adminMotorcyclists are the most vulnerable road users in the UK. Most motorcycle accidents result in serious or permanent injuries to the rider.
All motorcyclists should have compulsory bike training (CBT), which helps them learn about safe riding and avoiding accidents. Motorcyclists also need to know what to do and how to make a claim in case of an accident.
The most common causes of motorcycle accidents include:
● Driving past or exiting junctions
● Failure to control/stop at the give way
● Lane changing
● Filtering
● Clipped by the opening of car doors
● Uneven road surface and potholes
● Adverse weather conditions
● Oil or petrol spillage
Due to the lack of protection compared to car drivers, motorcyclists suffer severe and life-changing injuries. Therefore, it is essential to seek help from a team of experts at motorcyclaccidentclaims.com, who can help you understand the legal jargon and assist you on every step of your claim to maximise your compensation.
What Can I Claim For?
The answer depends on the type of your motor insurance policy and the liability of the accident.
Third Party Only (TP) or Third Party Fire and Theft (TPFT) and Fault Accident
If your insurance policy is limited to a third party only (TP) or third party fire and theft (TPFT), you cannot make a claim on your policy. You will have to bear the cost of motoring expenses for your motorbike, such as roadside breakdown assistance and motorcycle repairs, from your pocket following a fault accident. Your insurance company will deal with the third party’s motoring expenses and personal injury (if any) claim.
Comprehensive Policy and Fault Accident
If you have been involved in an accident that was your fault and has a comprehensive policy, you can claim for motoring expenses such as roadside accident breakdown assistance and repairs. Your insurance company has a contractual responsibility to deal with motoring expenses such as roadside breakdown assistance and motorcycle repairs. Some comprehensive insurance policies include a courtesy motorcycle whilst your own is being repaired. Most comprehensive covers do not include courtesy motorbikes or are limited to fourteen (14) days only in case of or likely to be a total loss motorbike. Your comprehensive motor insurance policy does not include compensation for personal injury and other uninsured losses, such as medical treatment and loss of earnings, unless you bought an additional cover, known as an add-on, to cover such risks. It is important to remember that some insurance companies offer additional serious injury cover in case of a fault accident at no extra cost. It is vital to check your policy schedule for such benefits.
Third Party Only (TP) or Third Party Fire and Theft (TPFT) and Non-Fault Accident
Your motor insurance company may not have the contractual responsibility to deal with your claim, but they can help you with the third party insurance details and guide you to make a claim directly with the responsible insurance company.
You have to contact the third party insurance at your own expense, argue your case, submit evidence and negotiate your claim with them directly. As a first or second time claimant, you are at the discretion of experienced loss adjusters who can use their knowledge and expertise to pay you as little as possible. In case of liability or damages dispute, you have to issue court proceedings against the third party insurance and follow the court process.
You can use an FCA regulated claims management company which has knowledge and experience in dealing with claims like yours on a daily basis. They can arrange a replacement credit hire vehicle without any cost to you, arrange an inspection by an independent engineer for the value of your damaged motorbike and recommend a solicitor firm in case of a damages dispute or a personal injury claim.
Depending on the nature and type of your claim, you can receive services from free to 25% of your damages.
Comprehensive Policy and Non-Fault Accident
Your motor insurance company is contractually obliged to deal with your claim for motoring expenses such as roadside breakdown assistance and motorbike repairs. They are likely to provide a credit hire replacement motorbike if you need or request one.
A claim on comprehensive policy is subject to policy excess, which varies from £100-£1,000, and loss of no claim bonus. Some insurance companies may waive policy excess in case of liability admission by the third party insurance; however, your no-claim bonus is likely to be affected until your insurance company has fully recovered their outlay from the third party insurance company. You may be asked to pay a higher insurance premium for the delay caused by the third party insurance company in settling your insurance company’s outlay. It can take significantly longer if your insurance company is to commence court proceedings against the third party insurance. The time limit to issue court proceedings in England and Wales is three (3) years for personal injury claims and six (6) years for property damage claims. You may struggle to get your no-claim bonus and extra premium back if you are no longer with the same insurance company.
