Cycling And Motorbike Accidents
If involved in an accident on the roads, after receiving treatment many people will now consider whether they may be entitled to any compensation for any economic loss or loss of amenity resulting from the incident. Before making any assumptions about how much you may be able to claim, you should first have a general understanding about how the claim process works and where any compensation might come from.
If you are involved in an accident involving a motorcycle, in most cases the vehicle will have third party insurance as required by UK law. Obviously if the accident is shown to be your fault you will not be able to make a claim, and may in fact find that the other party wishes to make a claim against you via your insurer. Even if you are a passenger on the motorcycle that was at fault, you may still be able to make a claim against the rider's policy in the same way as you would make a claim against another vehicle that was at fault. You should bear in mind that it can be more difficult to prove fault in motorcycle cases, as there can be an assumption that such accidents are less 'avoidable' (e.g. motorcycles are less visible than cars) and also sometimes a negative presumption regarding the road habits of motorcyclists (e.g. motorcyclists are more likely to weave through traffic or to speed).
If you are a cyclist involved in an accident you will not necessarily be entitled to additional compensation just because you are a cyclist and are therefore more 'at risk'. However, if you are a cyclist you are likely to have suffered more serious injuries from a more minor accident and are also at higher risk of accidents caused by poor infrastructure, e.g. potholes in the road. If you are in this type of accident, try to obtain a picture of the site as quickly after the accident as possible, as it may be difficult to prove fault if the road is repaired between your accident and your claim (which sometimes happens). A claim for this type of accident can be made against the Local Authority responsible for maintenance of that highway. A claim may become more complicated if there are factors such as roadworks that were clearly marked at the time of the accident, if that is what caused the accident.
One of the most important things to remember if you are affected by a road traffic accident is to seek medical attention as quickly as possible even if your injuries seem relatively small at first. This is not only important from a health point of view, it can also be vital in proving causation - i.e. a link between the accident and your injury. In certain circumstances you may be able to claim for psychological effects resulting from an accident, but it is important to remember that these are not awarded lightly and may be difficult to claim unless you are able to prove it has significantly affected your life (e.g. if the accident involved a fatality).
In this case, loss can be more difficult for you to prove and it is therefore vital that you seek appropriate medical care that can be fully documented.
If you are involved in an accident involving a motorcycle, in most cases the vehicle will have third party insurance as required by UK law. Obviously if the accident is shown to be your fault you will not be able to make a claim, and may in fact find that the other party wishes to make a claim against you via your insurer. Even if you are a passenger on the motorcycle that was at fault, you may still be able to make a claim against the rider's policy in the same way as you would make a claim against another vehicle that was at fault. You should bear in mind that it can be more difficult to prove fault in motorcycle cases, as there can be an assumption that such accidents are less 'avoidable' (e.g. motorcycles are less visible than cars) and also sometimes a negative presumption regarding the road habits of motorcyclists (e.g. motorcyclists are more likely to weave through traffic or to speed).
If you are a cyclist involved in an accident you will not necessarily be entitled to additional compensation just because you are a cyclist and are therefore more 'at risk'. However, if you are a cyclist you are likely to have suffered more serious injuries from a more minor accident and are also at higher risk of accidents caused by poor infrastructure, e.g. potholes in the road. If you are in this type of accident, try to obtain a picture of the site as quickly after the accident as possible, as it may be difficult to prove fault if the road is repaired between your accident and your claim (which sometimes happens). A claim for this type of accident can be made against the Local Authority responsible for maintenance of that highway. A claim may become more complicated if there are factors such as roadworks that were clearly marked at the time of the accident, if that is what caused the accident.
One of the most important things to remember if you are affected by a road traffic accident is to seek medical attention as quickly as possible even if your injuries seem relatively small at first. This is not only important from a health point of view, it can also be vital in proving causation - i.e. a link between the accident and your injury. In certain circumstances you may be able to claim for psychological effects resulting from an accident, but it is important to remember that these are not awarded lightly and may be difficult to claim unless you are able to prove it has significantly affected your life (e.g. if the accident involved a fatality).
In this case, loss can be more difficult for you to prove and it is therefore vital that you seek appropriate medical care that can be fully documented.
