Moped and Scooter Accident Compensation Claims
If your life, or the life of a loved one, has been affected by a scooter or moped injury and someone else was to blame, we can help.
The following guide sets out everything you need to know about making a successful claim for financial compensation.
In our guide to claiming
Moped and scooter accident statistics
The majority of moped and scooter collisions are with cars where the driver is to blame.
Approximately 20,000 motorcyclists are injured on UK roads every year.
In a survey of 40,000 injury claimants carried out by Quittance Legal Services, 63% of scooter accidents resulted in more than one injury.
The latest (2019) official Department of Transport accident data revealed shows that there were 349 motorcyclists killed in 2017. This is an increase of nearly 10% on the previous year.
Do I have an injury claim?
A compensation claim should be possible if you were injured:
- in the last three years and;
- someone else was to blame.
It may be that, for example, the accident happened more than 3 years ago, or that you were partly at fault. If so, you may still be able to make a claim.
To get impartial advice on whether you have a claim, speak to injury claims expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
The amount of money you could claim for your injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
I was a passenger on the moped
If you were injured whilst riding pillion, you are still entitled to make a claim:
It was the rider's fault:
Often moped passengers feel uncomfortable about making a claim when they know the ridder personally. However, claims are pursued through the rider's insurance company. The rider would not be out of pocket if you were to make a claim.
It was another driver's fault:
If your injuries resulted from the actions or negligence of another driver, your claim would be pursued through that driver's insurer.
Read more about making a motorcycle pillion passenger claim.
Caring and sensitive support
Your solicitor will handle your injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Moped accidents are better understood by solicitors with specialist experience.
Motorcycle and scooter injury claims are a specialist area of the law. Choosing a solicitor with specific bike accident expertise will give you the best chance of making a successful claim.
Given the potential severity of a moped injury, treatment and rehabilitation can be a lengthy process. This requires a different approach as your solicitor may need to fight for future care and treatment costs.
A specialist solicitor will also be familiar with the various tricks used by insurance companies to reduce the amount of compensation they have to pay.
Insurance company tactics
If they can, insurance companies will attempt to:
- deny liability
- attempt to get you to use their preferred solicitor
- make an early 'lowball' offer in the hope you will accept it
- make a pre-medical offer so you can't claim compensation for future complications that may arise
- argue that there was contributory negligence - e.g. by claiming that you were speeding, reckless, or not wearing suitable protective equipment and clothing
- negotiate the lowest compensation payout they can.
Some insurance companies will actually make a higher initial compensation offer with a view to concluding the cases without delay. Unless your solicitor is aware of individual insurance company approaches, you won't know whether the initial offer is higher or lower than your claim is worth.
Our experience with scooter claims means that your solicitor will be highly experienced at dealing with insurance company tricks.
No win, no fee
With a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without having to pay upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee promise
Our no win, no fee guarantee means there is no financial risk in making an injury claim, even if you don't win your claim.
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you will not have to pay any legal fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Reported road casualties in Great Britain, Annual Report 2017. Department of Transport, 2018.
THINK Road Safety Campaign. https://www.think.gov.uk, 2018.
Guidelines For The Assessment Of General Damages In Personal Injury Cases. Oxford University Press, 2017.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert