By Cat Wayne. Last Updated 3rd September 2024. If you have been injured while using the roads as a motorcyclist, your injuries could impact your daily life and cause you to suffer financial losses. Within this guide, we explain when motorcycle accident claims could be made if you were injured in a road traffic accident that was not your fault.
We start by looking at the duty of care that all road users owe each other and when you could make a personal injury claim if this duty is breached. Additionally, we provide some examples of accidents that may occur if this duty of care were to be breached.
Following this, we share what evidence could help support your case. We also explain the different heads of loss you may be awarded as part of your motorbike injury compensation settlement.
We conclude this guide by discussing how one of the motorbike accident solicitors on our panel could help you claim compensation on a No Win No Fee basis.
If you have any questions regarding the motorbike accident claims process, or would like to discuss your specific circumstances, you can contact our advisors:
- Contact us online.
- Call 0800 408 7825
- Use the live chat.
Select A Section
- What Are Motorcycle Accident Claims?
- How Could A Motorbike Accident Happen?
- What Evidence Could Support Motorcycle Accident Claims?
- How Much Compensation For A Motorcycle Accident?
- Can I Make A No Win No Fee Motorbike Accident Claim?
- Learn More About Claiming For Road Traffic Accidents
- FAQs About Motorcycle Accident Claims
What Are Motorcycle Accident Claims?
Anyone who uses the roads as a driver, cyclist, pedestrian, or motorcyclist must do so safely and responsibly to avoid causing damage or injury to themselves or others. This is their duty of care. Additionally, they must adhere to the regulations and rules set out in the Road Traffic Act 1988 and the Highway Code as part of their duty of care.
All motorcycle accident claims need to meet the personal injury claiming criteria in order to be considered eligible. The criteria are:
- A road user must have owed you a duty of care.
- They breached this duty. For example, they failed to stop at a red light.
- You suffered an injury due to this breach.
To see whether you may have a valid motorcycle accident claim you can contact one of our friendly advisors.
How Could A Motorbike Accident Happen?
Some examples of how a motorcycle accident may occur include:
- A drunk driver is driving in the wrong direction down a one-way street. This results in a head-on collision, causing you to fall off your motorbike and suffer multiple injuries, including a broken forearm and back injury.
- A lorry driver fails to ensure that a junction is clear before they pull out. This results in them hitting you while on your motorcycle, and you suffer a leg injury.
- A taxi driver is speeding. You are waiting at a red traffic light, and the taxi crashes into the back of your motorcycle due to them being unable to come to a safe stop in time. This causes you to fall off your motorbike and suffer a shoulder injury.
These are only a few examples of accidents that could potentially lead to motorcycle accident claims.
How Often Do Motorcycle Accidents Occur?
The Department for Transport provides estimated statistics for reported road traffic accidents in Great Britain. In the year ending June 2023, they state there was an estimated 1,633 fatalities, 29,429 killed or seriously injured and 133,443 casualties of all severities. This covers all road users.
The graph below highlights the number of fatalities and casualties of all severities suffered by motorcyclists in the years ending June 2022 and June 2023.
As you can see in the graph above, motorcycle fatalities dropped by 9% between 2022 and 2023, and motorcycle casualties of all severities dropped by 2%.
If you have any questions regarding personal injury claims being made for motorbike accidents, you can contact our advisors.
What Evidence Could Support Motorcycle Accident Claims?
An important step in the personal injury claims process is collecting evidence. Gathering the correct and sufficient evidence could help prove liability and reveal the extent of your injuries.
Some examples of evidence that could be used to support motorcycle accident claims include:
- Dashcam and CCTV footage from a traffic camera.
- Medical records that detail the injuries suffered and the treatment received.
- Photos of the accident site and your visible injuries.
- Eyewitness contact information. This is so that a statement can be collected from them at a later date.
- A police reference number, if they were called to the scene of the accident.
One of the advantages of working with a solicitor is that they can help you with collecting evidence. To see if one of the personal injury solicitors on our panel could help you with your case, you can contact our advisors.
How Much Compensation For A Motorcycle Accident?
Before starting their motorcycle accident claim, many people ask how much compensation they could receive. Unfortunately, we can’t provide an exact estimate. This is because every claim is unique, making their payouts unique too.
However, we can offer some insight into how compensation in motorbike injury claims is calculated and what it can contain. Generally, motorcycle claims cover two heads of compensation, the first being general damages.
