Motorcycle Accident Claim

Motorcycle accident claim

There are over a million people traveling by motorcycle in Great Britain, and though motorcyclists are involved in far less accidents than other road users, it is all too apparent that when a collision does take place, the injuries suffered are usually more severe, and fatalities are far more likely – that is why specialist legal advice must be sought when bringing a personal injury motorcycle accident claim in order to seek compensation for losses, expenses and injuries as a motorcyclist after a motorbike accident.

Under the Highway Code motorcyclists are specifically recognised as ‘vulnerable road users’, however, it is clear that other road users still do not pay enough attention, and that traveling on a fast and agile two-wheeler amongst other traffic still represents a disproportionate risk to motorcyclists, considering that year on year statistics show that even though motorcyclists usually make up only around 1% of all road users, they are involved in around 20% of road traffic accidents meaning a high risk of suffering a motorcycle accident injury.

Motorcyclists are particularly at risk of being injured in an accident, as their body is more at risk to a direct impact as you are not protected by an external structure, meaning that motorcycle accident injuries are usually more severe, making motorbike accident claims more complex, and motorbike injury compensation, and therefore motorcycle claims generally, a serious issue for insurers and solicitors alike. A motorbike injury claim will be vigorously defended by an insurer if the see any weakness on the part of a solicitor.

The risk of sustaining severe injuries and permanent debilitating conditions is very high, with around 2% of accidents leading to fatalities, overall, the most recent UK Government statistics show that out of over 13’000 annual incidents involving motorcyclists, nearly 300 involved fatalities, over 4000 suffered serious injuries, and nearly 9000 suffered slight injuries.

What are the most common types of motorcycle accident?

In contrast with car accident statistics, the numbers do not indicate that the age of a motorcyclist is a contributing factor, which could indicate that the skill of the motorcyclist does not correlate to the likelihood of an accident taking place, and that the key factor is actually the skills and wariness of other road users. The most common type of accident tends to be 1 car (around 63% of incidents) at a junction (around 35% of incidents), and the main contributory factors for both drivers and riders at fault being failing to look properly, failing to judge the other persons path or speed, undertaking a poor turn or manoeuvre, or being careless, reckless or in a hurry.

Motorcyclists know all too well that the (lack of) knowledge and skills of others, as well as poor road conditions and other factors can have an impact on your life, and that as a motorcyclist, the ramifications of being involved in a road traffic accident will likely be more severe and potentially life-threatening, causing life altering situations for both you as the motorcyclists and your families and friends.

1. Emergency Services – dial 999

 Ambulance

If any of the participants feel pain or are injured, call an ambulance.

  Police

If the perpetrator drove away from the scene, broke the law or you suspect that they were driving under the influence of drugs, call the police.

If there is no very serious injury, you can also submit your application by phone, the police will likely accept the report and instruct you to exchange data with other participants in the incident.

As witnesses the police are independent and have authority, therefore, if the police attend the scene of the accident, you must ensure that you take the time to speak to them as clearly as possible and make sure that they record your version of events, also, ask the police to explain their understanding of the events to you so that you can correct any mistakes. Once the police draft their report it is hard to request amendments, and any mistakes could mean that you are seen to be liable when that should not be the case.

2. Persons involved in the accident, riders, drivers and passengers.

Are all those involved safe? Check if anyone is in immediate danger.

Do not put yourself at risk, and ensure that you contact the emergency services where someone is visibly injured or requires rescue.

3. Accident location – evidence of the circumstances of the incident

If the incident took place at a location where the vehicles involved or debris creates the risk of another incident occurring, where it is safe to do so, take steps to reduce the risk to other road users, and ensure you report the immediate situation to the emergency services by calling 999.

4. Take photographs

Where it is safe to do so, you must ensure that you take photographs of the incident aftermath before any of the vehicles move to ensure that the actual circumstances of the collision are clearly recorded.

