Key Factors Impacting Your Compensation After A Motorcycle Accident

Length of time passed

As with any personal injury claim, you typically have three years following a motorbike accident to seek compensation. However, it is vital that you start the process as soon as possible. Not only will you find accident details easier to recollect, but it also means a solicitor can begin collecting any evidence, like witness statements and CCTV, which is often only accessible for a set period.

As more time passes, you may remember fewer details about the accident, and there could be less supporting evidence to document the events that took place that day, which can significantly impact your case.

If there isn’t a good reason for having not made a claim at the time, this might also be a way for the defence to argue that your claim is invalid. This can weaken your position and potentially result in a lower compensation award or even the dismissal of your claim altogether. Prompt action ensures that your solicitor has the best chance to build a strong case, supported by accurate recollections and ample evidence, enhancing the likelihood of a favourable outcome.

That’s why we recommend seeking assistance from an experienced motorcycle accident attorney to support you during this difficult time. A specialist solicitor can also guide you towards early rehabilitation and accommodation needs if required.

Extent and severity of your injuries

Although your claim will also take into account losses including healthcare expenses, property damage and lost income, if you sustained minor injuries from a motorbike accident, your claim’s value will be significantly less than if you were involved in a major collision that led to long-term life-altering injuries.

Our motorbike accident compensation calculator will help you to determine what level of compensation you may be entitled to following an injury you’ve sustained whilst riding your motorbike, helping you gain a clearer picture of your potential claim and make informed decisions about your next steps.

Supporting evidence

The circumstances surrounding the motorbike accident can determine the amount you’ll be entitled to, so it’s important to have evidence of the facts that took place. A solicitor will need all necessary evidence and documents to present to an insurer and, in some cases, a court of law. Evidence you should look to provide, if applicable to your situation, include:

• Statements from authorities and witnesses
• Photographic evidence of the aftermath of the accident
• Photographs of any damages to your vehicle and property
• Payslips from both before and after the accident to highlight the loss of income
• Medical reports and photos of your injuries
• Receipts of additional expenses, including care and travel costs

This evidence can and will be used in court should the other party refuse to settle, and the court will conduct a reasonable assessment of the monetary damages of your motorbike injury, so ensure you give your solicitor as much supporting evidence as possible to support your claim.

Motorcycle bias

Although the compensation amount should not be influenced by preconceived judgments and personal biases, other motorists, law enforcement and even some judges still perceive riders as more reckless than car drivers.

Initiating the compensation claim process with a structured plan can help you prove any wrongdoing of the party that caused your injuries/property damage. Without the guidance of a solicitor specialising in motorbike accident claims, this can be quite challenging—a solicitor will best know how to represent your rights as a victim, address any opinions of bias and increase the chances of a fair outcome.

When compensation might be reduced

Determining the proportion of liability is crucial in determining the compensation awarded in motorbike accident claims. If you aren’t entirely blameless for the accident or extent of your injuries, culpability is divided on a proportionate assessment. As such, your adjusted settlement will reflect the shared responsibility. Some factors which could reduce compensation include:

• Not wearing a helmet: Motorcyclists are required by law to wear a properly fastened, suitable helmet. Although wearing a helmet won’t necessarily prevent an accident, not wearing one can be viewed as contributing to the severity of a rider’s injuries.
• Lack of protective clothing: It is recommended that riders wear protective clothing, including trousers, jackets and gloves, to cushion the impact in an accident. Without adequate protection, injuries sustained can be significantly worse.
• Insufficiently visible clothing: Motorcyclists are encouraged to wear high-visibility or brightly coloured clothing on the road so that other road users can easily see them. Wearing dark or non-reflective clothing can make it difficult for other drivers to notice you.
• Speeding: The speed at which a motorcyclist rides significantly impacts the level of danger in a collision and the injuries sustained as a result. Higher speeds reduce reaction time and increase the severity of impacts.
• Numerous passengers: Carrying multiple passengers increases the risk and instability of the motorcycle, making the chances of an accident higher. Overloading can lead to loss of control and increased stopping distances.

It is important to know that you can still claim compensation even if you think you were somewhat liable for your injuries, but the payout may be lower to account for your actions.​​​​