Motorcycle Accident Injury Claims Guide
Unfortunately, accidents do happen, and being injured in a motorcycle or motorbike accident with a car can be a life-changing experience. If you’ve been involved in a motorcycle accident, you may be entitled to make a motorcycle injury claim for compensation.
For many, owning a high performance motorcycle or just a small runabout motorbike is a rite of passage. In 2018, over 840,000 riders were on the register countrywide and over 244,000 of those were registered in NSW. Unfortunately, many of the features and qualities of motorcycles that are attractive to riders leave them less protected than drivers, putting them at a greater risk of harm and potentially needing to make a motorcycle accident claim.
What motorcycle injuries can I claim compensation for?
Accidents on the road, especially those involving motorcycles and smaller motorbikes, can leave people involved with a range of physical and psychological injuries. Motorbike accident injuries can include:
- Fractures and broken bones
- Head trauma and brain injury
- Soft tissue damage
- Burns and scarring to the skin
- Psychological trauma such as nervous shock
This isn’t a complete list. No matter what your injury is or how minor you think it might be, you may still be able to claim motorcycle injury compensation.
How can I make a motorcycle injury claim for compensation?
If you’re involved in a motorcycle or motorbike accident with a car or any other vehicle, the first thing you should do after being treated is submit a motorcycle personal injury claim. This is particularly important if you’ve had to take time off work because of your accident and you need to claim for lost wages. Even in situations where you may not feel as though you’ve been injured or lost anything as a result of your accident, it’s well worth finding out if you could be eligible for compensation through the CTP insurance scheme. For a range of articles on making a CTP claim, visit the CTP Claim Advice website.
Who can claim for Injury compensation?
A common misconception is that only the motorbike rider can, but this is simply not true. Motorbike accident compensation claims aren’t just for riders, and other people involved in motorbike accidents may be eligible for a motorbike injury claims.
Whether you’re a motorcycle rider or passenger, a cyclist, pedestrian or bystander, you can make a compensation claim if you’ve been injured in a motorcycle accident. Examples of people who could have a claim include:
- A rider, driver, or passenger of a motorbike or car
- Parents or legal guardians of children injured in a motorbike accident
- A cyclist injured by a motorbike
- A road user injured when trying to avoid an imminent or ongoing accident
- Single vehicle accidents not involving other road users
- A worker injured on a work motorcycle
Who will pay for my motorbike injury compensation?
In NSW, the compulsory third party (CTP) insurer of the driver of the vehicle that was mostly at fault covers motorcycle accident compensation payments. For example, if you’re waiting at a traffic light and a driver hits you from behind causing you injury, the driver’s CTP insurer would be liable for your compensation payments. CTP insurance is compulsory in all Australian states and vehicles cannot be registered without a CTP policy in place.
It’s advised that you don’t delay and make a personal injury claim as soon as you can so that you can minimise your losses and receive your injury compensation payments quicker. In NSW, after you’ve notified the insurer of the vehicle mostly at fault in your motorcycle accident, you need to lodge an application for personal injury benefits.
||You have 28 days after the date of the accident to lodge this application to get back-payment for any lost wages. The final deadline for lodging your motorcycle injury claim is three months from the date of the accident.|
If you think you may have an injury compensation claim, it will cost you nothing to contact Law Partners for advice. As soon as you call us, we’ll put you straight through to one of our specialist motorcycle injury lawyers who’ll be able to assess your case and advise you.
How much motorcycle injury compensation can I claim?
The amount of motorcycle accident compensation that you can claim depends on the circumstances of your accident. Some claims can receive compensation as high as five or even six figures. In some cases, motorbike injury compensation claims can even go into seven-figure territory. There are many factors that can influence the final figure you receive, including:
- How old you are
- Whether you were responsible (fully or partly) for the accident
- The extent of your injuries
- Pain and suffering
- Any financial losses (medical bills, wages, etc.) that you have suffered
- Any care or help you have needed at home
Again, this isn’t a full list. Every claim is different and has its own unique circumstances. That’s why each motorcycle accident personal injury claim is assessed on its own facts by our team of experienced personal injury lawyers. Generally speaking, the purpose of compensation is to “bridge the gap” between your life before and after your accident. That’s why lots of factors are accounted for and why you should seek advice from an experienced motorbike injury compensation lawyer.
||To find out how much you can claim or to get free legal advice on your claim, speak to a motorcycle injury claims specialist at Law Partners today.|