Motorcycle & Bike Injury Claims
Motorists often attribute excessive speed or road rules breaches to the rider of motorbikes with which they collide. If the rider is removed from the scene by an ambulance, they are not on the spot to contest the motorist’s version of events. Especially careful fact analysis is therefore needed to assess liability – or fault – for road accidents involving motorbikes.
Often fault can easily be assessed or is admitted by the other vehicle’s driver. Often fault is apportioned between both the rider and the driver. In most cases – unless fault is admitted – your lawyer will need to carefully obtain witness statements and sometimes conduct an accident reconstruction, to establish the rider’s case that the other vehicle was at fault.
Your claim will succeed if the accident was the fault of (wholly or partly) another person, e.g. a driver, or (if you were pillion) the rider. For more general information, view our motor and car accident page.
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Financial compensation to riders and passengers
Claims can be made by you and your family as can surviving family members, in the case of a death. Your “damages” claim can include medical expenses, lost income, future earning capacity, paid and unpaid recuperative care, pain & suffering and enjoyment of life.
The cost of bike repairs and other property damage can be claimed outside the CTP system. Because motorbike injuries are often serious and have major financial impact, your lawyer will need to meticulously formulate your losses and to make sure nothing is missed. Income loss and “care” are the biggest items in most claims.
For future income loss, this is formulated on the basis of your post-accident return to work capacity (as a proportion of your pre-accident capability) or alternatively, by reference to your estimated disadvantage on the open labour market as compared to un-injured job applicants. Find out more by visiting our injury and accident payout guide.