How To Claim For A Motorcycle Accident Without Insurance
By Daniel Parker. Last updated on 16th December 2021. This is our guide on whether or not you can make a claim for a motorcycle accident without insurance. If you are involved in a motorcycle accident that wasn’t your fault, then you could be entitled to receive compensation. It’s possible that the person who caused the accident may not have insurance, but you can still make a claim. If you’ve been in a motorcycle accident without insurance of your own, you may still be able to claim compensation. However, there will likely be legal consequences.
When You Can Claim For A Motorcycle Accident Without Insurance
All drivers and motorcycle riders in the UK are legally required to have insurance for the vehicles they use. In this guide, we explain what to do if you are involved in a motorcycle accident with someone who does not have insurance.
We also explain what could happen if you are in this type of accident without having insurance of your own. We’ll also highlight who can assist you if you wish to make a claim following a motorcycle accident.
Get In Touch With Our Team
If you need advice on making a motorcycle accident claim, then you can contact UK Law for help. Our panel of personal injury lawyers can answer any questions you may have about making this type of claim.
If you or someone else who was involved in the accident does not have vehicle insurance, then we can advise you on your options.
Services And Information
- Everything You Need To Know About Motorcycle Accidents Without Insurance
- What Is A Motorcycle Accident Without Insurance?
- Do You Legally Need Motorcycle Insurance?
- What Happens If You Get Caught Riding A Motorcycle Without A License In The UK?
- Motorcycle Accident Compensation Calculator
- The Other Party Is Uninsured But I Have Insurance, How Do I Claim?
- Can I Claim If The Bike Was Insured But The Rider Was Not
- Claims Against Uninsured Riders Through The Motor Insurers Bureau
- How Much Time Do I Have To Claim For A Motorcycle Accident?
- I Suffered A Motorcycle Accident Without Insurance, What Should I Do?
- Do You Handle Claims For A Motorcycle Accident Without Insurance On A No Win No Fee Basis?
- Contact Us For More Help
- Other Information
- FAQs About Motorcycle Accident Claims
When a motorcycle accident occurs, the insurance provider for the road user (or multiple road users) liable usually covers the cost of damages. Things can get more complicated, however, if you are looking to claim from a negligent road user who doesn’t have insurance. It can also get tricky if you were blameless for the accident, but you are the one without insurance.
Within this guide, we’ll explain what can happen and what the best action to take is in different types of motorcycle accidents where you or another road user involved may not have insurance.
We’ll also clarify why it’s vital to have motorcycle insurance. Cases where a motorcycle is insured but not the rider will also be addressed. We’ll also explain which organisation you can receive personal injury compensation from if you’re injured by an uninsured motorist in a motorcycle accident.
A motorcycle accident is a type of road traffic accident that involves at least one motorcycle. A car or multiple cars can be involved in this type of accident. Pedestrians and cyclists could also get caught up in a motorcycle accident.
Alternatively, two or more motorcycle riders could collide together in an accident. A motorcycle accident may also feature a rider as the only road user involved. The single motorcycle rider could potentially hit a stationary object such as a tree or lamppost.
When a motorcycle accident occurs, a driver or motorcycle rider involved in the incident may turn out to lack insurance. Being in a road traffic accident without insurance can feel concerning. If you weren’t at fault for a motorcycle accident you’re involved in, but the negligent party lacks insurance, then you can’t claim off their insurer like you normally would. That won’t necessarily stop you from being able to access the compensation you’re entitled to, though.
Whether you are a motorcycle rider who was hit by an uninsured driver/rider or a driver hit by an uninsured motorcyclist, you will likely be able to make a claim through the Motor Insurers’ Bureau (MIB).
In the graphs above, you can see statistics provided by the Department for Transport (DfT) from their 2019 annual report on road casualties in Great Britain. The graphs show the number of fatalities recorded in Britain between 2009 and 2019. There were 356 motorcyclists killed during 2019 alone, which was a 5% decrease compared to 2018.
In the UK, under the Road Traffic Act 1988, drivers are legally required to have insurance cover for the vehicles they use. That rule applies equally to motorcycle riders, car drivers and users of other types of motor vehicles. Motorcycle insurance is required if you want to ride a moped or motorised scooter too.
