By Jo Anderson. Last Updated 8th November 2023. This guide contains a case study, which explains how personal injury claims payouts for a motorcycle accident could be calculated.
There is no denying that motorcyclists are some of the most vulnerable on the roads. This is because they do not have the level of protection that a car provides. Moreover, motorbike riders can be a lot more difficult to see. This is something that one claimant we researched fell victim to when he was involved in a crash that left him disabled.
Personal injury claims payouts for a motorcycle accident
In this case, the victim ended up receiving £10m in compensation. In the accident, the claimant smashed into the driver door of a vehicle because a car suddenly pulled out in front of him and he had no time to stop. This resulted in him being thrown across the road, landing in a ditch. The impact tore his helmet off. We have worked on many similar cases like this case that we’ve used as an illustration of what can be done.
So, we thought it would be a good idea to look at a compensation case study to give you an understanding about motorbike accident claims. If you have been involved in a motorcycle road accident and it was not your fault, we can provide you with some of the best No Win No Fee solicitors that can help you to get the compensation you deserve.
Select A Section
- Case Study – How Serious Was The Claimant’s Brain Damage?
- What Settlement Did The Claimant Receive?
- When Am I Eligible To Claim For A Motorcycle Accident?
- How Long Do I Have To Claim For A Motorcycle Accident?
- What Evidence Can Support A Motorcycle Accident Injury Claim?
- How Much Could I Claim For A Motorcycle Accident?
- Motorbike Accident Claims And No Win No Fee Agreements
- Helpful Resources
Case Study – How Serious Was The Claimant’s Brain Damage?
The individual involved in this claim was left seriously brain damaged after the motorbike incident. Aged 25-years-old at the time of the crash, his injuries were life-changing. He was in a coma for two weeks after the incident, and his heart stopped eight times while he was being airlifted to the hospital. His speech has been badly impaired, he needs constant care, and he uses a wheelchair.
What Is The Role Of A Litigation Friend?
This refers to a scenario whereby someone has been appointed to make court decisions for an adult that does not have the mental capacity to manage their own court case. In this incident, the injuries the claimant suffered were so extensive that he was not able to claim on his own behalf, and this is why a litigation friend was so pivotal. A litigation friend can potentially claim on an injured party’s behalf when that injured party is too young or lacks the mental capacity to make their own claim.
What Settlement Did The Claimant Receive?
In this case, the claimant was awarded a payout of £10 million. This payout is designed to give the individual the care and assistance he needs for the rest of his life. Since he was awarded the compensation, he moved into a rented farmhouse that has been specially adapted for him in order to help him live as best a life as he can. He is assisted around the clock by two live-in support workers. He also undergoes full rounds of occupational therapy, psychological therapy, language therapy, speech therapy, and physiotherapy.
When making a personal injury claim, it is important to recognise the money you receive will be covered by two forms of compensation. Firstly you have general damages, which will compensate you for your suffering. Secondly you have special damages, which will compensate you for any out of pocket expenses you have experienced. This can be any costs to do with medical needs, travel etc.
When Am I Eligible To Claim For A Motorcycle Accident?
Now we have provided some information on motorcycle crash settlement examples in the UK, let us move on to the eligibility criteria for making a motorbike accident claim.
If someone injures you in a motorcycle accident, to be able to make a personal injury claim, you would need to prove that:
- Someone owed you a duty of care.
- They breached that duty of care.
- You suffered injuries as a result.
All road users have a duty of care towards other road users. They must use the roads in a manner that does not cause undue harm to themselves or others. They must also adhere to the Road Traffic Act 1988 and follow the Highway Code.
If a road user causes a motorcycle accident because they have breached their duty of care towards you, you may be eligible to claim compensation for your injuries.
To check your eligibility to claim or learn more about the average payout for a motorcycle accident in the UK, please contact an advisor.
How Long Do I Have To Claim For A Motorcycle Accident?
There are certain time limits that could apply to personal injury claims. In general, when it comes to road traffic accident claims, you’d usually have 3 years from the day you had the accident to make your claim. However, if it comes to the personal injury claims time limit applicable to child accident claims or accidents involving someone without mental capacity, this could differ.
If you would like to receive free legal advice from a friendly solicitor on how long you could have to claim, please do not hesitate to contact our team. We would be glad to assess your case for you. If you require it, we could even provide you with a solicitor working on a No Win No Fee basis who is authorised and regulated by the Solicitors Regulation Authority.
What Evidence Can Support A Motorcycle Accident Injury Claim?
When making a personal injury claim following a motorcycle accident, you will need to submit evidence that demonstrates another road user owed you a duty of care and when this was breached, you were injured.
Some examples of evidence that you could submit in support of your motorcycle accident claim include:
- The contact details of anyone who saw what happened. This is so they can provide a witness statement later into the claiming process.
