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ERS Motorbike Insurance Compensation Claims Guide

Within this guide to making a personal injury claim against ERS Motorcycle Insurance, we shall explore both bikers who have suffered a motorbike injury and need to make a split liability claim, and also other road users injured by the actions of a motorcycle rider who need to claim against the rider’s insurance.

ERS motorcycle insurance accident claims guideThere may be unique aspects of your claim that require specific information this guide doesn’t provide.

In this case, please give our team of claims advisors a call on 0800 073 8804. A knowledgeable advisor will be ready and waiting to provide you with any help you may need.

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A Guide To ERS Specialist Motorcycle Insurance Claims

Below, you’ll find a detailed guide to bringing an ERS motorcycle insurance claim is aimed at two different kinds of claimants. Firstly, motorcyclists who are insured by ERS and need to bring a claim against their own insurance for some reason (more on this later). Secondly, other road users who are injured by a motorcyclist who is insured by ERS.

We start the guide off with a general overview of what these types of claims are. We then move on to explain some of the kinds of situations in which a claim could arise. The role of underwriters is covered, in addition to how your claim will be assessed by the insurer. We provide an explanation of why it could be a bad choice to accept a pre-medical settlement offer, and how a solicitor would likely help you to secure a higher level of compensation. The last sections of this part of the guide list some information you can provide to your lawyer to support your claim, and a discussion of the concept of eligibility to claim.

The next part of this guide contains several sections that cover different financial aspects of a claim. We have added a table that you can use to look up your injury and find out the range of compensation it might attract. You will also find an explanation and list of the types of compensation your settlement could consist of if your claim is a success. Lastly, we take a look at No Win No Fee claims and how this legal agreement can minimise the financial risk of making a claim, whilst ensuring you have access to the legal expertise you need.

If you have any questions about the contents of this guide or the process of making a claim in general, please call one of our friendly claims advisors on the telephone number at the beginning or bottom of the guide. One of our expert claim advisors can answer any questions you have and offer you some free legal advice on how best to proceed with your claim.

What Is A Motorcycle Accident Insurance Claim?

Like most motorcycle insurance companies, ERS specialist insurance is tailored to motorcyclists, with insurance products for riders with multiple bikes, those who ride classic bikes at a very low mileage every year, moped riders, and so forth. Motorcyclists using ERS as their insurer know that they are dealing with a company that understands their specific needs, and this includes understanding how motorcyclists face specific road hazards other road users do not.

The rider will generally not claim against their own insurance when involved in an accident unless it is a split liability claim. However, when a rider causes an accident, and a third party is harmed or suffers a loss, it is ERS that they will claim against.

For more information about the claims process and the responsibility of an insurer such as ERS, please contact a knowledgeable advisor today.

When Could You Make A Motorcycle Accident Insurance Claim?

It isn’t just a motorbike accident that could result in somebody needing to bring a compensation claim against ERS. There are other scenarios as well. A list of which may include:

  • Theft of a motorcycle insured by ERS.
  • Damage to a motorcycle insured by ERS, which cannot be attributed to a third party. For example, a motorcycle being knocked over and no witnesses saw who did it.
  • For harm and loss endured by a motorcyclist who is covered by ERS Insurance, but liability is shared equally with one or several third parties in a split liability claim.
  • Damage to a vehicle or private property that was caused by an accident that was the responsibility of a biker insured by ERS.
  • For physical harm to the driver or passenger of a vehicle that was caused by an accident for which a motorcyclist injured by ERS was responsible.

If you would like to know if you could be in a position to bring a case, call our team and ask an advisor to evaluate your claim for you.

What Are Insurance Underwriters?

When you take out a motorcycle insurance policy with a company such as ERS, the policy may be underwritten by a third party or by the insurer themselves. The underwriter acts as the financial guarantor to ensure that claimants can receive any compensation settlement they are awarded. In effect, the underwriter is gambling that the total value of claims is lower than the overall revenue generated by the policies they have underwritten.

ERS acts as its own underwriter, meaning there is no third party involved in the claims process. This simplifies the claim somewhat, as there will be no input from a third party that could potentially derail the claim.

If you would like more information about the role in which an underwriter plays in relation to vehicle insurance, please contact an expert advisor today who can help you further.

How Are Insurance Claims Assessed?

When, for example, a company such as ERS receives notification of a motorcycle accident involving one of their customers, a process is triggered internally. ERS would request relevant information from the customer, and if an insurance payout is due, the customer will be paid this.

If the claim is disputed, things become more complicated. The customer would need to prove to the insurance firm that their decision is wrong. In this case, engaging a solicitor to help make the claim would be necessary. This is something we can assist you with. If you call our claims line, an advisor can tell you how.

What To Consider Before Accepting A Motorcycle Insurance Claim

If ERS contacts you to offer you a pre-medical settlement, what should you do? Is it wise to accept such an offer? A pre-medical offer, as the name suggests, is made before your injuries and the effect they will have on your life have been evaluated. For this reason, the offer will likely be much lower than an offer that is made by forging ahead with a full claim. A personal injury solicitor can help you to prepare the case for your claim, and this will include ensuring that you have been examined by a medical professional and the results of this examination have been submitted in support of your claim.