Your insurance company is likely to deduct the premium for the remaining period of policy terms and close your policy in case of the damage to your motorcycle is beyond economical repairs. You may have to fund the difference between the value of your old bike and your new one and buy a new motor insurance policy. You may not get your no-claim bonus for that year due to midterm policy termination.
If you have suffered an injury as a result of a non-fault accident, you can claim compensation for your injuries, losses, and out-of-pocket expenses. You can claim the following but are not limited to
• Pain, Suffering, and Loss of Amenity (includes physical and psychological injuries)
• Loss of earnings
• Medical and rehabilitation treatment expenses
• Property damage such as motorcycle pre-accident value or repairs and protective gears such as helmet, gloves, jacket, trouser, and mobile phone
• Other consequential expenses as a direct result of the accident.
Your insurance company is not a legal practice therefore cannot deal with your personal injury claim if you have suffered any. They are likely to recommend a panel personal injury practice outside their organisation.
Many policyholders do not like to claim on their comprehensive policy due to the risk of the effect on the no-claim bonus history. Many motorists prefer using independent claims management companies which can provide a credit hire replacement vehicle and deal vehicle damage claims without an effect on no claim bonus history and regardless of your cover, free of charge. If you are claiming for a personal injury, you should expect to pay 25% of your personal injury compensation for legal costs, which is standard across the industry.
Legal Expenses Insurance
Legal expenses insurance (LEI) is also known as before-the-event (BTE) insurance. It is a separate insurance policy from your motor, home, credit card, or another type of insurance policy. If the accident is not your fault, your insurance company may ask the legal expense company to process your claim.
Your legal expense insurance company process motoring expenses claim such as roadside accident breakdown recovery, storage of your damaged vehicle, supplying a credit hire replacement vehicle, and repairing your vehicle. They will appoint a solicitors’ firm for their outlay and personal injury claim, should you decide to make one.
A legal expense insurance company indemnifies costs for claims with more than 51% prospect of success, and the acting solicitors firm is likely to recover their legal cost from the third party insurance. According to the Financial Ombudsman, the most common complaints against legal expense insurance companies follow as:
• insurers deciding not to meet the expenses of proposed legal action
• disagreements between legal professionals about the prospect of a successful outcome
• an insurer’s solicitor handling a claim badly
• insurers rejecting a claim because the policyholder didn’t notify them about an event that gave rise to legal proceedings
• policyholders choosing to use their own solicitors and the insurer refusing to cover the claim
Union membership
If you are a union member, you may ask your union to fund your legal proceedings. Union solicitors are trained in a variety of legal issues, including personal injury. Union solicitors usually do not involve in accident management such as roadside accident breakdown assistance, credit hire, and credit repairs. They usually ask their member to utilise their comprehensive claim for their accident management need and utilise them for the personal injury aspect of their claim only.
How to start the claim process?
1- Take the third party’s details, such as vehicle registration number, driver’s name, address, and contact number
2- Take the witness’s details, such as name, address, and contact number
3- Take accident pictures showing the position of all vehicles involved with road markings and the background.
4- Call the police if the third party refuses to give their name and contact number or tries to run away without sharing details.
5- Call an ambulance or attend a local hospital in case of a medical emergency or personal injury
6- Call your insurance company or a local breakdown recovery company in case of roadside assistance needed
7- Call your insurance company or an FCA regulated claims management company for your accident management needs
We help hundreds of accident victims with accident management and personal injury claims every year, so whatever your accident circumstances and injuries are, it will be familiar to us.
Whether you had a third party only or a comprehensive cover, we can help.
Unlike your insurance company, we do not ask you to pay the policy excess.
Call 0333 600 9250 for a free claim assessment or claim online.