Motorcycle accident claims
In theory, motorcyclists should be the safest road users. They face more tests, can only ride certain bikes depending on their age or experience, and arguably have more general road awareness, given that most bikers also drive cars.
Despite this, statistics show that motorcyclists get hurt – and when they get hurt, they usually come off worse. This is reflected in the latest figures from Transport Scotland which recorded 465 motorcycle casualties, of whom 278 (60%) suffered serious injuries and 25 died, a decrease of 5 fatalities over 2021.
Anyone who rides a motorcycle knows that choosing two wheels instead of four comes with a degree of risk but this does not mean they should expect to be injured – and it certainly doesn’t mean they should forfeit any legal rights in the event that something goes wrong.
Can I claim compensation if I’ve been in a motorcycle accident?
If you find yourself in the unfortunate situation of being injured in a motorcycle accident that was not your fault, it is crucial to understand that you have a legal right to seek compensation from the responsible party. This right applies to both rider and the pillion passenger that is involved in the accident.
At Digby Brown, we firmly believe in the importance of following the proper legal process and obtaining independent legal advice, which may not necessarily come from your own motorcycle or motorbike insurer.
To ensure that you receive the rightful compensation for your damages, it is essential to thoroughly investigate the circumstances of the accident and the injuries you have suffered. This comprehensive investigation allows us to accurately assess the level of damages you should be entitled to.
Remember, seeking legal advice and representation is crucial to navigating through the complexities of the claims process effectively. At Digby Brown, we are here to provide you with the expertise and guidance you need to protect your rights and secure the compensation you are entitled to.
This is because motorcycling accidents tragically often lead to severe head, brain, or spinal injuries that may mean that the individual involved in the accident is unable to act on their own behalf.
Our team will collaborate with you to ensure the claim is made in the best interests of your loved one. We are here to guide you through the process and provide advice on how to proceed with making the claim on behalf of someone else.
In the devastating event of a fatal motorcycle accident, we understand that nothing can ever replace the loss you have experienced. However, seeking compensation can help alleviate some of the financial burdens that arise in the aftermath. Our compassionate team will always respect your needs and support you at your own pace throughout the process.
What is the motorcycle accident claim process?
A motorcycle crash adheres to exactly the same claims process as any other vehicle on the road - the difference being the other vehicles offer significant protection to their drivers whereas the biker is a lot more vulnerable to serious injuries.
As per any accident, you should inform your insurer, and the police, and seek medical help for any injury you may have sustained.
The only way you can properly work out how much motorcycle accident compensation you are entitled to be by using an independent legal firm, such as Digby Brown. This way, your motorcycle accident claim can be thoroughly investigated and assessed to calculate your losses.
We have the expertise, resources and reputation to investigate and address complex issues of any motorcycle accident injury claim including:
- Your pain and suffering
- Access to immediate physiotherapy
- Private medical expertise to assess short and long-term issues from your injury
- Damages to your motorcycle and the cost of repairing or replacing it
- Damages to other equipment, helmet, gloves, personal possessions
- Ongoing and future care needs
- Loss of earnings
- Other expenses arising as a result of your motorcycle accident (such as motorcycle hire)
Time limits for making a claim
If you have been in a motorcycle accident and wish to seek compensation, you are eligible to make a claim within 3 years from the date of the crash. For cases involving children (pillion passengers) under the age of 16, the compensation claim can be made until they turn 19, regardless of the year of the accident.
However, we advise that you claim promptly to ensure that essential details such as witness statements are precise. This can also simplify the process of staying informed of significant updates, especially if the police are involved. In such cases, criminal evidence can be gathered and included in your investigation for a civil claim.
- The nature of your injuries: The severity and complexity of your injuries play a role in determining the time it takes to settle your claim. More severe injuries may require a more extensive investigation and evaluation.
- The length of your recovery: The time it takes for you to recover from your injuries can impact the duration of the claim settlement process. It is crucial to wait until you have reached a stable point in your recovery before finalizing the claim.
- Ongoing medical treatment: If you require ongoing medical treatment for your injuries, it can prolong the settlement process. It is important to consider the full extent of your medical needs before reaching a settlement.
- Admittance of liability from the other party: If the other party involved in the accident accepts liability, it can expedite the settlement process. However, if liability is disputed, it may take longer to reach a resolution.
- Loss of earnings: If you are unable to work due to your injuries, the impact on your income will be taken into consideration during the settlement process. Assessing the loss of earnings accurately may require additional time and documentation.
- Impact on your future work and life: Evaluating the long-term consequences of the accident on your future work and quality of life requires careful consideration and may contribute to the duration of the settlement process.
It is important to note that each case is unique, and even seemingly similar cases can have different variables. It is important to understand that the duration of settlement can vary based on the specific circumstances of your case. Our experienced team will work diligently to ensure that your claim is handled efficiently and effectively, striving to secure the best possible outcome for you.
What causes motorbike crashes?