Minimum Vehicle And Rider Insurance In The UK
There are a few different levels of insurance which you can get for both cars and motorcycles in the UK. When using either type of vehicle, the minimum level of cover you require is third-party-only (TPO). If you have this type of cover for your vehicle, then it covers damage or injury to third parties only. It does not provide any cover for yourself or your vehicle under any circumstances.
Third-party only is the most affordable type of insurance you can get for your motorcycle or car. Some motorists may prefer a more comprehensive type of cover though, so they can cover their own injuries and vehicle damage.
Different Types Of Motorcycle Insurance
There are three levels of motorcycle insurance which riders can choose to get in the UK. They include the following:
- Third-party-only (TPO) – As mentioned earlier, this is the minimal level of insurance required when riding a motorcycle in the UK. It only covers damage and injuries for third parties involved in an incident.
- Third-party, fire and theft (TPFT) – In addition to getting the benefits from third-party only insurance, TPFT also provides cover for your motorcycle if it’s stolen or damaged in a fire. This type of cover doesn’t cover other types of damage sustained to your bike. However, if your bike does get damaged by another road user, you may be able to claim for damage through the other road user’s insurance. The claim will only be accepted if the other road user is found to be at fault for your bike’s damage.
- Comprehensive – You get all of the benefits of TPFT insurance and you’re also covered for damage to you and your motorcycle. This includes accidental damage and damage caused by vandalism. Comprehensive policies may also cover certain medical expenses you may accumulate following an accident on your motorcycle. Some comprehensive policies may also provide you with a courtesy motorcycle, in case yours needs repairs.
It’s illegal to ride a motorcycle on UK roads without a licence or insurance. If you get caught riding a motorcycle without the appropriate licence, then you could receive a fine of up to £1,000. Three to six penalty points may also be added to any licence which you currently hold.
If you are caught riding a motorcycle without insurance, then you could get a fixed penalty of £100. Your motorcycle could also be wheel-clamped, impounded or destroyed. You could also face a court prosecution, leading to a possible maximum fine of £1,000.
The penalties can be greater if you are caught riding a motorcycle when you are missing both a licence and insurance. You could face a fine of up to £5,000 plus other punishments including a ban on acquiring a licence for a period of time.
If you are making a motorcycle accident claim, there may be several questions on your mind. One of them may be related to the amount of compensation you’ll receive if your case is successful. You may be wondering what the average payout for a motorcycle accident in the UK is. But every claim is unique, so giving an amount here would likely not be accurate for everyone wishing to claim.
How much money you gain from this type of compensation claim depends on several factors. The types of injuries you’ve experienced and how severe they are will usually be considered when your compensation is being worked out.
In the table below (our alternative to a personal injury claims calculator), we’ve included potential compensation payments you may receive for different injuries you could have following a motorcycle accident. The figures are estimates which come from the Judicial College guidelines. Solicitors may use these guidelines when working out the value of your injuries.
Bear in mind that these figures may be reduced if you are found partially responsible for the accident you’re claiming on. So if, for example, you are considered 50% responsible for the accident, you’ll receive half of these estimated payouts.
|Brain Injury||Moderately Severe||£205,580 to £264,650|
|Brain Injury||Less Severe||£14,380 to £40,410|
|Back Injury||Severe||£36,390 to £151,070|
|Back Injury||Moderate||£11,730 to £36,390|
|Back Injury||Minor||From around £2,300 to £11,730|
|Neck Injury||Severe||£42,680 to in the region of £139,210|
|Neck Injury||Moderate||£7,410 to £36,120|
|Neck Injury||Minor||From around £2,300 to £7,410|
|Shoulder Injury||Serious||£11,980 to £18,020|
|Shoulder Injury||Moderate||£7,410 to £11,980|
The compensation you receive for your injuries usually falls under ‘general damages’. Following a motorcycle accident, you may also receive compensation for ‘special damages’, which covers financial losses directly related to the accident.
Things you could be compensated for under special damages can include money spent on relevant medical treatment. Another example is the cost of repairing or replacing items damaged by the motorcycle accident, such as the bike itself. Additionally, you may even be able to reclaim a loss of earnings if your injury has caused you to take time off work.
If you end up in a motorcycle accident, you will hopefully have insurance to cover you. However, the other party involved may be uninsured. Your options at this point depend mainly on who is responsible for the crash.
