Road Traffic Collision: Motorcycle Claims

Motorcyclists can feel as if the odds are stacked against them: there is a common perception amongst some members of the public that motorcyclists travel faster and take more risks than the other road users.

However, most motorcyclists are acutely aware of their vulnerability on the roads and will often automatically take extra precautions when riding to allow for mistakes of other road users.

There are numerous studies showing that car drivers find it harder to notice motorcyclists at junctions – and frequently do not notice motorcycles, even when they are clearly there to be seen.

After a collision, there can be differing accounts of what has happened. The police will usually attend and secure accounts from the drivers and witnesses, and they will also carefully document the physical evidence at the scene – typically marks on the motorbike and where it comes to rest, debris on the road and locked braking marks.

There may be CCTV or dashcam footage, or data from ‘blackbox’ recorders in modern vehicles, confirming speeds and movements involved. All of these can be used to make sure that any claim you bring is based on facts, rather than preconceptions.

What if the police did not get a conviction?

If the police do not secure a conviction against the driver, it does not have any effect on whether you can bring a claim. The police will investigate whether someone has committed a crime and will need to prove it beyond a reasonable doubt.

To bring a personal injury claim, you will need to show that the other driver probably made a mistake which led to the collision.

My insurer has already put me in touch with solicitors

When you have had a collision, your insurer will often refer you to a solicitor and you may be told this will be funded as part of your insurance.

The insurer usually chooses your representation based on how much they pay to the insurer to be given your details – either directly or indirectly.

They may have to agree to deal with all of the work from that insurer, including claims with minor injuries or damage to the vehicle only. The solicitor will typically look to employ the cheapest staff possible to handle the claims, rather than a specialist in life-changing injuries.

However, it’s important to note that you are entitled to choose a solicitor for yourself -and so you can reject your insurer’s recommendation at any time, including changing solicitors to a specialist during the course of your claim.

If you have a pillion passenger, it’s likely that they will need to be separately represented in all but the most straightforward of claims.

What if the car that hit you isn’t insured?

In the event that you are hit by an uninsured driver, your claim will proceed against a body called ‘The Motor Insurers Bureau’ who will act in the same way as an insurer would and will be responsible for compensating you in full.

There are certain additional steps that your solicitor will need to take, but otherwise the claim can continue as normal.

What if I don’t know who the driver was?

If you don’t know who the driver was, or even the vehicle, you can still submit a claim to the Motor Insurers Bureau under their ‘untraced’ scheme. This scheme is slightly less favourable, but should still allow you to access significant compensation.

What if you made a mistake too?

In the event that you were partly to blame for the collision – such as driving too fast or not keeping a good enough lookout – then you will not lose your ability to claim compensation.

Instead, your compensation may be reduced to reflect the risk of injury from your own mistake.

What if the collision was deliberate?

Collisions can happen deliberately as people use their vehicles as weapons and intentionally inflict damage. The other driver may feel that they have been provoked in some way so that you have contributed to what has happened.

Our solicitors have taken on difficult cases to establish that where the collision is deliberate, provocation is irrelevant, and that victims of such incidents are entitled to full compensation.

What if damage to the road caused the crash?

You will be acutely aware that hitting a pothole on a motorcycle can be highly dangerous. The law does not require all roads to be in perfect condition, but when a pothole reaches a certain depth then the local council is under a duty to repair them.

If you or a loved one has suffered a life-changing injury when riding a motorcycle, and you would like to discuss making a claim, please contact our team on 03333 058375 or email to [email protected] today. We’re here to help you.