Our Motorcycle Accident Solicitors know crashes can be linked to a range of issues. But just because an issue is common doesn’t mean you have fewer rights or less of a chance to recover fair compensation.
“Sorry, mate – I didn’t see you” (SMIDSY) – this is arguably one of the most common arguments made by a driver who hits a biker. However, every driver has a responsibility to act with due care and attention and we may be able to prove they were negligent or not paying attention. (This is also why it is important for bikers to wear bright clothing, drive with care and use daytime running lights.)
Filtering – this is a common and legal means of negotiating traffic jams but it is not uncommon for motorcycles to be struck by vehicles who switch between lanes or fail to position themselves safely in the road.
Spills – oil, diesel and other substances can make the road surface slippery which can be a serious hazard for bikers. By the time a biker spots a spill, it can also sadly be too late to take evasive action. However, if the cause of the spill can be located (such as a specific vehicle or a source nearby like a farm or construction site) or if the authorities failed to clean the spill or cordon off the area after it was reported, then you may be entitled to compensation.
Overbanding - these are the thin, black strips you see on roads (often after resurfacing) that seal cracks or joins. However, they can become slippery in wet conditions.
Road defects – potholes, cracks, poorly designed layouts or loose manhole covers… what can seem trivial to the drivers of four-wheeled vehicles could potentially prove fatal to riders of motorcycles. That is why it is so important for the authorities to respond to reported hazards – and if they have not responded within a reasonable period of time, we believe this makes them negligent and therefore entitles a biker and their family to damages.
Getting in touch to see if we can help
We understand that getting in touch about a motorcycle accident claim can feel daunting for some. Rest assured we are here to help, to listen and to try and understand your circumstances. Even if you don’t know who was in the right or wrong, please call us (for peace of mind, at the very least) and we can try and give you some answers.
Our Legal Enquiry Team are open seven days a week: 8am to 7pm Monday to Friday and 12 noon until 4pm Saturday and Sunday. Out-with these hours, we have a call back service who can take your initial details or you can simply fill in our enquiry form and someone will call you back at your convenience.
The Legal Enquiry Team’s job is to take some initial details about the circumstances of the motorcycle accident, explain how we fund the case and then put you in touch with the right solicitor who can be your point of contact going forward.
Simply put, if you have been hit at a T-junction in Anniesland, Glasgow and have broken your arm, you’ll be dealt with by our motorcycle accident solicitors in our Glasgow office. On the other hand, if you live in Glenrothes, Fife, it might be more sensible to have a motorcycle accident solicitor from Kirkcaldy or Dundee deal with your case.
If the injuries from your motorcycle accident were more serious or happened abroad, we have specialist departments who may have more expertise with these injuries or circumstances.
Funding your motorcycle accident claim
Digby Brown operates on a “no win no fee” basis for motorcycle accident claims. This is not a cheap sales gimmick, a perceived something for nothing with hidden catches.
This is a way for anyone injured in a motorcycle accident to access legal services which would normally cost a lot of money when they can least afford it. Motorcycle injury cases are paid for by the “at fault” party, once the claim has settled.
Digby Brown runs “Compensate” which is a company that funds the case on your behalf. It in turn insures the risk in the event the motorcycle accident claim is unsuccessful.
What does that mean for you? Simply put, you will pay nothing for Digby Brown’s legal services, medical reports and expert witnesses whilst we build the motorcycle accident injury case on your behalf. This can cost many thousands of pounds.
Once the case is settled with a positive outcome for you, we ask for an agreed percentage of your damages as a success fee. This is no more than 20%.
If the case is lost* Digby Brown and Compensate take the hit and it never costs you a penny.
*Full terms and conditions will be explained in the paperwork we ask you to sign.
Clients we have helped
One biker, Graeme Cowan, needed our help after he was hit by a driver who claimed he didn’t see him. Graeme needed several operations to have rods and pins inserted in his thigh and hip. Thankfully, we were ultimately able to secure him fair damages.
We also helped Ewan Simpson – whose life was changed forever after his leg had to be amputated after being struck by a hit-and-run driver. Even in the absence of the driver, the Motorcycle Law team were able to secure damages for Mr Simpson.
Graeme was riding his motorcycle home from work when a driver failed to see him and collided into his bike causing him to sustain serious injuries to his leg and hands.
Why use Digby Brown?
As a motorcyclist, you are different to a car driver. You’ve chosen a motorbike over a car as a method of getting from A to B, we recognise that we also need to understand this difference and be aware of potential prejudices against you.
More importantly, we have recognised those differences and built up years of knowledge and understanding when dealing with crashes involving motorcyclists. We deal almost exclusively with personal injury claims and have an impressive track record of winning cases.
We have been recognised with many awards and our credentials put us head and shoulders above other law firms in our field of expertise.
Most importantly, it is what our clients say which holds most sway. We are proud to have over 1,500 five-star reviews on independent review site Trustpilot.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
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