- Photographs from the scene of the accident.
- Any video footage of the accident, such as from a dashcam.
- A copy of your medical records that state the type of injury you suffered and the treatment you needed.
If you are experiencing problems obtaining evidence, a motorcycle accident solicitor could help you. Please get in touch with our advisors to find out how one of our No Win No Fee solicitors could support your case.
How Much Could I Claim For A Motorcycle Accident?
If you are eligible to claim compensation for a motorcycle accident, you might wonder how much you could receive in compensation. Knowing the average payout for a motorcycle accident in the UK would provide little insight into your own claim, however. All claims are different and are assessed on their unique facts and circumstances. Therefore, how much you receive will depend on the factors affecting your case/
Generally, if your claim is successful, you could receive special damages and general damages. General damages compensate you for the pain and suffering that your injuries have caused. For those calculating such claims, the Judicial College Guidelines are useful. This publication provides guideline payout amounts for different injuries at different severities.
You can see some figures from the 2022 edition of the Judicial College Guidelines in the table below. However, this is only to be used as guidance.
| Body Part | Severity | Award Bracket | Notes |
|---|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Severe | Up to £1,000,000+ | Multiple serious physical and psychological injuries and special damages. |
| Brain injury | Severe (a) (i) | £282,010 to £403,990 | The person would have little to no response to environment, save for following a few basic commands. |
| Back | Severe (a) (i) | £91,090 to £160,980 | Injuries that cause severely impairment of bowel, bladder, and sexual function as well as incomplete paralysis. Severe pain could feature here. |
| Neck | Severe (a) (i) | In the region of £148,330 | With incomplete paraplegia, for example. Severe continuing pain and loss of movement could feature here. |
| Leg | Severe (b) (i) | £96,250 to £135,920 | The most serious injuries that do not include amputations. These could include extensive degloving. |
| Pelvis and hips | Severe (a) (i) | £78,400 to £130,930 | Extensive pelvic fractures that cause severe pain, and could rupture the bladder. |
| Ankle | Very severe | £50,060 to £69,700 | Injuries that are limited and unusual such as transmellor fractures of the ankle with significant deformity and disability. |
| Hand | (e) Serious | £29,000 to £61,910 | Loss of function to around 50 percent of what it was prior to the accident. |
| Wrist | (a) Loss of function | £47,620 to £59,860 | Loss of wrist function, may involve arthrodesis. |
Special damages, on the other hand, compensate you for financial costs and losses caused by your injuries. Some examples may include:
- Care costs – If a person has needed care at home due to their injuries, and they’ve had to pay for this
- Loss of income – If an injured person has not been able to work because they have been recovering from their injuries, they might have lost out on pay.
- Medical expenses – This could include prescription costs, for example.
- Travel expenses – These might be costs, including transport to medical appointments.
Providing evidence of these losses could help support your claim for special damages. For example, a copy of your payslips could help with proving any lost earnings..
If you have any questions regarding motorcycle crash settlement amounts in the UK, please do not hesitate to contact one of our advisors.
Motorbike Accident Claims And No Win No Fee Agreements
It’s possible to pursue motorbike accident claims under something called a No Win No Fee Agreement. This is a phrase you may have heard before. It simply means that if your claim isn’t successful you won’t have to pay your solicitor’s costs in representing you.
So your solicitor agrees to work to a payment agreement whereby you will only need to pay their fees if the case is a victorious one. If the solicitor does not manage to secure motorbike injury compensation for you, you won’t have to pay the legal fees.
To speak to an advisor about claiming or if you have any other questions, give us a call on. This line is open seven days a week, 24 hours per day, so you can call at any time that is convenient for you.
Helpful Resources
We hope that you have found this guide useful while looking for information on motorcycle accident compensation claims. However, if you need more information, the guides below may assist. The following links are all comprehensive guides that we have put together to assist our clients. The first is our guide on motorcycle accident claims, the second is on fatal motorcycle accident claims, and the third is about head injury compensation claims. We hope you find them useful.
- Motorbike Claiming Guide – Covering what you need to do about this specific claim type.
- Fatalities in motorcycle incidents – Claim Guide – Fatalities are common in motorbike accidents, our guide details how to claim.
- Injuries to the head – These can be complex. Find out more about claiming compensation for head injuries here.
Thank you for reading this case study relating to personal injury claims payouts for a motorcycle accident. Whether you’re claiming against the Motor Insurers Bureau (MIB), or a liable party’s insurance company, we could talk you through the claims process, explain what financial losses you could claim for and the amount of compensation you could receive as the result of the accident you suffered long term or short term injuries in.
Our specialist solicitors could also help you understand the role of the Judicial College Guidelines in reaching an appropriate settlement amount.
