Motorcycle Accident Claim
Unfortunately your chances of having to process a motorcycle accident claim throughout your riding career are high, so I think that it is vital to be prepared. In most circumstances in England & Wales you can only claim compensation if someone is legally to blame for your accident. You must also have suffered some actual loss: damage to your bike and equipment and/or injury. Under English law you cannot process a motorcycle accident claim just for the unpleasant experience of being involved in an accident.
To help you in the unfortunate event of having to make a claim, I have included the following sections:
- Suggested Solicitors
- Tips on how to prepare for your motorcycle accident claim
- Your motorcycle accident claim statement/a>
- What if no other vehicle was involved in the motorcycle accident?
- What if you were partly to blame for the motorcycle accident?
- Payment with a solicitor
Suggested Solicitors
Dont forget to read my section on payment with a solicitor before you contact one of the guys below. Also this is very important - it is absolutely free to make a claim or to enquire so dont be afraid of contacting both solicitors and comparing the service before you commit
| UK Solicitors | |
|---|---|
| Provider | Comments |
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Irwin Mitchell are specialists in Motorcycle Accident Claims, with a highly credible reputation. The claims are simple and you can expect a speedy response. |
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BGR Bloomer Solicitors are specialists in Motorcycle Accident Claims. They only employ fully qualified solicitors to handle your case and they do not charge you for any of the work they carry out on your behalf. |
Tips on how to prepare for your motorcycle accident claim
- You must exchange your details with all motorists involved in the accident
- You need to get their registration number, make, model and colour of the motorcycle, name, address, telephone number
- You must collect details of road names, direction, road signs and speed limits
- Try to get details of witnesses who may have seen the accident
- You need to collect as much evidence as you can. It may even be worth your while returning to the scene later. This is vital in
processing your claim
- If you or someone close to the scene of the accident has a camera, take pictures of as much as possible
- If someone is injured, you must notify the police
- If you are injured, you should must go for a check up, as you will need proof of this for any personal injury motorcycle accident
claim that you may wish to make in the future
- Do not admit liability, even if it is obvious that you were in the wrong. Of course there is no reason to accuse or be rude and
chances are that the more courteous you are, the less likely the other party will be to lie in their claim
- Don't accept a payment at the scene - you may not be aware of the cost of repair or the extent of your injuries>
- Keep receipts of an any expenses resulting from the incident for your motorcycle accident claim
- Go and speak to a solicitor as soon as possible. In English law you have 3 years since the date of your accident in which to
issue court proceedings, and if you leave it too late many solicitors will not be very willing to help you as there may be a substantial
amount of work to be done before the case can go to court
- Keep a pencil, some paper and a disposable camera under my seat. I also keep meaning to get a copy of the high way code so that in the event of an accident I can solve any disputes, making the motorcycle accident claim simpler to process
Your motorcycle accident claim statement
- Your statement in your motorcycle accident claim needs to be as detailed as possible
- Put the most obvious detail down, and be honest if there are things that you are unsure of
- Your statement needs to tell your insurer what happened. State the lane you were in, the position and direction of the other
vehicle when you first noticed it , the speed and direction you were going and try and estimate their speed if necessary
- Go through the incident in as much detail as you can. In your motorcycle accident claim and think of everything that is in your
favour, such as having your lights on, flashing or honking your horn, or wearing high visibility clothing
- Clearly state the actions of the other motorist
- State if you think they could see you in your motorcycle accident claim
- You also need to state who was in the wrong, as well as your point of view on how the accident could have been avoided
- If it was their fault say what they did wrong. Mention things like whether they indicated
- Try to include a diagram in your motorcycle accident claim if it helps clarify the situation
- There is always a possibility that the other driver is not insured. In which case your motorcycle accident claim will need to
be dealt with by the Motor Insurers' Bureau, which has very strict reporting requirements, and this is even more reason to report your
incident as accurately and as soon as possible
- The time in which you must claim however can be as little as 5 days and at most 14 days
Note: The M.I.B.( Motor Insurers' Bureau) is a civil body set up to provide a central fund for the compensation of victims in accidents involving uninsured or untraced drivers, and so if your accident was caused by someone who drove off without giving you any details, or is not traceable, or is uninsured, you can still claim.
If no other vehicle was involved in the motorcycle accident
- If you've had an accident for no apparent reason, it may have been a result of poor road surface
- Therefore if you can prove it was due to poor surfaces, you may be able to make a motorcycle accident claim
- You’ll need to collect evidence of the fault
- You will also need to keep your receipts for repairs and injury
- The most common accidents are caused by defects on the pavement. E.g. something that has spilled onto the road, badly carried
out repairs or grids that have been put in the wrong way
- The guideline for defects is that the obstacle must be 1 inch above the road. So if you are able to take a photograph, find some
sort of identifiable measure to represent the size of the obstacle
- Be advised that as these types of motorcycle accident claims are more difficult to prove. They do take longer to settle – about a year to a year and a half
If you were partly to blame for the motorcycle accident
- You can make a motorcycle accident claim if there was at least one other party involved. It is called contributory negligence and the principle is that even though
we must consider the safety of others on the road, we also need to take responsibility for our own safety
- Compensation will be calculated as a percentage. So for example, if you were 15% to blame and the other party was 85% to blame then you will be compensated accordingly. For example, if you were awarded £10 000 you will only actually be paid out 85% of it - £8500
Payment with a solicitor
- Most times you will enter into a contractual relationship with a solicitor known as a ‘no win, no fee basis The official name is a
conditional fee agreement
- This means that you will not have to pay out any money to make your motorcycle accident claim. The general rule in civil court cases
is that the loser in the case pays the winner's legal fees
- This means that if you win, the other party will not only pay for your damages but also for fees incurred in making the motorcycle
accident claim, the case and the disbursements
- If you loose your case, then your solicitors will not get paid their fees. If you win, they will be entitled to a success but the good news is that this is payable by the other party and not you
I hope that you never have to make a motorcycle accident claim, but it is always better to be prepared in the case that you do.