Free Supermarket Accident Claim Assessment Free Supermarket Accident Claim Assessment

Bike Accident Claims

Guide to UK Bike Accident Compensation Claims

In order to be eligible to claim bike accident compensation in the UK, you must have sustained an injury in a bike accident which was not entirely your fault. Many bike accidents occur in the UK each year due to the negligence of other road users or those who have a responsibility to maintain the roads in a safe condition.

Indeed, according to Department for Transport figures, 18,686 injuries to motorcyclists and 17,185 injuries to cyclists were reported were recorded by the police during 2010 — many more injuries may have gone unreported where the injuries were slight or where the victim did not know that they were able to make a claim for bike accident compensation.

Bike accident compensation claims need not involve accidents with other vehicles, and claims for compensation can be made due to other forms of negligence. When a poor road surface has not been repaired or a slip on a diesel spill is the cause of a bike accident, a claim for compensation can be made against the local authority or Motor Insurers´ Bureau. A bike accident compensation claim can also be made against the bike manufacturer for faulty parts or even against a garage for repairing a bike improperly; provided that it can be proven that their negligence caused an accident, and was the reason why you have sustained an injury, you are entitled to make a claim for bike accident compensation in the UK.

Bike Accident Compensation Claims and Failure to See a Bike Rider

Although the classic retort of ‘Sorry Mate, I didn’t see you’ — often abbreviated to SMIDSY – is the first things a bike accident victim often hears after a bike accident, it is not a valid defence when an accident has been caused by bad driving. Cars with wide A-frame supports may reduce visibility and create large blind spots which can easily hide an oncoming bike, but it is still the responsibility of a driver to make sure that there is no oncoming traffic before pulling out from a junction or roundabout. Failing to see a bike in fair weather conditions is usually attributed to driver negligence and the failure in a duty of care to other road users. In the majority of cases, if an accident has been caused by a vehicle driver´s failure to see a motorcycle or bicycle before pulling out, a bike accident compensation claim has a good likelihood of success.

Negligence and Bike Accident Compensation Claims

Third party negligence needs to be proven in bike accident compensation claims in the UK, and often claims for compensation hinge on witness testimony. It is why it is important to note the names and addresses of any eye witnesses to an accident, as their stories can help to substantiate a claim for bike accident compensation.

If it does not place your health in jeopardy, you should always attempt to make a personal record of the contact details of witnesses and not rely on the police to record these details for you. If it is not possible to write down these details, it is acceptable to get a witness to text you their contact details, so that contact can be made once injuries have been treated.

Liability may be admitted by a driver at the scene, but it does not mean that it will be accepted if a bike accident compensation claim is made. Just because a driver admits they were to blame, it does not mean the claims process will be easy or straightforward, and a bike accident compensation solicitor should always be consulted for advice. When faced with increased insurance premiums, an excess on their policy and the loss of a sizable no claims bonus, many drivers could change their minds and become more concerned with their own finances, rather than ensuring a bike accident victim is appropriately compensated.

Bike Accident Compensation Claims Against Uninsured Drivers

A UK bike accident compensation claim doesn’t always require a negligent third party to be identified, and bike accident compensation claims can be made in hit and run accidents. It is also possible to claim bike accident compensation for diesel spills on the road, even though finding the driver responsible will not be possible. When a negligent driver does not have valid insurance, claims for bike accident compensation can also be made in the UK. These are just some of the reasons why bike accident victims, as mentioned above, wrongly believe that they may not entitled to make a claim for bike accident compensation.

Whenever there is not a third party to claim bike accident compensation against, provided that it can be proven that a driver has been negligent and was responsible for an accident, a bike accident compensation claim can be made to the Motor Insurer’s Bureau (MIB). The MIB is funded by the insurance industry with a proportion of every insurance premium sold going to the organisation. This is used to pay compensation to road accident victims when a negligent driver cannot be located or when no insurance premium exists to claim against.

Claims for bike accident compensation to the MIB are governed by the same criteria as other road traffic accident claims, and they must still prove that negligence has occurred and that, as a result, an injury has been sustained.

How Much Bike Accident Compensation Can Be Claimed?

Bike accident compensation awards can be complicated to calculate, as they involve many different factors being taken into consideration. It is not just the pain and suffering of a bike accident victim which is compensated for; loss of amenity is also factored in to any bike accident compensation award. Compensation amounts are also affected by the age, sex and the previous state of health of the rider, together with any loss of earnings due to the accident. A minimum wage worker will not be able to claim as much as a company director who sustains the same injuries, as the loss of earnings will differ considerably.

Many motorcycle accident victims choose to use a compensation calculator to determine the level of compensation that they are entitled to claim. It should be noted however that these figures cannot be relied on, and the only way to determine the full entitlement to bike accident compensation is to have a claim assessed by a specialist bike accident compensation solicitor. Only when the individual circumstances of the accident and the full extent of the injuries are fully assessed can an accurate bike accident compensation settlement be calculated.

How Long Does Bike Accident Compensation Take to Come Through?

Claiming bike accident compensation in the UK will usually take a few weeks to a few months, but in some cases the length of time it takes for the bike accident compensation claim to be resolved is considerably longer. When negligence can be proven and liability is accepted by a third party, claims for bike accident compensation can take as little as 6-8 weeks to be resolved. In more complicated claims, when the compensation claimed is for a considerable amount or when liability is contested, it may be necessary to litigate through the UK courts. This will increase the claim time significantly, and it may take months or even years for bike accident compensation to be awarded.

By using a bike accident compensation solicitor to pursue your claim, it is more likely that you will be able to receive an award of compensation quicker than when pursuing a claim without professional legal representation. The claims process will be streamlined when a bike accident compensation solicitor pursues a claim; potential problems can be anticipated in advance, and delays due to unfamiliarity with the claims process will be avoided. A bike accident solicitor would also be able to help petition the courts for interim payments to be released to help reduce the financial burden of medical treatment costs if the claim is strong and has a good likelihood of being successful.

No Win No Fee Bike Accident Compensation Claims

Claiming bike accident compensation in the UK will almost certainly involve legal costs; however bike accident compensation claims can often be undertaken on a No Win No Fee basis. No Win No Fee bike accident compensation claims will reduce a claimant’s liability to pay legal costs. This can offer considerable peace of mind to a bike accident victim, as the claim will not incur a solicitor´s legal fees if it does not prove to be successful.

No Win No Fee bike accident claims are usually only undertaken by a solicitor if there is a strong likelihood of the claim being successful, and each case is assessed on an individual basis. Even if a No Win No Fee claim is not possible, a solicitor will discuss options for reducing liabilities to pay legal costs, such as taking out an insurance policy to cover third party legal fees or by obtaining funding through the Community Legal Service fund — formerly called Legal Aid.

Always Speak With a Specialist Bike Accident Compensation Solicitor

A claim for bike accident compensation may be your legal right; however it should not be undertaken without first seeking legal advice. You should have all the facts at hand before making any decision to claim bike accident compensation or before accepting any offer of settlement from a third party insurance company.

To establish if you are eligible to make a bike accident compensation claim, you should always speak with a specialist UK bike accident compensation solicitor. The solicitor´s experience in dealing with bike accident compensation claims in the UK can make a big difference to the outcome of the claim.

When you speak with a bike accident compensation solicitor you will be given invaluable advice about the claim process and what to expect. You will be advised of the costs of making a bike accident compensation claim in the UK, together with the time scale for making a claim. Since the UK Statute of Limitation restricts the time scale for claiming, it is strongly advisable to speak to a solicitor as soon as possible after a bike accident to ensure that a claim for compensation can be made in good time.