your injuries as soon as possible. With some injuries (e.g. whiplash) the symptoms may take a few days to develop, but get medical attention as soon as you can.
- You should keep a record of your out of pocket expenses (e.g. travel expenses, prescription charges, walking sticks, etc.) and keep any receipts.
A motorcycle traffic accident claim includes the following three steps:
ESTABLISHING LIABILITY (WHO WAS RESPONSIBLE FOR THE ACCIDENT):
The first step is to show who was at fault for the accident to take place and to what degree. This is not necessarily straightforward and sometimes contributory negligence may be found (the victim has contributed to some extent to the harm that s/he has suffered). However, this concept only plays a role in calculating the compensation value and does not affect the establishing of liability.
SHOWING CAUSATION (SHOWING THAT THE ACCIDENT CAUSED THE INJURY):
Once a degree of liability has been established, it must be demonstrated that the resulting injury has been caused by the accident, and not by a previous medical condition or another accident, for example.
CALCULATING THE QUANTUM (ESTABLISHING THE APPROPRIATE AMOUNT OF COMPENSATION):
The compensation in such cases will have the purpose of attempting to put the claimant in the position s/he has been in before the accident. It is our specialist solicitors’ job to liaise with medical and other experts in order to prepare a Schedule of Loss, setting out the solutions and costs to all problems which the claimant has or may have in the future, as a result of the accident.
Our expert solicitors have experience in achieving the best results in all the three steps of the process, thus ensuring that you get the best compensation which you deserve.
There are two parts to any compensation claim, consisting of two types of damages:
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.
Special damages are the more variable part of the compensation and depend on individual circumstances.
The claimant may be able to recover:
- Expenses relating to the cost of living with any disability;
- Expenses to cover services provided by other people;
- Increased accommodation costs;
- Loss of earnings;
- Medical expenses;
- The cost of buying in care.
Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of personal injury.
There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).
‘I WAS PARTLY TO BLAME FOR MY ACCIDENT. CAN I STILL CLAIM?’
Yes, but you will have a percentage deducted from your damages to reflect your own responsibility. You cannot claim if you were wholly to blame for your accident.
‘THE OTHER DRIVER WAS UNINSURED/FLED THE SCENE OF THE ACCIDENT. CAN I STILL CLAIM?’
Yes, you can bring a claim through the Motor Insurers’ Bureau under either their Uninsured Drivers or Untraced Drivers Agreements.
‘CAN I CLAIM AGAINST MY HUSBAND/WIFE/FAMILY MEMBER?’
Yes, but you are not claiming from them personally, but rather from their motor insurer.
‘CAN I CLAIM AGAINST A PEDESTRIAN OR A CYCLIST?’
Yes, as most individuals are afforded legal representation as part of their home/building contents insurance.
‘I HAD AN ACCIDENT WHILST DRIVING ABROAD, DO I HAVE TO CLAIM IN THAT COUNTRY?’
No, you can bring your claim here in the UK courts. A UK representative of the foreign insurer will handle your claim and it will proceed just like any other road traffic accident.
Possibly. Depending on the country, you might be able to bring your claim in the UK, although you may also need the services of in-country legal assistance if the claim is issued at court.
MAKE A CLAIM
If you would like to speak directly to one of our team you can either call us on 0208 203 4999 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.
Brake: the road safety charity
Citizens Advice Bureau: Traffic accidents
Department for Transport
Department for Work & Pensions
Driver & Vehicle Licensing Agency
Dying to Ride
Motorcycle News (MCN)
Parliamentary Advisory Council for Transport Safety
Road accidents and safety statistics
Support and Care After Road Death and Injury (SCARD)
The DVLA’s Vehicle online service
The Royal Society for the Prevention of Accidents (ROSPA)
Vehicle Insurance Guide