Motorcyclists make up less than 1% of vehicle traffic according to statistics, yet riders suffer 14% of total deaths and serious injuries on Britain’s roads (Source). The most common type of motorcycle accidents involve right of way, loss of control on bends, and overtaking manoeuvres gone wrong.
The motorcyclist is vulnerable, and every year there are thousands of casualties following motorcycle accidents, of which many are sadly serious.
The most common compensation claim for motorbike accidents usually involves other vehicles where the drivers do not see the bikers; this is followed by pothole accidents (cases against councils for failure to maintain the roads that cause severe motorbike accidents), and then there are the cases where a spillage on the road has been the cause of the accident – with this type of accident usually claimed through the Motor Insurance Bureau as the vehicle responsible for the spillage cannot be traced.
If you’re a biker and you are involved in a road traffic accident, the first thing you should do is seek medical attention and have your injuries checked out.
Take pictures of your injuries and also of any damage made to your property; your bike, helmet, gloves etc. There are special rules that apply to helmets damaged in an accident and you’re entitled to claim 100% of its value – unlike other property that is damaged, where the full amount of your loss will not normally be recovered, as there is an element of betterment applied.
Your insurers may provide you with the name of a company that could deal with your claim for you. It is often wise to avoid insurance referred claims companies and solicitors, as they’ll normally pay a ridiculously huge referral fee just to take on your claim. This can lead to a deduction of money from your payout, or poor service as your solicitor cannot afford to run your claim to the best of their ability with less money in their budget.
You’re not under any obligation to proceed with this company, so it is advisable to contact an independent injury lawyer to provide you with free, no obligation advice, before you agree to anyone acting on your behalf. Independent lawyers will not pay your insurer for your claim and most reputable firms work on a no win no fee basis where you will receive 100% of your compensation payout.
At the same time, you’ll probably have the third party insurer contacting you with an offer to settle with them directly. This is not advisable before you have taken some expert advice. When an offer is accepted in this manner, it will normally be what is termed as a full and final settlement amount. This means that if you have not recovered from your injuries, or you have had to have more time off work that you cannot claim back for. Any treatment for your injuries, or if you discover any further losses as a result of the accident, cannot be claimed back as the claim cannot be reopened once it is settled.
With a proper independent personal injury lawyer, most financial losses will be compensated for. Where your injuries prevent you from working for a period of time, or in severe cases where you are unable to return to work, compensation is calculated accordingly to reflect your loss of income. All medical expenses and medical treatment is accounted for, including travelling to and from the hospital/surgery for appointments. Repairs to your bike can also be claimed for.
The law allows a limitation period of 3 years from the date of accident to submitting a claim. If you have been involved in an accident and you are not sure what to do, contact The Injury Lawyers for free advice on how you should proceed.