This head of claim addresses the pain and suffering caused by both your physical and psychological injuries. When general damages are calculated, many professionals reference the Judicial College Guidelines (JCG), which is a document that lists guideline compensation amounts.
You can see some of these guidelines illustrated in the table below, but please keep in mind that these are guideline figures only, and not guaranteed amounts. Also, please note that the first entry in this table has not been taken from the JCG.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Types of Injury with Special Damages | Severe | Up to £1,000,000+ |
| Head | (a) Very Severe | £344,150 to £493,000 |
| Chest | (a) Serious | £122,850 to £183,190 |
| Back | (a) Severe (i) | £111,150 to £196,450 |
| Arm | (a) Severe | £117,360 to £159,770 |
| Knee | (a) Severe (i) | £85,100 to £117,410 |
| Leg | Severe (b) (ii) Very Serious | £66,920 to £109,290 |
| Pelvis | (b) Moderate (i) | £32,450 to £47,810 |
| Neck | (b) Moderate (i) | £30,500 to £46,970 |
Can I Claim Back Lost Earnings After A Motorcycle Accident?
Yes, if your injuries caused you to lose out on wages, then you could potentially claim these back under special damages. This is the second heading that your claim can cover, and refers to the financial losses caused by your injuries.
As well as lost earnings, special damages can also potentially help you cover the cost of:
- Prescriptions.
- Counselling.
- Prosthetics.
- Mobility aids.
- Childcare.
- Home adjustments.
- Housekeeping.
- Professional nursing care.
To claim back any financial losses under special damages, you need to be able to prove that they occurred. You can do this with financial records like bank statements and wageslips.
Our team are here to help. To learn more about motorcycle claims, get in touch with us today.
Can I Reclaim The Value Of My Motorbike?
If your motorcycle was damaged in the accident, you may also be able to claim for the costs of this damage under special damages. However, you must have been injured in this accident and have a valid personal injury claim to receive this cost under special damages.
If no injury was suffered, but your motorcycle was damaged, you would need to make a different type of claim to receive compensation for this damage.
To discuss your potential personal injury compensation claim today, you can contact a member of our advisory team.
Can I Make A No Win No Fee Motorbike Accident Claim?
If you call our dedicated advisors they can offer a free eligibility check on your case. The team can then refer claims with a strong chance of success to a solicitor on our panel. The solicitors on our panel have immense experience working on various types of motorcycle accident claims. Additionally, they can offer their services through a Conditional Fee Agreement (CFA).
Typically, when claiming under a CFA, some of the advantages include:
- No fees for the solicitor’s services are required upfront.
- Fees for ongoing solicitors services are not required.
- Claims that are unsuccessful require no solicitors fees to be paid at all for completed services.
- A success fee applies in cases that have a successful outcome. The amount is a legally restricted percentage deducted from the compensation awarded to you.
To learn more about how a No Win No Fee solicitor from our panel could help you with your claim, you can contact one of our friendly advisors. Our team can also offer you personalised advice for your case:
- Contact us online.
- Call us on 0800 408 7825
- Use the live chat.
Learn More About Claiming For Road Traffic Accidents
Additional road traffic accident claims guides:
- This guide explores how motorcycle injury lawyers work.
- Learn about making a claim against an uninsured or untraced driver within this guide.
- If you were involved in an accident with a learner driver, this guide discusses when you could claim.
Some external resources:
- Learn about head injuries from the NHS.
- The government agency Think! discusses road safety laws for motorcyclists.
- How to request CCTV footage of yourself to use as evidence from Gov.UK
FAQs About Motorcycle Accident Claims
Is There A Time Limit For Motorcycle Accident Claims?
Generally, you will have 3 years from the date of your accident to begin a personal injury claim, as stated in the Limitation Act 1980.
Exceptions apply to those under 18 and claimants who lack the mental capacity to start a claim themselves, and time limits are paused. You can contact our team to learn about these exceptions.
How Long Will It Take To Get My Motorcycle Accident Compensation?
There is no exact time frame for personal injury compensation claims, and each can vary according to the circumstances and factors. Speed of communication and whether the other party disputes liability are just two ways a claim can take longer. Regardless of how long your claim will take, a solicitor from our panel could help guide you through this process.
Thanks for reading our motorcycle accident claims guide. If you would like to discuss your particular case, you can contact our advisors.