Motorcycles are sometimes ridden as a hobby, for others, it’s their main mode of transportation. However, motorcycle accidents, unfortunately, do happen, and we are here to help if you have been in one. Our team could help you understand the motorcycle accident claims process.
This guide aims to explore who is able to make motorcycle accident claims, what types of compensation could form your final settlement and how a No Win No Fee solicitor from our panel could help you.
Key Takeaways
- You could start a motorcycle accident claim if you were injured in an accident which wasn’t your fault
- A solicitor from our panel could help you claim compensation
- You could claim on behalf of someone else, in certain circumstances
- You could receive general and special damages in your compensation settlement
- You must start your road traffic accident claim within 3 years of the accident
Contact Us
If you have any questions about how to start your motorcycle accident claim, you can contact us through:
- Calling us on 0800 408 7825
- Filling out our ‘contact us‘ form
- Using our built-in in live chat feature
Jump To A Section
- Who Can Make Motorcycle Accident Claims?
- Can I Still Claim If I Was At Fault?
- Can I Claim On Behalf Of Another Person?
- How Common Are Motorbike Accidents?
- How Much Compensation Could I Get For A Motorcycle Accident?
- What Could Compensation Help Me With?
- Starting My Motorbike Accident Claim
- Can I Claim On A No Win No Fee Basis?
- More Information
Who Can Make Motorcycle Accident Claims?
In order for you to be eligible to make a motorcycle accident claim, you must establish negligence. In order to prove this, three factors must be present:
- A road user owed you a duty of care
- They breached this duty
- The breach led to your injuries
Negligence forms the basis of any personal injury claim, as it demonstrates that your injuries were sustained due to someone else’s negligent actions or inaction.
The duty of care owed by all road users is that they must use the roads in a manner which avoids causing damage or injury to others. They can do this by upholding the regulations and rules found in the Road Traffic Act 1988 and the Highway Code.
An example of a breach of the duty of care could be if a third party is speeding over the limit and knocks you off your bike, when they fail to come to a stop in time at a red light, causing you to suffer a leg fracture.
For more information on the eligibility criteria for motorcycle accident claims, contact our advisors today.
Can I Still Claim If I Was At Fault?
You could still have the basis to claim if you were partially at fault. However, this could impact your compensation amount depending on how much you contributed to the accident.
For example, rule 83 of the Highway Code, explicitly states that both the rider and passenger of a motorcycle, scooter or moped must wear a helmet. If you failed to wear a helmet as a motorcyclist and suffered a serious head injury after being knocked off your motorcycle by a drunk driver, you may be able to make a contributory negligence claim.
This is because, although you were not at fault for the accident, it could be argued that your injuries would have been less severe had you been wearing your helmet.
Contact us today if you have any questions about contributory negligence and whether this will impact your compensation claim.
What Is Split Liability?
Split liability is when your compensation amount is adjusted based on how much you contributed to the accident. For example, if you were 50% liable, you would be awarded 50% of the compensation.
For example, if you and another motorist failed to adhere to the rules of a roundabout and crashed into one another, this could be deemed as a split liability case as you both contributed to the accident occurring.
To find out more about split liability and whether this applies to your claim, call us today.
Can I Claim On Behalf Of Another Person?
You can make a claim on behalf of another person in two circumstances:
- The claimant was under 18 at the time of the accident
- The claimant lacks the mental capacity to claim on their own behalf
You could claim on behalf of either of these parties as a litigation friend. Undertaking this role leaves you with the responsibility to advocate on behalf of the claimant and act in their best interests. You can apply to be a litigation friend, or alternatively, the courts can appoint you as a litigation friend.
To learn more about claiming on behalf of someone else, call us today.
How Common Are Motorbike Accidents?
In 2024, the Department for Transport (DfT) reported that 16,407 road casualties were motorcyclists, accounting for 13% of all reported road casualties.
Below, we share examples of different common motorcycle accidents.
Failure To Look Properly
The DfT displayed that between 2004 and 2023, the most common factor attributed to motorcyclists involved in either fatal or serious collisions was ‘driver or rider failed to look properly’, accounting for 3,124 casualties between 2019 to 2023.
An example of this in practice is:
- You were approaching a roundabout, and assessed that it was clear for you to join the roundabout. A car comes behind you, and it has failed to see you join the roundabout due to being distracted by their phone. The car clips the back of your motorcycle, causing you to fall off and suffer a collarbone fracture and nerve damage as a result.
Misjudging Other Road Users’ Movements
Misjudging another road user’s movements is another contributory factor in motorcycle collisions. This could occur when the motorcyclist is performing a manoeuvre, if the other driver speeds up unexpectedly or in cases where it is difficult to judge a road user’s speed or path.
The DfT report that between 2019 to 2023 3,029 motorcycle casualties were caused by a rider or driver failing to judge another person’s path or speed.
Careless Or Reckless Driving
Careless or reckless driving can be a huge factor in all types of road traffic accidents, especially motorcycle accidents.
The DfT states that careless or reckless driving was the third most common attributable factor to serious motorcycle accidents between 2019 and 2023, accounting for 2,882 casualties.