Take photographs and note down the most important information and details, such as:

• Vehicle registration numbers – necessary to trace insurers for a compensation case.
• Geographic location of the event: road names, landmarks, speed limits – necessary information for a compensation case.
• Driver name, address, appearance – very helpful when determining who was operating the vehicles.

Photographs of vehicles and places

Such images can be very helpful in determining liability in a motorcycle accident claim, it is hard to prepare for situations such as a road traffic accident, however, immediately taking photographs can protect your position, as if vehicles are moved then this can allow false allegations to be raised, and without evidence to the contrary you may be drawn into an argument that could have been avoided when it comes to determining liability.

A good example is if you were overtaking in slow moving traffic and a car pulls out without checking their blind spot, it is common for drivers to suggest that you were travelling too fast, however, if the vehicle damage is minor and you have images showing that your motorcycle did not skid too far following the collision this can completely undermine the false allegations being raised against you.

5. Witness information

Whether or not the individuals were involved in the incident or are independent of both parties, the name, address and telephone / email contact details of any potential witnesses must be taken down as their involvement can be invaluable in determining liability for a motorcycle accident claim.

Evidence in legal cases is incredibly important, and when the circumstances are being disputed between both sides (known as a ‘conflict of evidence’), independent witnesses are invaluable and can assist the parties in the truth of the matter – if there is a potential witness, acquiring their contact details can really make the difference in successfully defending yourself against any allegations from the third party and ensure you recover the correct amount of compensation.

6. Injury photographs

Independent evidence of injuries, whether minor or not, can be very useful when determining the amount of compensation in a motorcycle accident claim.

It is useful to be able to provide a timeline of your injury symptoms, therefore, take photographs of the initial state of your injuries, and at regular intervals thereafter (daily or weekly) and when the appearance alters significantly (lacerations>stitches/sutures>wound healing>scarring>skin completely recovered) and ensure you record the date of the images.

Compensation for motorbike accident – who is entitled to compensation?

All persons who have suffered injuries, losses or expenses as a result of the negligence of another person can pursue personal injury claims arising out of a motorcycle accident, including any passengers in any of the vehicles (including vehicle whose operator is at fault for the incident).

If the fault party accepts liability at the scene this can be straightforward, however, if the other party decides to reject liability the situation can become more complicated for everyone involved. There are some examples below of situations in which motorcyclists are at a disadvantage in comparison to other road users, and in such situations specialist knowledge of motorcycle accident claims is important to ensure you receive justice.

Instructing a solicitor on a no-win-no-fee basis to pursue your personal injury claim means that you have access to legal advice regarding the value of your claim and in relation to any issues regarding liability or otherwise, with no risk to you.

How long does it take to get compensation?

If liability is dealt with at an early stage we will resolve your motorcycle accident compensation claim within a matter of weeks/months – even if liability is denied we will still aim to resolve your claim as soon as possible with our specialist knowledge of dealing with motorcycle accident claims.

If you have complex or serious injuries it may take time to complete your claim as medical evidence may happen in stages as the full extent of your injuries might not be immediately possible to ascertain, Progressive Solicitors will ensure that your evidence is completed as quickly as possible, and that in the interim before settlement, you receive any treatments or rehabilitation that is required.

If liability is disputed and court proceedings are required to determine fault for the accident, we will advise you regarding any risks before proceedings, we will protect your interests and explain the procedure to you before taking your instructions.

Motorcycle accidents tend to see those who were travelling via motorcycle suffer more than the occupants of a car or other 4 wheeled vehicle, this is because the injuries sustained are likely to be more severe and the losses and expenses more extensive.

There is no maximum compensation limit, the amount is determined by guidelines that are regularly reviewed by UK judges, and reference is also made to case-law to draw comparisons with previous motorcycle accident claims, however, should no agreement be reached a judge would be the one to decide the amount of compensation.

