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Motorcycle Accident Claims Solicitors
If you’ve never had a motorcycle accident claim before, and happily most people haven’t, here’s a handy guide to what expect. While every claim is different they all follow the same process.
As soon as you instruct us our motorcycle accident claims solicitors will send a letter of claim to the other party’s insurance company telling them what their insured did and letting them know you’re making a claim against them.
From then on we’ll be focused on how we can get you the maximum amount of compensation and that will come down to two factors known as liability and quantum, which just means did they cause the accident and if they were 100% liable, how much they should have to pay you.
Once they get our letter of claim, the other side have to set out their position on liability. They will either concede liability in full, contest it, or concede their diver was partly at fault but try to allege that you contributed to the accident too.
It’s a sad fact that Insurers seem to think bikers are usually at fault so when presented with motorcycle accident claims they generally dispute them.
If liability is disputed, or partly disputed then we’ll need to investigate exactly how the accident happened. We’ll need to get hold of any police report, speak to witnesses and carry out any other investigations required to present your claim in the best possible light.
Quantum – or “how much”
The more serious you’re injured the more you will get in damages. You will get compensation for pain, suffering and loss of amenity (not being able to do things), and also for any financial losses which can reasonably be shown to have been caused by the accident.
The usual suspect here tend to be bike repairs, damaged kit, loss of earnings, care provided by family and friends etc. There are lots of things you can claim for depending on your accident and be sure to take you through it step by step.
Despite liability being disputed, we are normally able to get the defendant insurer to pay for private rehabilitation which tends to be very effective.
They’re not doing this out the goodness of their hearts. They’ve just figured out that it’s cheaper to pay for private rehabilitation at the outset, even in liability disputed claims, than refusing to pay and then find out that an injured biker they are could have rehabilitated has developed a permanent injury leading to a far higher settlement.
In order to prove how badly you’ve been injured, we’ll have to get medical evidence. This will involve you going to see an independent medical expert who will write a report setting out your injuries.
We will usually start with an orthopaedic surgeon but they may ask us to send you to an expert in another discipline depending on your injuries.
Because of the nature of their accidents Bikers often get nerve injuries so a neurology expert is common.
The experts might ask for scans like MRIs or X-rays before they can give a definitive prognosis and where they do, we recommend you follow their medical advice.
We know that being sent off to be poked and prodded is annoying but it really is worth your time. The people who get the maximum possible damages for their personal injury claim are the ones who have their injuries fully documented.
Defendant insurance companies try to buy off claims early for a reason!
Once all that’s done we can present your claim in full to the other side and invite settlement negotiations. This will usually involve a few rounds of offer and counter offer and can occasionally take some time, but once all of the evidence is complete we can usually settle your case pretty quickly.
Each case is difference but we’ll advise you how to achieve the maximum possible compensation.
Will I have to go to trial?
Probably not, although we can’t rule it out.
You have to be willing to go to trial but the reality is that the vast, vast majority of cases settle without the need to go to court.
When presented with a well prepared, well-argued case it’s just not in the defendant insurer’s interest to incur the cost of taking a claim to trial when it would be easier to just settle it.