If you’re at the fault for the accident, then you probably won’t be able to claim anything from the other party. The uninsured motorist will likely face a fine for driving without insurance, but you won’t receive that particular money. If you have comprehensive cover, you could potentially make an at-fault claim to cover your costs.
In cases where the uninsured road user is at fault, they will be personally liable for any damages. In practice, however, it may be difficult to get this money from them if they lack the funds or assets.
You could instead apply for compensation from the Motor Insurers’ Bureau (MIB). This organisation specialises in providing compensation to people who are injured in an accident caused by an uninsured or untraced driver.
It’s worth reviewing the details of your insurance policy to confirm if you have any special protections against uninsured drivers. Some policy providers allow you to keep your no claims discount if you’re the victim of an accident caused by an uninsured driver.
If you are involved in an accident caused by a motorcycle rider, you may discover that the rider does not own the motorcycle and they are not insured on it either. However, the owner of the motorcycle may have gotten insurance on the vehicle. If this scenario applies to you, then you may still be able to claim compensation.
Under UK law, if an accident is caused by a motorcycle rider who isn’t insured on their vehicle, then the owner of the bike’s insurance cover is expected to meet any third-party compensation claims that may occur. This is assuming of course that the owner of the bike is insured.
If you’re in an accident caused by a motorcycle rider and nobody is insured on the bike, then you could submit your compensation claim to the MIB.
If you are in a road traffic accident (RTA) caused by an uninsured motorcycle rider, you could submit a compensation claim to the Motor Insurers’ Bureau (MIB). The MIB is a not-for-profit organisation that all vehicle insurance providers are legally required to contribute to.
If a road user is involved in an accident caused by someone who is uninsured or untraced, then the MIB can provide the money to cover injuries and other types of damage that have occurred.
Keep in mind, however, that claims made to the MIB have similar requirements to those made to vehicle insurers. You will need to establish with evidence that the accident you were involved in was caused by the uninsured/untraced road user.
You might be wondering how long you have to start a compensation claim if you are ever in a motorcycle accident or you’ve just experienced one. Like with most personal injury claims, the standard time limit is 3 years from the date of the accident. There are, however, some circumstances that could change how the time limit works.
If someone injured in a motorcycle accident lacks the mental capacity to claim on their own behalf, then the three-year time limit becomes frozen. The time limit will only activate if the victim recovers enough of their mental capacity to be able to make their own decisions. Should this happen, the three-year limit starts from the date the victim was seen to have regained enough mental capacity.
A representative could potentially start a motorcycle accident compensation claim on the victim’s behalf before they’ve regained sufficient mental capacity. This could prove invaluable in cases where it’s not possible for the victim to ever regain the mental capacity to make their own decisions. The representative, known as a litigation friend, could be someone close to the victim such as a friend or family member.
The three-year time limit is also frozen for any children who are involved in a motorcycle accident. The time limit will not start for a child involved in this kind of accident until the day of their 18th birthday. Before they are 18, a child cannot start a personal injury claim on their own behalf. However, a litigation friend, which could potentially be a parent or guardian, could possibly start a claim on behalf of the child before they reach the age of 18. A child involved in a motorcycle accident can represent themself in a claim once they are 18.
If you’ve been in a motorcycle accident and you or someone else is uninsured, you may be unsure of the right action to take. The exact procedure and what is most likely to happen depends on certain details. Who was at fault for the accident and who is missing insurance will determine what options you have.
Just after the accident has occurred, your first step should be to seek the medical care you require for any injuries you’ve suffered. If you are planning on making a compensation claim for the accident, then try to obtain medical evidence of your treatment. This evidence could strengthen your claim.
If you have good reason to believe that you weren’t completely at fault for the motorcycle accident, then you could be entitled to compensation. If you are partially responsible for the accident, then you could possibly make a claim and receive a reduced amount of compensation.
When you’ve received treatment for your injuries and you’re ready for the next step, you should start collecting evidence to support your claim. Potential evidence could include dashcam footage, photos, witness contact details and CCTV footage.
After collecting all the evidence you can acquire, you may next want to contact a solicitor who can support you with your claim. We recommend that if you do hire a solicitor that you choose one with experience in handling motorcycle accident claims. Are you submitting your claim to the Motor Insurers Bureau (MIB) rather than an insurer? If so, you could benefit from choosing a solicitor who has dealt with claims to the MIB before.
