Winston Solicitors: accident compensation claims

The information provided on this website is not legal or medical advice which should only be obtained personally from a qualified lawyer or doctor.

MOTORCYCLE ACCIDENT CLAIMS

Motorcycle accident claims are increasing year by year. The UK government statistics for the 10 year period 1992 to 2002, showed a fatality increase of nearly 30%. The number of riders and their passengers injured in 2002 was 28,353.

Common causes of these incidents include:

You are waiting in the road indicating to turn right, the car driver simply does not see you and collides into the back of you.
You are overtaking a car on a dual carriageway, when the car driver decides to pull out without checking mirrors or over their shoulder, and wipes you out.
You are travelling along a main road, when a car driver pulls out in front of you, causing you to collide into the car.

It is often difficult to show that the other party is at fault. It is often said there is almost a “biker prejudice”, when insurance companies are considering the issue of liability. At Winston Solicitors we are aware of the special issues that these claims often bring. You need a solicitor that will fight your corner.

Issues specific to motorcycle accident claims include:

Damage to Bike
Invariably it is not financially viable to repair as the forks have been twisted and the fairings damaged. Most insurers will not authorise a repair if the repair is likely to cost at least 60% - 70% of the pre-accident value.

Replacement Vehicle Hire
Often you are only insured third party. This means that until the other side’s insurance company have agreed it is their insured’s fault, you are unlikely to get any money for the damage. In these circumstances it seems sensible to hire a vehicle for a few weeks whilst the insurance company considers it’s position and thereafter attempt to claim the cost from the third party.

Loss of Use
If you decide not to incur the cost or liability of hiring, you can still claim compensation for loss of use, specially if you are a summer biker and the damage occurs during the early part of the season, you can claim quite a reasonable amount of compensation.

Damage to Accessories
Once a helmet has hit the ground in a road traffic accident, you must get the helmet replaced. Insurance companies inevitably accept that a helmet is potentially damaged in an accident. You are likely to have also damaged your boots, jacket, weatherproofs etc. For anything that is damaged, get replacement valuations from two shops, and either dig out your original receipts or give an estimate of original cost and how long ago they were purchased. You will be entitled to the value of these items at the time of the accident. So if you bought a jacket for Ł200 six months before the accident, and it is agreed that such a jacket would have a lifespan of say 2 years, its value at the date of the accident would be about 25% less than when first purchased. This deduction is known as making an allowance for “betterment”. Betterment is a concept used by insurance companies to stop people putting themselves in a better position because of an accident. You can only be put back into the position you would have been in but for the accident. You might note how this differs from your own household insurance policy which will almost certainly provide you with a new replacement for something that is damaged.

Winston Solicitors are personal injury claims lawyers who will make sure that you receive 100% of your compensation. Win or lose there is no charge. If we represent you there are no middlemen, no loans and no other costs for you to pay. Your claim is completely risk free. If you would like to talk to a solicitor without obligation just complete the online contact form and we will phone with free advice on how best to pursue your claim and how to protect your legal rights to compensation.

DETAILED SITE MAP