Introduction

Russell Jones and Walker (RJW) have expert solicitors to handle motorcycle accident claims. The vast majority of motorcycle accidents are caused by inexperienced motorists, however claims also arise as a consequence of road defects.

The following information should help set out what steps ought to be taken in order to pursue a claim for compensation in the unfortunate event of having a motorcycle accident.

1.  Gathering Evidence

The burden of proving fault on the part of a third party rests with you as the Claimant. You should take the following steps to maximise your prospects of pursuing a successful motorcycle accident claim.

• Witnesses - Obtain names and telephone numbers of witnesses as soon as possible.

• Identifying who caused the crash - It is vitally important that you obtain the registration number of the Defendant’s vehicle (and if possible the colour, make and model of the car). Obtain the driver’s contact details including insurance particulars. If the driver gives you false particulars (and this unfortunately is a common event) the driver’s true identity can be verified by checking the registration number of the vehicle on a motor insurer’s database which RJW has access to.

• Photographic evidence - If possible obtain photographic evidence of the scene of the accident. If the accident was caused by a road defect it is important that very good photographic evidence is obtained before the council is notified of the incident. The danger is that if the incident is reported to the council before photographic evidence is obtained then the council could repair the defect and there could then later be arguments about the dimensions of the defect. There should also be photographs indicating where the defect is in relation to landmarks e.g. street furniture.

• Report the incident to the police - If you were knocked off your motorcycle by a motor vehicle you should always report the accident to the police. This should be done as soon as reasonably practicable and in any event within 5 days of the incident.  If your claim needs to be pursued against the Motor Insurers Bureau under the “Untraced Drivers Agreement” the MIB will reject the claim if it was not promptly reported to the Police. It is important that you obtain evidence that the incident has been reported to the Police and you should therefore obtain a reference number and the name of the person that you reported the incident to.
 
• CCTV footage - It is possible that the incident might have been caught on CCTV film. If so it is important that this evidence is preserved before it is wiped or destroyed. 

2.  Contact RJW's Motorcycle Accident Solicitors by calling

Ring: 0800 916 9046 where a team of specialist staff will obtain details of your accident and your injuries. It is recommended that you contact RJW as soon as you can.

3.  Beware of unscrupulous insurers

It is increasingly commonplace for motor insurers to make direct contact with potential Claimants at the earliest opportunity and make early settlement offers. The offers that are made are usually low and if they are accepted they are accepted on a full and final settlement basis. It is important that you always obtain legal advice before accepting an offer in settlement of your personal injury claim. Insurers will often take advantage of a Claimant who has not obtained legal advice.

4.  Retain Damaged Property

It is important that you do not dispose of any damaged property e.g. your motorbike or equipment. The reason for this is that it may be potentially important evidence and secondly, there may later be arguments with the Defendant’s insurance company as to the pre-accident value of the property.

You should obtain a quote for the cost of any damage to your motorbike. If the motorbike is deemed a ‘write off’ do obtain confirmation in writing and confirmation of the cost of a ‘like for like’ motorbike.

If you can, provide original receipts for your damaged clothing (including helmet).

5.  Seek Medical Attention for your Injuries

You should never shrug off your injuries. It is always advisable to seek medical attention, even for minor injuries. If you attend the local A&E Department or your General Practitioner this is evidence that you actually sustained injuries in the crash.

6.  Maintain a Record of your Expenses

It is important that you maintain a record of your ongoing expenses to that these are all included in your claim.