A guide to making a No Win No Fee motorcycle accident claim
Motorcycle accidents account for nearly 20% of serious injuries and fatalities sustained on UK roads - even though less than 1% of vehicles is a motorbike. 331 motorcyclist were killed in 2013 and a further 4,866 were seriously injured.
Although 2013 statistics are an improvement on 2008 figures (493 fatalities and 5,556 serious injuries), motorcyclists are still more exposed to the negligence or recklessness of other road users than drivers are.
The vast majority of motorcyclists ride with due care and attention and it is estimated that car drivers are to blame for approximately 2 in every 3 accidents.
Many bikers choose a defensive riding style and 'go over and above' with protective gear. Despite this personal injury claims are sadly all too common.
What are the criteria for a biker making a successful claim?
An injured motorcyclist could be able to make a compensation claim if the accident occurred within the last 3 years and was the result of another driver or rider's negligence or recklessness.
You will also need to be able to establish that your injury resulted from the accident and that the Defendant was legally responsible for the accident.
If there was blame on both sides a split liability agreement may be possible.
How quittance help injured motorcyclists
Quittance's solicitors have helped hundreds of injured bikers to successfully claim compensation for injuries resulting from:
- Defective, potholed and poorly maintained road surface accidents
- Road spillages
- Uninsured driver and hit and run incidents
- Defective motorbikes
- Defective safety wear including faulty helmets
We are also used to dealing with false accusations that the rider was speeding.
Making a claim through the MIB
If you have been injured in an accident with an untraced or uninsured driver, it is still possible to pursue a compensation claim via the 'Motor Insurers Bureau' or 'MIB'. The MIB was set up to ensure that people injured in accidents with uninsured or untraceable drivers still have a route to fair and prompt compensation. You do not need to engage the services of a personal injury solicitor to pursue a claim via the MIB - you can apply directly. Some people prefer to work with a lawyer however as independent legal advice can help guide people
How much compensation can you get for a motorbike accident?
Motorcycle accidents can be life-altering. Compensation settlements or awards will factor in:
- the severity of injuries sustained
- medical treatment and care costs
- anticipated future treatment and care
- loss or reduction of mental or physical capacity
- general pain and suffering
- lost earnings during recovery and if unable to return to work
- damage to the motorbike and protective equipment
- other expenses including travel costs and potentially property damage
Awards are set out by the Judicial College guidelines for personal injury awards in the form of bracketed minimum and maximum amounts.
The guidelines are used by insurers when proposing a settlement, and are applied when Courts calculate awards.
In some matters an accident or illness can cause an existing injury to worsen . A claim may also be possible under these conditions.
For a better estimate of what you claim could be worth, call us on 0800 612 7456 or try our Enhanced Compensation Calculator.
How long does it take to get compensation?
Motorcycle accidents are considered in the same way as general road accidents. This means that if the claim is estimated to be worth less than £25,000, they can be fast tracked (usually in less than 6 months) through a system known as the 'Claims Portal'.
If the case dies not meet the portal criteria or is more complex or contentious, it could take longer. Split or denied liability will probably protract the case.
The vast majority of claims are settled by insurance companies.
Sometimes it is better for the injured rider to reject an initial offer to settle as this strategy can result in a larger award.
Guaranteed No Win No Fee motorcycle injury claim
A no win no fee contract (more correctly called a CFA or Conditional Fee Agreement) is put in place between a claimant and a PI solicitor.
A no win no fee agreement is the conditions under which the solicitor acts for the claimant.
The contract details what the lawyer will do as well as how they will be rewarded if your legal case is successful.
If you use a Quittance solicitor for your motorcycle injury claim there are no additional costs in the terms and conditions , no up-front fees and the reassurance that you wont be out of pocket.
Gathering enough information to help you decide whether to claim can be a challenge.
You may find answers to your questions in our FAQ section.
Quittance also offer a free Compensation Claim Report (CCR) which offers bespoke information on your accident including:
- possible compensation awards
- factors affecting the duration of the claims process
- issues that can affect the chance of success
The CCR will help you decide if and when to claim for compensation.
If you are ready to speak to a claims expert you can call 0800 612 7456 for a no obligation consultation or alternatively you can arrange a call back at a time that suits you.