Motorbike compensation claims: hit by a drink driver

It is that time of year again where we issue our annual advice for motorbike riders about what they can do when it comes to claiming compensation for being hit by a drink driver.

There is never any acceptable excuse at all for drink driving, but the festive period often comes with these risks. Will we see less incidents because the roads are likely to be quieter as a result of the ongoing coronavirus pandemic and the restrictions in place? With much of the hospitality sector shut down over Christmas due to the tiered lockdown systems in England and Wales, we may see far fewer incidents. On the flip side, could we see more incidents arising from people letting their guard down or flouting the law after what has been a hard year?

As we say, there is no excuse for it at all. If you are injured in an accident as a biker due to being hit by a drink driver, here is what you can do about it.

Claim compensation for being hit by a drink driver

You can be entitled to make a motorbike injury compensation claim if you are hit by a drink driver. To succeed with a legal case, we normally need to prove that the driver has acted negligently, and getting behind the wheel when over the limit can certainly tick that box.

It would be hard for a drink driver to successfully defend a legal case when they are at fault for an accident whilst intoxicated at the wheel. It should be a clear-cut case that should lead to a compensation pay-out for any pain, suffering and loss of amenity caused, as well as for losses and expenses incurred as well.

The position on insurance

Insurance contracts often have clauses and terms in there that can invalidate the cover. Acting illegally, such as by driving whilst under the influence of alcohol, has been one of those things that could, in theory, break the contract.

However, in reality, it is usually the case that the insurer will still cover the driver even if they have been breaking the law. It is rare to see a scenario where insurance cover is refused but, even if it is, uninsured riders can still claim using a government scheme. You can normally still recover the actual amount of compensation and bike damages you would have otherwise been entitled to anyway.

Ultimately, if you are injured from being hit by a drink driver, you should still be able to claim compensation from the insurer of the driver at fault. If they fled the scene and have never been found, you can also use a government scheme to pursue damages as well.

What you need to do

For free, no-obligation advice if you are motorbike rider that has been hit by a drink driver, please do not hesitate to contact us today.

If we believe that there is a valid case to make, we may be able to represent you for a personal injury case on a No Win, No Fee basis.

When it comes to our Christmas opening times, we are open as usual over the Christmas period save for the following:

• Christmas Day, Boxing Day and New Years’ Day: closed
• Christmas Eve and New Years’ Eve: 9am to 5pm (instead of the usual opening time until 10pm on most weeknights).