Motorcycle injury
compensation claims

If a motorcycle injury has set you back, we'll help you move forward

Motorcycle accidents can be devastating, both physically and financially. If you or a loved one has been involved in a motorcycle, scooter or moped accident, you may be entitled to compensation for your injuries.

In this article, we will explain the process of starting a motorcycle accident compensation claim, including what types of compensation may be available, who may be liable for your losses, and what steps you should take to pursue a claim.

Whether you are a motorcycle rider, a passenger, or a pedestrian who has been hit by a motorcycle, understanding your rights and options can help you navigate the legal system and recover the No Win, No Fee compensation you deserve.

With 17,000 motorcycle injuries on the UK's roads each year, you are not alone

If you've been injured on a motorcycle, you're not alone. With over over 1.2m motorbikes registered in the UK, accidents are still a relatively common occurrence, and there's support and guidance available to help you through this challenging time.

In 2022, 361 bikers were killed and nearly 17,000 motorcyclists were injured on the UK's roads.

The latest Department of Transport safety data indicates that recent improvements in safety may be reversing. Motorcycle fatalities increased by 13% from 2021 to 2022, while motorcycle traffic only increased by 12%. This represents the 2nd year-on-year increase, after over a decade of falling rates.

Although motorbikes account for 1% of UK traffic, 19.5% of fatal road accidents involve a motorcycle, moped or scooter. Over the past 6 years, over 60% of motorbike, moped and scooter accidents involved a collision with a car.

In 2022, there were 361 motorcyclist fatalities and 16,943 casualties (gov.uk).

Do I have a motorcycle injury claim?

As a general rule, you can make a claim if you were injured:

• within the last 3 years, and;
• another person was to blame, and;
• that person owed you a duty of care.

However, even if you think you were partly responsible for your road accident, you may still have a claim.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

Can I claim for another person?

Yes. 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 for them.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

What if the other driver was uninsured or untraceable?

If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).

The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.

How much compensation can I claim for a motorcycle accident injury?

The amount of money you could claim for your injury will depend on:

• the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Read more:

How is general damages compensation calculated if I have multiple injuries?

Special damages

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, motorbike damage and repairs, helmet and safety equipment, special damages can cover any care costs and medical procedures you need, such as pain medication and physical therapy.

Read more:

A complete list of recoverable losses in a personal injury claim

What if I was injured as a passenger on a motorbike (pillion)?

If you sustained an injury whilst riding pillion on a motorbike, scooter or moped, a compensation claim may be possible.

Motorcyclists have a duty of care for the safety of passengers, but passengers must also minimise any risks.

The accident was the fault of the rider

There are various considerations for a motorcyclists to take into account when carrying a passenger.

The rider should take into account how a pillion passenger changes the way a bike handles and balances. The bike's suspension and braking performance will also be affected by the additional weight.

In addition:

• The bike must have an adequate pillion seat.
• Motorcyclists without a full motorbike licence may not carry a pillion passenger.
• Passengers must be provided with a BSA approved helmet.

Passengers are sometimes reluctant to pursue a claim as they are likely to know the rider. If the accident was the fault of the rider, a claim would be pursued through the rider's insurance company, rather than the rider themselves.

The accident was the fault of the passenger

Collisions sometimes occur when a passenger does something to cause the rider to lose control. However, passengers are not usually at fault for motorcycle accidents accident.

The accident was the fault of another road user

If the accident was the fault of a third party, a claim would be pursued through the third party's insurer.

Specialist motorcycle accident solicitors

Given the severity of many motorbike accidents, treatment and rehabilitation can be a lengthy process.

Motorcycle accidents are better understood by solicitors with specialist experience.

Our solicitors' experience means that your lawyer will be used to dealing with typical insurance company tactics, such as dealing with false accusations that you were speeding or manoeuvring between traffic at the time of the accident.

How does the motorcycle accident claims process work?

Your solicitor will ask you about how the road accident happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

By law, all drivers must have insurance to cover the cost of injury compensation claims. Even if you were injured by an uninsured or untraceable road user, a claim may still be possible.

We can help you make a motorbike accident claim on a No Win No Fee basis.

Cycle accident case law

There are several precedents that apply directly to cycle and motorcycle accidents:

• In Reynolds v Strutt and Parker [2011], the court found that a cyclist's compensation should be reduced because they failed to wear appropriate safety gear during a race.
• In Smith v Finch [2009], the defence also claimed that the injured cyclist's compensation should be reduced, because they were not wearing a helmet at the time of the accident. The judge rejected this argument on the basis that wearing a helmet would have made no difference to the severity of the claimant's injuries.
• In earlier case, Capps v Miller [1989], the claimant's compensation was reduced because they had failed to fasten their helmet.
• Although not directly related to cycling, Owens v Brimmel considered whether a passenger's compensation should be reduced because they knowingly rode with an intoxicated driver.

Given the life-altering severity of many motorcycle accidents, the courts are often reluctant to reduce a rider's compensation unless their actions or negligence had a material impact on their injuries. For example, not wearing leathers or other protective gear won't affect your ability to claim if you would have sustained serious injuries regardless.

Motorcycling injury FAQ's

Why do most claims never go to court?

Solicitors settle the vast majority of claims out of court.

Around 2% of motorcycle 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

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 feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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 376 1001 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.

Do I need to visit a solicitor's office?

There's no need to visit your solicitor's office in person if you are thinking about making a motorcycle injury claim.

You can talk to a legally-trained advisor about your accident or injury, before you choose to start a claim.

Once you do start your claim, a road accident solicitor will take you through each step. Your lawyer will be with you throughout the process, from your initial questions to the day you recieve your compensation.

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

References

Reported road casualties in Great Britain, Annual Report 2017. Department of Transport, 2022

THINK Road Safety Campaign

Guidelines For The Assessment Of General Damages In Personal Injury Cases. Oxford University Press, 2022

Citations

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.