It is the responsibility of Progressive Solicitors to acquire evidence to ascertain the reasonable value of your claim (i.e. how much would a judge likely value the claim at) before negotiating an amount as much in excess of this figure as possible, we have to act in your best interests, in protecting you from costs and in recovering as high an amount of damages as is possible considering the specific circumstances of the claim.

The principle underpinning personal injury cases in England and Wales is to put you back in the position you were in before the accident happened, or as close as is possible, a compensation claim is intended to recover injury damages until you recover, or an amount reflecting that you will be permanently affected by your injuries; similarly, your damages for losses and expenses will cover anything arising from the accident, including permanent changes to your earnings if your ability to work has been impaired.

If you want an outline valuation of your injuries before proceeding with your claim we can provide you with this information, however, it is impossible to confirm this accurately without medical evidence.

You can claim for losses and expenses in addition to your injuries, and you can also recover damages for ‘future losses’, such as future lost earnings or care costs if your symptoms have caused you some form of permanent impairment.

How to claim for the compensation?

In the United Kingdom, it is highly likely that your details will be spread far and wide by individuals attempting to profit from your misfortune, we can only advise that you seek representation from a qualified solicitor under a no win no fee arrangement (using a conditional fee agreement) with no financial risk to yourself.

If you contact Progressive Solicitors, you will be represented by a law firm with extensive experience in representing those who have suffered as the result of the negligence of another road user, we have the expertise to assist you and we will protect your interests and act on your behalf via a no win no fee agreement, this means you do not have to worry about legal fees.

You have more of a chance of a successful claim as you will be represented by an experienced legal professional rather than unqualified staff.

If you have suffered a life changing injury we understand that your claim will have to be dealt with accordingly as your quality of life may be permanently affected.

What’s next?

We will take initial instructions from you and understand why the accident was not your fault, and remember, if you were partially at fault you can still pursue a claim – just go through the circumstances of the incident with us and we will advise you accordingly.

If you want us to deal with your insurance company we can do so on your behalf, we will deal with the claim entirely and leave you to focus on your recovery.

Everything you need to know about motorcycle accident compensation.

We understand that motorcyclists do not like to be treated in the same way as car drivers, and we know that this is because the experience of a motorcyclist on the road is incredibly different, you see the road different and many accident occur because of a lack of awareness of other road users and the skills needed to navigate a motorcycle accident claim are different to the usual road traffic accident claims process.

Motorcycle accident claims are registered using the same claims portal as other road traffic accidents, however, for Progressive Solicitors, that is where the similarities end, the fact that a motorcycle accident happened means that a motorcyclist may have suffered multiple severe injuries, and or be immediately incurring losses and expenses due to being incapacitated, we know that your claim has to be treated differently than a normal road accident, you may have several injuries or have been hit by an uninsured driver, what ever the complication is we are here to help you.

The claim will be at no financial risk to you, as it will be a no win no fee claim, you can progress your claim online if that is more convenient, it doesn’t matter if you do not have a serious injury, we understand that personal injury claims of all types should be treated professionally, and we will do what it takes to make your motorcycle accident claim a success.

What will happen to my motorcycle after a road traffic accident if it is undriveable and placed in to storage?

If your motorcycle was taken off the road by the police or an independent recovery company, you must make sure that you have the details of the location where the vehicle will be stored, including the postal address, contact telephone number and email address.

Issues to consider when your motorcycle is placed in storage after an accident:

• Who has agreed to cover the storage costs and what is the maximum possible amount for which a refund can be requested?
• Leaving the vehicle for weeks and expecting the insurer to pay for it -without first discussing this with your insurer- can be a mistake and leave you with an expensive bill. The storage company can ask you to pay the bill, and the cost per day can be as high as £20 or even more!
• If you are unsure about your storage agreement, please contact us for advice immediately, we can potentially have the vehicle transported to different location with no cost risk to you.
• Has anyone been instructed to perform a vehicle damage report?
• Will the money recovered for vehicle repairs or pre-accident value be paid to you by your insurer or the third party?
• Will you receive cash to repair the vehicle yourself, or will your vehicle be repaired before being returned to you?
• If the vehicle is determined to be a total loss, will the vehicle be disposed of or returned to you?
• Should your vehicle be detained as evidence regarding the accident circumstances or the force of the impact?

If a vehicle damage report is required we can instruct an independent professional assessor to undertake the task at the third party insurer’s expense; the report will provide information relevant to the claim, including:

• Is the vehicle roadworthy (despite the current level of damage)?
• Does it make economic sense to repair the vehicle or should you receive a payment of the current market value to replace it?

As you can see, there are many issues that need to be considered when your motorcycle is taken into storage following a collision, we would always recommend seeking independent legal advice from a solicitor on a no-win-no-fee basis if you are unsure about your situation following a motorcycle accident, so that we can develop a strategy that will minimize costs and achieve your goals, as well as increase the chances of success if the issue of liability is in dispute.

If you would like more information on compensation in your situation, please call us on 0208 4342 669, together we will discuss the strategy and your needs.

You will need the following information:

Accident details, including the date, time and location.

Details of all those involved in the collision, including drivers, passengers, witnesses and if the emergency services attended.

Your personal details, name, address, contact numbers etc.

We can process your injury claim entirely online or in paper, and we can arrange in-person meetings where possible.

Our approach – what we will do:

Progressive Solicitors are happy to deal with your matter in the traditional paper correspondence format, however, if you would prefer to manage your personal injury claim online this will not affect the service you receive at all, even if you are pursuing a serious injury claim.

If you do not win your claim, you will not be charged, the no win no fee arrangement means you will not be charged (in accordance with the terms and conditions of the no win no fee Conditional Fee Agreement).

Motorcycle accidents vary greatly from the more traditional ‘car-based’ personal injury road traffic accident claims. A motorcycle injury claim will be handled much differently. National accident law is interpreted differently depending on the nature of the incident, and it is important to distinguish between cars and motorbike accidents when pursuing a motorbike accident claim. Not all motorbike accident solicitors understand how differently the relatively similar circumstances can be treated under the same national accident law framework.

Motorbike accident solicitors will understand the important steps to take in a motorbike accident claim, it is not just a case of how much compensation you receive, but also ensuring that the claim is dealt with properly from the outset, as insurance company claims handlers are adept at trying to oppose motorcycle accident claims making such claims more complex, almost akin to making a no win no fee claim for medical negligence!

Motorcycle accidents resulting in soft tissue injuries sustained as a direct result of the collision are accident claims that can make a motorcycle accident claim for injury in England relatively straightforward if liability is not an issue. If liability is not admitted, it may mean that you might want to consider legal expenses insurance (which we can discuss with you), this would not undermine the position that the matter is a no win no fee claim.

Accident claims can recover damages for you as an injured person, not only for your physical injuries, but also for your psychological injuries, losses, and expenses.

The most common types of injuries suffered in motorbike accident claims are arm injuries, a crush injury, a knee injury, soft tissue injury, a neck injury, a head injury, minor head wounds, however, it also possible, due to the exposure of the rider to a higher likelihood of damage, that a more serious injury claim may be required, it is here that Progressive Solicitors can make a real difference, as our specialist knowledge of dealing with the full spectrum of personal injury law, from medical negligence claims through employment related injury claims, to claims against local authorities, product manufacturers and others, means that whatever type of injury or loss or expense you have suffered, we can claim compensation for you in our capacity acting as your motorcycle accident solicitors.

Progressive Solicitors understand that it is highly likely that your instruction to us after your motorbike accident might be your first ever contact with motorcycle accident lawyers and that you may not understand the details of presenting a no win no fee compensation claim, please feel free to use our contact details like a national accident helpline at any time, we are here to help you make a motorcycle accident claim.