Will I win my motorbike accident claim?

Will I win my motorbike accident claim? This is the question asked by many riders who initiate a claim for motorbike injury compensation.

While the question is of course unique to each and every motorbike accident claim, and is dependent on a number of factors including the accident circumstances and the nature of the injuries, there is some guidance we can give to help you answer the question.

The two key factors are liability and what’s known as medical causation. We’ll briefly outline these below.

Part One: Liability

Part one to answering the question “will I win my motorbike accident claim?” is down to liability; i.e. who is at fault.

If the other road user was at fault for the accident, you should win your liability argument. Whether you can establish that liability is down to the circumstances of the accident. Road users owe each other a duty of care, and if this duty of care is breached by one of the road users involved in the accident, they can be liable for a motorbike injury compensation claim.

It may be the case that both parties in the accident share some of the blame, which doesn’t stop either party making an injury claim. If you were, say, 25pc responsible for the accident, you will usually only recover 75pc of your damages claim.

The amounts of the percentages are argued by your legal team, which is why it’s key to instruct a specialist motorbike injury law firm.

Part Two: Medical Causation

Part two of answering the question of “will I win my motorbike accident claim?” comes down to what we call “medical causation”.

Medical causation means that the injuries sustained must have been caused by the accident that took place in order to be able to claim for personal injury compensation. If you break your leg because another car hits you, that’s your medical causation established.

As the injured person, you still have to prove that the injuries were caused as a result of the accident, and we do this by obtaining a medical report. The independent expert will, if applicable, duly link the injuries to the accident using an account from you and any relevant medical records available.

You can also claim for private treatment as well which is something we can offer to our clients.

A simple process

It can be a simple process to make a claim for motorbike injury compensation. The question as to “will I win my motorbike accident claim?” usually comes down to liability and medical causation, but for the thorough advice you need, please contact our team for help.