If you've had a motorcycle accident and you're looking to make a claim, you can generally seek several types of compensation:

• Medical costs: this includes hospital bills, doctor visits, physiotherapy, and any other medical expenses you've had to bear because of the accident.
• Lost wages: if you've had to take time off work due to your injuries, you could claim for the money you would have earned during that time.
• Property damage: if your motorcycle or any other personal belongings were damaged, you can claim the costs to repair or replace them.
• Future costs: if your injuries will require ongoing medical treatment or affect your ability to work in the future, you might also be able to claim for these anticipated expenses.

The time limit for filing a motorcycle accident claim is typically three years from the date of the accident.

It's important to note a couple of exceptions to this rule:

• Children: if the person involved in the accident is under 18, the three-year time limit doesn't start until their 18th birthday. So, they would have until they turn 21 to make a claim.
• Mental capacity: if the injured party lacks the mental capacity to make a claim, there may be no time limit until they regain the capacity to do so.

Failing to file a claim within the three-year time frame could mean that you lose the right to seek compensation, so it's usually a good idea to speak with a legal advisor as soon as possible to get the process started.

If you're involved in a motorcycle accident in the UK and are considering making a claim, collecting the right evidence can significantly strengthen your case. Here are some types of evidence that could be useful:

• Medical records: gather all records and receipts relating to your medical treatment. This helps to establish the severity of your injuries and the costs incurred for treatment.
• Photographs: take photos of the accident scene, your injuries and any damages to your motorcycle or other property.
• Witness statements: if there were any witnesses to the accident, their accounts could be invaluable. Get their contact details and, if possible, written statements.
• CCTV footage: if the accident was captured on CCTV cameras, this could provide indisputable evidence. You'll need to act quickly to obtain this footage before it's deleted.
• Lost wages: keep records of any time you've had to take off work due to your injuries, as well as any impact on your future earning capacity.
• Travel expenses: keep receipts for any travel costs associated with medical appointments or other claim-related activities.
• Diary or journal: consider keeping a detailed account of your physical and emotional state following the accident. This can be used to support a claim for pain and suffering.
• Insurance details: keep all correspondence with insurance companies, as these can sometimes be used in your claim.
• Legal documents: any pre-existing contracts, like your own insurance policy, can sometimes affect your motorcycle accident compensation claim, so have these to hand as well.

Determining fault in a motorcycle accident claim often involves a thorough investigation and can be influenced by various factors. Some of the key considerations are as follows:

• Police report: the police may have attended the scene of the accident and compiled a report, which could include observations and preliminary assessments of who was at fault.
• Traffic laws: violations of the Highway Code or other traffic laws can strongly suggest who was at fault. For instance, if a car driver was speeding or ran a red light, that could be seen as negligent behaviour.
• Eyewitness testimony: statements from people who witnessed the accident can be crucial. They might have seen something that the involved parties didn't, or provide an impartial account of events.
• Photographic and video evidence: photographs of the scene of the motorbike accident, skid marks or vehicle positions can provide clues about what happened. CCTV footage, if available, can be a very strong form of evidence.
• Vehicle damage: the extent and location of damage to the motorcycle and any other vehicles involved can sometimes indicate fault.
• Personal testimonies: both parties involved in the accident will have their own account of what happened. These accounts are considered but should be backed up with other forms of evidence for greater credibility.
• Insurance investigations: insurance companies will conduct their own assessments to determine fault, often using similar forms of evidence to those listed above.
• Admission of guilt: sometimes one of the involved parties may admit fault at the scene of the motorbike accident or later, which can simplify the determination of liability but should still be verified.
• Legal interpretation: ultimately, if the case goes to court, it will be up to the legal system to formally determine who was at fault based on the presented evidence.

The length of time it takes to resolve a motorcycle accident claim in the UK can vary widely depending on the specific circumstances of the case. Here are some general guidelines:

• Straightforward cases: for simple cases where liability is clear and injuries are minor, the process could be resolved in a more timely manner than in complex cases.
• Complex cases: if the case involves serious injuries, disputes over who is at fault, or multiple parties, it could take a year or more to resolve. Some exceptionally complicated cases can take several years.
• Legal proceedings: if the case ends up going to court, the timeline can extend significantly, especially if there are appeals.
• Medical assessments: sometimes it's necessary to wait until the claimant reaches a 'point of maximum medical improvement' (the stage where you've recovered as much as you're going to from an injury or illness) to fully understand the extent of the injuries and what compensation might be appropriate. This can delay the settlement process.
• Negotiation period: both parties usually engage in a period of negotiation before arriving at a settlement, which can also add time to the process.
• Evidence gathering: the time it takes to collect all necessary evidence, such as medical reports, witness statements and police reports, can also affect how long the claim process takes.
• Insurance companies: the responsiveness and cooperation of the involved insurance companies can also impact the length of time required to resolve a claim.

You can still pursue a motorcycle accident claim even if you were partially at fault for the accident. This is known as "contributory negligence”. In such cases, the compensation you might receive will usually be reduced in proportion to your level of fault.

For example, if it's determined that you were 25% responsible for the accident, you might receive 75% of the total compensation amount you would have been awarded had you not been at fault at all.

On occasions, motorcycle accidents result in severe injuries, such as those affecting the head, brain or spinal cord, rendering the injured person incapable of filing a claim themselves.

Under these circumstances, you could act as a "litigation friend" if you are a trusted member of the family, thereby initiating a claim on their behalf.

Should a loved one be involved in a fatal motorcycle accident, you may also be eligible to claim for bereavement damages, funeral costs and dependent support.

You can claim compensation if you were injured in a hit-and-run while on your motorcycle. Instead of going after the driver's insurance, you can file your claim with the MIB.

You can claim motorcycle accident compensation if bad or unsafe road conditions caused your motorcycle crash. Whether it's motorways, which are looked after by National Highways, or smaller roads taken care of by local councils, they have a job to keep roads safe for everyone. If the roads are not kept safe and sufficient warning signs are not displayed, you may be able to make a motorbike accident claim if you suffered an injury.

Most personal injury claims are settled outside of court. If the other driver or organisation disputes your claim and it isn’t possible to settle out of court, you may be required to appear in court. However, this is rare.

If you've had a severe motorbike accident, you might need financial compensation to cover immediate expenses like travel, your mortgage or rent, or special equipment. You might also be getting less money than usual if you're off work sick and could be struggling to pay bills or your mortgage. The motorcycle accident claims team at JMW can help you get some money upfront while your claim is being sorted and will guide you through how it works.