How To Make A Motorcycle Accident Compensation Claim

By Danielle Fletcher. Last Updated 15th February 2023. This guide will explain whether you’re eligible to make a motorcycle accident compensation claim and the process you could take to do so.

motorcycle accident compensation

Motorcycle accident compensation claims guide

According to Brake, road users travelling on two-wheel vehicles, such as motorbike riders, are 63 times more likely than car drivers to experience a fatality or serious injury.

Many circumstances could lead to a motorcycle accident, including bad weather or poor road conditions. However, if you experienced harm as a result of another road user acting negligently, you may be eligible to seek compensation.

In this guide, we aim to help you understand how you could build a strong case and how your compensation may be calculated. However, if you have any questions, please get in touch with a member of our team on the details below:

  • Telephone: 020 3870 4868
  • Online form: Claim online by filling out the form on our website
  • Live chat: Speak to an advisor using the function below

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The Criteria For Claiming Motorcycle Accident Compensation

If you are wondering whether you are eligible to make a motorcycle accident claim, this guide could help. Certain eligibility criteria need to be met for a claim to be valid. In this section, we examine what these are.

To be eligible for motorcycle accident compensation, you will need to prove that you suffered injuries due to another driver’s failure to adhere to the duty of care. This is set out in the Road Traffic Act 1988. It means that other road users must reduce the risk of causing harm to others while navigating the roads. For example, obeying the rules and regulations set by the Highway Code. So, if you are injured because another driver was drinking alcohol and crashed into you, you might be eligible to claim. We look at further examples of causes of accidents later.

Examples of evidence that be useful in a claim for a road traffic accident include:

  • Accident footage, such as from a dashcam.
  • Medical records. These will show what injuries you suffered along with the date you sought treatment.
  • Witness contact details who can provide statements later on.
  • Accident scene photographs, if any were taken.
  • Injury photographs. If you have visible injuries, you can take photographs of them to submit, such as cuts to your face.
  • Photographs of damage to your motorbike.

Call our advisors if you would like to discuss your claim eligibility. If it seems like it is valid, you could be connected with our No Win No Fee solicitors.

How Do Motorcycle Accidents Happen?

Motorcyclists are considered vulnerable road users alongside pedestrians and cyclists. As per the Highway Code changes, road users operating vehicles that can cause the most harm bear the most responsibility to do everything they reasonably can to reduce the danger they pose.

Additionally, all road users have a duty of care to each other to do everything they reasonably can to prevent others from sustaining harm while using the road. However, in some cases, this may not happen and another road user may fail to act responsibly causing others harm in a road traffic accident.

Examples of this might include:

  • A driver may have failed to check their mirrors before opening their car door. As a result, a motorcyclist may have been hit by a car door.
  • The driver of a lorry may have operated their vehicle under the influence of drugs or alcohol. As a result, they may have crashed into a motorcyclist causing them to sustain a severe back injury.

If an uninsured driver hits you or the driver is untraceable you could claim compensation through the Motor Insurers’ Bureau (MIB).

For more information on whether you’re eligible to claim motorcycle accident compensation, please get in touch with our team on the number above.

Split Liability Motorcycle Accident Claims

Even if you are partially responsible for the road traffic accident you could still claim compensation. This would be called a split liability claim.

For example, if both parties are deemed partly at fault you could still receive compensation for any suffering caused. However, the amount of compensation awarded would be reduced to reflect any fault on your side.

For more information, please get in touch with our team on the number above.

How Quickly Could I Receive Compensation?

The time it takes for you to receive your road traffic accident compensation will vary depending on different factors. For instance, if your claim goes to court it may take longer for the claim to settle. However, only a small percentage of claims go to court as solicitors follow Pre-Action Protocols to negotiate a settlement before it reaches this stage.

In some cases, you may be eligible to receive an interim payment. If you hire a solicitor, they can request for you to receive part of your compensation before your claim settles. However, this is only possible if the defendant has admitted liability.

If you require any additional information on when you might receive your motorcycle accident compensation following a successful claim, call our team.

Can You Claim Motorcycle Accident Compensation After 3 Years?

Under the Limitation Act 1980, the personal injury claims time limit is three years which may start from:

  • The date the accident happened
  • The date you became aware that another road user’s negligence caused or contributed to the harm you experienced.