These types of accidents can happen if you, as the rider, are driving in a careless way or not using the roads in a way that avoids causing harm or damage. These accidents can also happen at the fault of a third party, if they were recklessly driving.
Exceeding The Speed Limit
The DfT also stated that between 2019 and 2023, 1,945 motorcycle casualties were caused as a result of exceeding the speed limit.
By abiding by motoring laws, both you as the motorcyclist and another road user should not exceed the speed limit for any reason.
Loss Of Control
The DfT found that loss of control contributed to 1,346 motorcycle accidents between 2019 and 2023. This is the sixth most common cause of serious or fatal accidents involving motorcycles.
A loss of control can happen due to weather conditions, speed and experience as a motorcyclist.
The above examples highlight the common causes of motorcycle accidents; however, if your claim specifics are different, don’t worry. Our friendly advisors, as part of the services on offer, can discuss claim validity with you.
Contact us today to learn if you can start your claim with Public Interest Lawyers.
How Much Compensation Could I Get For A Motorcycle Accident?
You might be wondering how much compensation you could be entitled to in successful motorcycle accident claims.
Your compensation could be comprised of two different heads of claim; general and special damages.
General damages aim to reimburse you for all the pain, suffering and any loss of amenity (e.g. not being able to participate in your usual hobbies) caused by your injuries.
The amount of compensation you could get for a successful motorcycle accident claim depends on factors such as:
- The pain and suffering
- The severity of your injuries and the injury type
- Your expected recovery period
- Your level of split liability
When your compensation is being calculated, professionals may refer to the Judicial College Guidelines (JCG), which is a framework that provides injury categories and corresponding guideline compensation amounts.
The table below shows figures taken from the JCG. Please note that these are only suggestive amounts, and the first figure has not been taken from the JCG.
| Injury | Compensation |
|---|---|
| Multiple Severe Injuries + Financial Losses (such as loss of earnings) | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Loss of Both Arms | £293,850 to £366,100 |
| Loss of One Arm (i) | Not Less Than £167,380 |
| Paraplegia | £267,340 to £346,890 |
| Loss of Both Legs | £293,850 to £344,150 |
| Below-Knee Amputation of Both Legs | £245,900 to £329,620 |
| Severe (i) Back Injury | £111,150 to £196,450 |
| Severe (i) Neck Injury | In the region of £181,020 |
| Amputation of One Foot | £102,470 to £133,810 |
Contact our advisors today to learn more about how compensation is calculated in motorcycle accident claims.
What Could Compensation Help Me With?
Compensation can help you adjust to the aftermath of your motorcycle accident. We understand that compensation doesn’t take away the pain you may be left with, but it serves the purpose of compensating you for your injuries.
Special damages will consider the financial impact of your accident. This can include things like:
- Medical costs
- Travel expenses
- Home or vehicle adaptations
- Loss of earnings
In order for you to claim special damages, you must be able to show that your accident or injuries have caused financial loss. This could be evidence like:
- Medical expenses
- Travel receipts
- Payslips
Call us today to see how compensation can help you with the fallout of your accident.
Starting My Motorbike Accident Claim
In order to start a motorcycle accident claim, you must have supporting evidence. This helps to show why your injuries happened, and why it is the responsibility of someone else. Your evidence could be things like:
- Medical evidence
- Date and time of the accident
- Details from the other road user, such as the number plate, insurance details and phone number
- Dashcam or CCTV evidence
- Photgraphs of the accident scene and your injuries
All motorcycle accident claims must be started within 3 years of the date of your accident. This is set in the Limitation Act 1980. However, there are exceptions to this time limit.
If you want to learn more about whether these exceptions may apply to your claim, contact our advisors, who are happy to answer any questions you might have.
Can I Claim On A No Win No Fee Basis?
Yes, you can claim on a No Win No Fee basis through a Conditional Fee Agreement with one of the solicitors on our panel, provided you have an eligible claim. What this means is you would not be expected to pay upfront or ongoing costs for your solicitor’s work.
If your claim is successful, your solicitor will take a success fee from your compensation. The percentage of this fee is capped under the Conditional Fee Agreements Order 2013.
If your claim were unsuccessful, you would not be required to pay for the work your solicitor has provided.
The solicitors on our panel have years of experience working on various types of motorcycle accident claims. They could help you with:
- Understanding legal jargon and the claims process
- Ensuring your claim is started within the time limit
- Advocating on your behalf to achieve a suitable settlement
- Gathering evidence to support your case
Contact Public Interest Lawyers
We hope that our guide has been useful today. If you have any questions or would prefer to talk with one of our advisors, you can contact us by:
- Call us on 0800 408 7825
- Filling out our online ‘contact us’ form
- Use our built-in in live chat feature
More Information
Read our other guides on:
- How to claim if you have suffered a fractured pelvis
- How to claim against an uninsured driver
- What to do if you have been involved in a learner driver accident
Useful External Resources:
- NHS Advice on Whiplash
- Advice for motorcyclists from THINK!
- When to call 999 from the NHS
Thank you for reading our guide on motorcycle accident claims.