If your chosen solicitor is happy to support your case, you can sign an agreement with them. Your solicitor should then guide you through all the steps required to complete your claim.
That’s where we can help. Our panel of road traffic accident solicitors are well-versed in handling claims of this nature and can guide you through the personal injury claims process, ensuring you recover the compensation you deserve.
Claiming If You Did Not Cause The Accident
You are normally entitled to compensation if you are injured in a motorcycle accident that wasn’t your fault. However, things can get complicated from a legal perspective if you are uninsured and were hit by an insured road user.
Technically, an uninsured driver or motorcyclist has the same rights to make a personal injury claim as an uninsured pedestrian who is hit by a vehicle. However, liability is not always obvious or accepted by either party involved in a motorcycle accident. If it’s difficult to prove who is to blame for a motorcycle accident, then an insured road user may need to get the police to investigate the incident. Any uninsured road users involved in the accident will likely face punishments once the police are aware of their issue.
An uninsured road user could potentially take an insured motorist to a small claims court. That is provided that the insured motorist caused injuries and refuses to accept liability. However, the uninsured road user would be liable for any costs associated with such action.
Some people who want to make a claim for a motorcycle accident (with or without insurance) may be concerned about the financial impact that seeking legal representation could cause. However, this needn’t be an issue.
You could be offered a No Win No Fee agreement or Conditional Fee Agreement. All of the expert solicitors on our panel operate on this basis. So, what does this mean?
Under the rules of a No Win No Fee agreement, you will only be asked to pay your solicitor if your claim is successful. In this circumstance, your lawyer receives a small percentage that is taken from your compensation.
If your claim is unsuccessful when working under a No Win No Fee agreement, then you won’t need to pay them anything at all. There are no hidden costs involved, and you also won’t be asked to pay them upfront or as they work on your claim.
It is legally permitted to make a claim without a lawyer at all. But we don’t recommend this. The support and guidance of a solicitor who specialises in these kinds of claims could make the process feel easier and smoother than it otherwise would.
So, if a No Win No Fee agreement sounds like an ideal way for you to finance legal representation for your claim for a motorcycle accident without insurance, get in touch with us today.
Have any questions about making a motorcycle accident claim? Unsure what to do if you or the road user responsible lacks insurance? You can contact UK Law for free specialist support. Our panel of lawyers can advise on any queries you may have about what to do after a motorcycle accident. You can contact us through the following methods:
- Through our online claim form
- By using our live chat service on our website
- Calling us on 020 3870 4868
If you’re looking for other advice on road traffic accident claims, you can check out our guides linked to below:
In this guide, we explain more about how road traffic accident solicitors can potentially assist you in your claim.
This guide talks about what to know if you’re involved in a road traffic accident where a pedestrian is hit by a car.
Some road traffic accidents can involve cyclists. This guide can give you advice and guidance if you’re looking to make a compensation claim for a cycling accident.
Your accident may have been captured on TV. If so, you have a legal right to request the footage. It’s advised that you take this step relatively quickly. Otherwise, the footage may be deleted either by an automated system or intentionally.
This NHS guide contains some useful information on this subject – a possible injury caused by a road traffic accident.
More information from the NHS on a mental injury you could sustain.
What is the average payout for a motorcycle accident?
Payouts for motorcycle accident claims can vary a lot, because of the numerous factors which have to be considered. For instance, the injuries a claimant has suffered and how severe they are has a large influence on the final payout.
Does no-fault cover motorcycle accidents?
If you have no-fault cover included in your insurance policy, then it may include any potential motorcycle accidents. It is advisable to review the contents of your policy if you are unsure about any details of your cover.
Can I ride my motorbike without insurance?
It is illegal to ride a motorcycle without the required insurance. If you are caught doing so, you could face a fine and penalty points.
What should I do if I crash my motorcycle?
If you crash your motorcycle, your first priority should be to get treatment for any injuries you’ve suffered. After getting the care you need, you should contact your insurer as soon as you can about the incident.
Thank you for reading our guide which covers making a claim for a motorcycle accident without insurance.
Guide by SZ
Edited by REG