However, there are some exceptions to the time limit. For example, if someone under the age of 18 is injured, they could make a motorcycle accident compensation claim on their own behalf after they turn 18. They will have three years to do so if no one has made a claim on their behalf before they turn 18.

Alternatively, someone could apply to act as a litigation friend and claim on behalf of the person under the age of 18. However, they must meet the relevant criteria for eligibility.

Similarly, if the person lacks the mental capacity to claim, the time limit is suspended. During this time someone could apply to act as a litigation friend on their behalf. If the person recovers their mental capacity, they could start the claim on their own behalf and will have three years from the date of recovery to do so.

Motorcycle Accident Compensation Calculator

There are two heads of claim that you may receive in your motorcycle accident compensation settlement, general and special damages. General damages compensate for the pain, suffering and loss of amenity you have experienced as a result of your injuries.

The value of your injuries may be valued using medical reports and other medical evidence as these can provide details on:

  • The severity of your injuries
  • How badly your injuries have impacted your quality of life

In addition, guidelines from the Judicial College may be used to help value your claim. The guidelines set out bracket compensation amounts for various types of injuries at differing levels of severity.

The table below uses amounts from these guidelines. However, you should only use the figures as a guide because they don’t reflect the exact amount you could receive for your injuries.

Type Of Injury Payout Guidelines Notes
Facial Disfigurement (a) £29,780 to £97,330 Very severe facial injuries and disfigurement that causes a severe psychological reaction.
Facial Disfigurement (b) £17,960 to £48,420 Whilst less severe, the injuries are still substantial and still cause a significant psychological reaction.
Finger Injury (r) £35,520 to £54,830 Where someone has completely lost their thumb.
Knee Injury (b) (i) £14,840 to £26,190 Moderate knee injuries including tears to cartilage, dislocation or damage to the meniscus which causes instability and other issues.
Chest Injury (d) £12,590 to £17,960 Chest injuries such as penetrating / puncture wounds that cause permanent tissue damage that don’t cause any long-term or significant effect to the person’s lung function.
Foot Injury (g) Up to £13,740 Modest foot injuries such as a metatarsal fracture, a puncture wound or ligament rupture.
Ankle Injury (d) Up to £13,740 Modest ankle injuries such as a minor undisplaced fracture, sprain or a ligament injury. The injury could cause the person continuing discomfort as well as the possible risk of osteoarthritis and the loss of movement.
Tooth Damage (f) (i) £8,730 to £11,410 The claimant has either lost several of their front teeth or these teeth have been seriously damaged.
Post-traumatic stress disorder (d) £3,950 to £8,180 The person has been left with a less severe form of PTSD. They should make an almost full recovery in 1-2 years.
Mental Anguish (e) £4,670 Where the person has a genuine fear of either the loss of their life or a reduction in their future lifespan.

Special damages aim to provide reimbursement of any expenses or financial losses you have experienced as a result of your injuries. These might include:

  • Loss of earnings
  • Medical expenses
  • Care costs
  • Travel costs
  • Home adaptations

Please note you must provide evidence to prove any monetary losses, such as receipts or payslips.

For more information on how much compensation you could be awarded, call our team. An advisor could provide a free assessment of your claim to provide an accurate estimate of what you may be entitled to.

How UK Law Could Help You Claim Motorcycle Accident Compensation

We could help you make your motorcycle accident compensation claim by appointing a solicitor from our panel to represent your case. The solicitors from our panel could offer No Win No Fee services, such as a Conditional Fee Agreement (CFA).

A CFA is a contract that you enter into with your solicitor. The contract provides details on the success fee you will pay from your compensation if your claim succeeds. The fee is taken as a legally capped percentage. However, you won’t pay the success fee if your claim isn’t successful.

For more information on whether a solicitor from our panel could take your case on this basis, please get in touch with us today using these contact details:

  • Telephone: 020 3870 4868
  • Online form: Claim online by filling out the form on our website
  • Live chat: Speak to an advisor using the function below

Further Reading

If you would like to learn more about claiming for a motorcycle accident, please contact UK Law today. Alternatively, you can read these online accident claims guides.

Thank you for reading our guide to claiming motorcycle accident compensation. You are welcome to contact us if you have any further questions about making a road traffic accident claim.