Motorbike accident compensation claims involve either the driver or a pillion passenger on a motorbike that has been involved in an accident, or a road user – usually a pedal cyclist or pedestrian – that has been injured in an accident involving a motorbike. Accident claims for a personal injury sustained in these cases can be made if somebody else was responsible for the accident, but should only be considered once you have received appropriate medical attention – and if the accident is of a serious nature, the Gardai should be involved as well as an ambulance.
There are many causes of motorbike accidents that lead to claims. The most common involve other motor vehicles where the driver has not paid sufficient attention while driving and either pulled out in front of you or made a manoeuvre immediately in your path. However, not all motorbike accidents need involve another road user, with the following causes responsible for a high number of motorbike casualties:-
- A hole in the road or something sticking up from a hole in the road
- Something left, spilled or fallen onto the highway
- Badly carried out repairs or repair debris on the road surface
- A failure of the motorbike due to mechanical failure
Because of the potential complexity of motorbike accident claims such as these, and the reluctance of local authorities to deal with claims in an efficient manner, it is always best to seek professional legal advice before making a motorbike accident claim.
We offer a free motorbike accident advice line on where you can speak to one of our experienced claim solicitors to discuss your potential case. This free advice service operates 24 hours a day, seven days a week. If now is not a convenient time simply fill in our contact form and we will call you back.
Making Motorbike Accident Compensation Claims
Motorbike accidents claims for compensation are dealt with in the same way as any other personal injury claim. A document, supported by your medical records and a copy of the police report into the incident is submitted to the Injuries Board of Ireland. The board makes an assessment of your injuries, and proposes a figure that they feel adequately compensates you for the trauma you have experienced. However, there are many factors involved in motorbike accident claims that the Injuries Board Ireland fail to take into consideration.
The majority of motorbike accidents involve men with an average age of 35 – not young tearaways as you might imagine. These men are usually the primary wage earners in their household and may not be able to work for a considerable period of time after their accident. Even if they can return to work or do not suffer from a loss of earnings, motorbike accident claims may still need to incorporate additional expenses involved – travelling to and from their place of employment whilst their motorbike is out of commission for example. Some motor cyclists suffer such a degree of psychological injury that they are unable to ride a motorbike for many years after an accident.
So before you approach the Injuries Board with a motorbike accident claim, it is best to speak with a specialised personal injury claims solicitor.
Resolving Accident Compensation Claims
Resolving motorbike accident claims can sometimes take long periods of time. In the past there has been significant discrimination against motorcyclists making motorbike accident claims. The perception was that many motorcyclists are as much a danger to themselves as any other road user. Fortunately, institutions such as the Road Safety Authority produce figures whic h clearly show otherwise, and, with the assistance of a solicitor, a motorbike accident claim generally takes much less time than it used to.
Any impatience you may be feeling about how long it takes for a motorbike accident claim to be resolved should be tempered with the concern that you fall foul of “third party capture” in the event that an insurance company makes you an early settlement offer.
Third party capture is where the negligent party’s insurance company makes an approach to you with an offer of early settlement for your motorbike accident claim. Although the short term money may be welcome – indeed necessary – there are a number of considerations you should take into account before signing on the dotted line.
First of all, you have to be certain that there are no possible long term effects to your health from your motorbike accident; that you no longer need treatment or further examinations, and you have been passed fit to return to work.
Why has the insurance company approached you? Their primary considerations are for their profits and their clients. Where do you think you come? You also need to know that should you accept their offer, you cannot go back for more should your health deteriorate.
Again, it is wise to seek professional guidance from a specialist personal injury claims solicitor when it comes to resolving motorbike accident claims. It does not matter if the claim is made through the Injuries Board or you are approached by an insurance company.
Issues with Accident Compensation Claims
Another scenario, not mentioned before, is when a pedestrian walks out between two parked cars, without paying due care and attention, and you fall from your motorbike and sustain an injury due to their negligence. Although you are fully within your rights to make a motorbike accident claim and sue for compensation, who is going to pay you? Not the Injuries Board Ireland. Whereas hit-and-run drivers can usually be traced by modern surveillance techniques and provision is in place to cover motorbike accident claims when the negligent driver is not insured, if the negligent party is a pedestrian, you need to sue them personally.
This is not impossible, but if the pedestrain does not have household insurance which includes public liability, it may affect the likelihood of payment of the motorbike accident claim. If the pedestrian who has walked into the road is a tenant or young child, then they will most certainly not have public liability insurance. In these circumstances some form of court action will be required in order for you to receive any compensation for injuries sustained.
Whatever the circumstances are surrounding your motorbike accident, it will enhance your prospects of receiving a fair and adequate award of compensation if you consult a specialised personal injury claims solicitor.
We offer a free compensation claim advice line on where you can speak to one of our experienced motorbike accident solicitors to discuss your potential case. Our free advice service operates 9.00am to 6.00pm weekdays. If now is not a convenient time simply fill in our contact form and we will call you back.