I Had A Motorcycle Crash, What Should I Do?

By Daniel Pike. Last Updated 15th February 2023. Have you experienced harm in a motorcycle crash that another road user caused? If they acted negligently causing you to sustain harm, you may be eligible to claim motorcycle accident compensation.

motorcycle crash claims guide

motorcycle crash claims guide

Motorcycle riders are categorised as vulnerable road users. If a motorcycle accident occurs, a rider does not have an outer shell on their vehicle to protect them from the impact. However, motorcyclists should take measures to protect themselves. For example, as per Rule 83 in the Highway Code, motorcyclists must wear a helmet that complies with regulations.

In addition, other road users should take reasonable steps to prevent vulnerable road users, such as motorcyclists, from sustaining harm in an accident.

Furthermore, this guide will explain what you could do if you are involved in a motorcycle crash, including seeking medical attention for any injuries and steps you could take if you wish to make a claim.

Also, we will provide information on whether you hold a valid claim so you can understand whether you’re eligible to seek compensation for your pain and suffering. Furthermore, if you hold a valid claim, we could assign a solicitor from our panel to take your case on a No Win No Fee basis.

For more information, please get in touch by:

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Can I Make A Motorcycle Accident Claim?

Following a motorcycle crash, you may be wondering if you could be owed compensation for your injuries. However, you will need to establish that you suffered due to negligence in order to claim.

Under the Road Traffic Act 1988, every road user owes each other a duty of care. This means they must conduct themselves in a safe manner when using the roads. If a road user acts recklessly or carelessly, and injuries are caused to other road users as a result, this is known as negligence. If you have suffered an injury due to a breach of duty of care on the roads, you could potentially claim compensation.

To find out more about eligibility for road traffic accident claims, get in touch with our advisors today.

What Should You Do At The Scene Of A Motorcycle Crash?

If you are involved in a motorcycle crash, there are several different steps you could take if the accident caused damage or injury, such as:

  • Stop your vehicle: As per Section 170 of the Road Traffic Act 1988, those involved in a road traffic accident should stop when damage or injury is caused.
  • Report the accident to the police: You should notify the police of the accident no later than 24 hours after it happened.
  • Report the accident to your insurance company: You must report the accident to your insurance company as well. This is something you need to do regardless of whether you’re planning on claiming.
  • Exchange details: If someone has reasonable grounds for requiring your name, address and vehicle registration number, you must provide them with these details after an accident that has caused damage or injury.

For more information on the action you could take following any type of road traffic accident, please call our team. Alternatively, read the following section to learn what evidence you could obtain to support your claim.

Get Videos, Photos And Other Evidence To Support Your Motorcycle Crash Claim

If you are injured in a motorcycle collision and you wish to seek compensation by making a claim, you should aim to collect different forms of evidence to support your case. This might include:

  • Video evidence of the motorcycle crash. For example, you could collect CCTV footage and dashcam footage that shows careless or dangerous driving by another road user.
  • Photographs of any visible injuries you have and damage to your vehicle.
  • Photographs of the accident scene.
  • Contact details of any witnesses.

As well as obtaining evidence, you might find it beneficial to speak with an experienced road traffic accident solicitor. A solicitor could help you gather relevant evidence and could arrange for you to attend the medical appointment in your local area.

If you want to seek legal advice, call our team. They can discuss the potential of appointing a solicitor from our panel to represent your claim.

Get Treatment For Your Injuries

After a motorcycle crash, it’s important that you seek medical attention after sustaining any injuries. This can ensure you receive the correct treatment for the harm you experienced. Furthermore, it can produce a medical record of your injuries which you could use as additional evidence in your claim.

Moreover, medical evidence may be used to help value your claim alongside an independent medical report produced from an appointment you may be required to attend. The report could highlight the severity of your injuries and provide details on the future implications they may have.

Inform Your Motorcycle Insurance Provider

If you have been involved in a motorcycle crash that has caused damage or injury, you are required to report the accident to your insurance provider. You must report the accident even if you were not at fault or you do not intend to make a compensation claim.

If you were involved in an accident with an uninsured driver, you should inform the police. Additionally, you could make your claim through the Motor Insurers’ Bureau (MIB). The MIB seek to provide compensation to those involved in accidents with uninsured or untraceable drivers.

For more information on claims made through the MIB, call our team on the number above.

Will The Whiplash Reform Programme Affect You?

In May 2021, the Whiplash Reform Programme introduced changes to the way low-value road traffic accident claims are made. The changes mean that any claims for accidents that took place on or after 31st May 2021 were injuries are valued at less than £5,000, must be made through the government’s online portal. Also, it’s important to note that the changes apply to passengers and drivers of vehicles who are over the age of 18.

Additionally, there are certain road users who are exempt from the changes, such as:

  • Claimants under the age of 18
  • Cyclists
  • Motorcyclists
  • Pedestrians

For that reason, the Whiplash Reform Programme changes may not affect your motorcycle accident claim.

Check How Much Motorcycle Crash Victims Could Claim

Compensation for successful motorcycle crash claims may comprise general damages and special damages to compensate for the different harm you sustained.

General damages seek to provide compensation for any physical or psychological injuries. In order to accurately calculate how much your injuries may be worth, medical evidence will be used to assess:

  • The severity of your injuries
  • The future impact your injuries may have on your quality of life
  • Loss of amenity

In addition, a publication from the Judicial College that sets out guideline brackets of compensation may also be referred to when helping to value your claim. We have used these brackets to create the table below. However, please only use it as a guide because your settlement will vary depending on factors unique to your case.

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Injury Injury Notes Damages Awarded
Neck Injuries – Severe (ii) Injuries could include damage to cervical spine discs and fractures which result in injuries to the brachial plexus and restrict movement in the neck. £65,740 to £130,930
Neck Injuries – Moderate (b) (ii) Injuries might include a soft tissue damage and severe lesion of the disc resulting in symptoms such as permanent or recurring pain. £13,740 to £24,990
Brain Damage – Moderately Severe The amount of compensation which could be awarded depends on several factors and the overall condition of the person as well as what care they require. £219,070 to £282,010
Brain Damage – Moderate (c) (i) The person could find their personality, sight and intellect have all been severely affected. £150,110 to £219,070
Shoulder – Fractured Clavicle A fracture of the clavicle. The amount of compensation paid out will depend on several factors such as severity of the fracture and the level of disability it causes. £5,150 to £12,240
Arm Injury – Less Severe (c) The person is either expected to or already has made a substantial degree of recovery. However, there will have still been disabilities of a significant nature. £19,200 to £39,170
Simple Forearm Fracture (d) This is single type of injury in which the person suffered a forearm fracture that is simple. £6,610 to £19,200
Chest Injury (c) A chest injury which affects the lungs and leaves the person with some degree of continuing disability. £31,310 to £54,830
Chest Injury (d) The person sustained an injury, such as a penetrating wound, which does not have a long term effect on lung function but does cause some permanent tissue damage. £12,590 to £17,960
Foot Injury – Serious (e) Serious but still less severe forms of foot injuries. The injury could lead to the person suffering ongoing pain from traumatic arthritis or risk developing it in the future. The person may require treatment over a prolonged period of time. £24,990 to £39,200

Also, your claim may comprise special damages, which provides reimbursement for any past or future financial losses your injuries have caused you. These might include:

  • Medical expenses
  • Care expenses
  • Travel expenses
  • Loss of earnings

However, please be aware you must provide evidence to prove any financial losses, such as receipts, payslips and invoices.

How Our Panel Of No Win No Fee Solicitors Can Help You

If you wish to make a motorcycle crash claim with the help of an experienced solicitor, we could help you. Our panel of solicitors all have experience handling road traffic accident claims and could take your case on a No Win No Fee basis. There are several benefits to funding legal representation on this basis, such as:

  • You don’t pay an upfront fee for their services
  • You won’t pay costs that may build up while your claim is ongoing
  • There is no success fee to pay your solicitor if your claim isn’t successful.

For successful claims, the success fee will be deducted from your compensation as a legally capped percentage. However, you will discuss the fee with your solicitor beforehand.

For more information on No Win No Fee arrangements or anything else you’ve read in this guide, get in touch by:

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Below, we have included links to some additional guides you might find useful.

We hope this guide on what you could do if you’re involved in a motorcycle crash has helped. However, if you have any questions about putting forward a road traffic accident claim, call our team on the number above.