When A Solicitor Could Help With Insurance Claims

As described above, a personal injury lawyer could assist you in making a claim for a greater amount of compensation if you have been offered a pre-medical settlement. They can also assist in obtaining the evidence that will support your claim, assess the value of your case for you and tell you what level of compensation might be appropriate.

Our personal injury and accident solicitors have over three decades of experience providing this kind of service. If you would like us to go ahead and introduce you to one of our solicitors, please give our team a call today.

What Information Should You Provide A Solicitor?

As part of the process of making personal injury claims, your solicitor is going to expect you to provide them with the information they need to be able to process your claim successfully. Information such as:

  • Details of any third party involved and their insurer.
  • The information of your insurer and policy.
  • Any medical evidence you have in relation to your injuries and the prognosis for a full recovery.
  • Documented evidence of any financial losses already incurred.
  • Any evidence you have, such as photographs of the accident.
  • A reference or incident number from the police if they attended the accident.
  • Contact information for anyone that could be approached to provide witness testimony down the line.

If you want some advice about the types of information one of our solicitors would need in order to start working on your claim, please discuss it with our team of advisors today.

Check That You Are Eligible To Make A Claim

In this section, we will attempt to explain what it means to be eligible to bring a claim for a motorcycle for injury. There are a number of things that need to be in place in order for you to be potentially eligible to start a claim. These include:

  • You must instigate your case within the applicable personal injury claims time limit.
  • You need to be over the age of 18 unless a parent or guardian is acting as your litigation friend.
  • You need to have suffered some form of physical harm or loss that was caused by the accident.
  • In the case of a road user making a claim against a biker insured by ERS, they will need to prove that the motorcyclist is at least partially liable for causing the accident.

If you are unsure that you are eligible to claim in your own circumstances, then please contact our team. One of our expert advisors can explain the concept to you in more detail and let you know if you have a potentially valid claim or not.

Motorbike Injury And Accident Claims Calculator

Using the table below, it’s possible to gauge the level of compensation that might be awarded based on your own injuries. We created this table by basing it on the actual figures published in the guidelines provided by a legal body called the Judicial College.

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Injury Severity Notes Compensation
Injured hand Minor Generally includes minor fractures that heal within 6 months. Up to £4,461
Injured arm Moderate Injuries of this severity could include any injury that will eventually heal, but leave the victim with a permanent or long-term impairment of some kind, but which would not have a significant negative impact up the victim’s life. A good example of this kind of injury is tennis elbow. A fairly serious medical condition that takes an extended period of time to heal fully, leaving the patient’s arm impaired for the duration. We also might include injuries such as hairline or simple fractures, sprains, strains and dislocation, as well as deep puncture wounds, lacerations and crush injuries. Up to £11,820
Injured back Moderate Injuries of this severity could include any injury that will eventually heal, but leave the victim with a permanent or long-term impairment of some kind, but which would not have a significant negative impact up the victim’s life. As an example, a crushed back vertebra that requires spinal fusion to treat. Causing chronic pain and the risk of osteoporosis in the future. £26,050 to £36,390
Injured neck Minor Strains or sprains that heal within 3 months. Up to £2,300
Injured foot Moderate Injuries of this severity could include any injury that will eventually heal, but leave the victim with a permanent or long-term impairment of some kind, but which would not have a significant negative impact up the victim’s life. As an example, a displaced metatarsal fracture. A painful injury that takes time to heal, and could leave the patient with a change in gait and unable to wear off the shelf footwear. £12,900 to £23,460
Injured leg Moderate Injuries of this severity could include any injury that will eventually heal, but leave the victim with a permanent or long-term impairment of some kind, but which would not have a significant negative impact up the victim’s life. For example, multiple injuries to a single leg such as hairline or simple fractures, sprains, strains and dislocation, as well as deep puncture wounds, lacerations and crush injuries £26,050 to £36,790
Injured head/brain Moderate Injuries of this severity would leave the victim with impaired cognitive ability, memory problems, or issues with speech, hearing or vision. They would be unlikely to find employment and their life would be affected for the foreseeable future. £40,410 to £205,580

A personal injury claims calculator could also give you a rough idea of how much you could claim for your injuries. However, for a much more accurate estimate, speak to our advisors and arrange for a solicitor to evaluate your claim.

Further Damages You Could Be Compensated For

If your solicitor reaches a positive resolution to your claim and you are awarded compensation, then the settlement will be made up of potentially different types of damages.

General damages relate to the physical reasons for making a claim, such as pain and suffering, including psychological harm. The amount of compensation is determined by factors such as how bad the injuries were, whether a full recovery is likely, and any lasting impairment the victim might suffer. For example, a broken leg will attract less compensation than a motorcycle brain injury that left the victim severely disabled. Typical general damages cover:

  • Disabilities, either permanent or long-term.
  • Traumatic or painful treatment such as invasive surgery.
  • Psychological damage and conditions such as depression or anxiety.
  • Suffering at the time of the accident or while receiving emergency treatment.
  • Stress and shock caused by undergoing a traumatic event.

Special damages all relate to the non-physical reasons to bring a claim, such as financial and other ad-hoc losses. When claiming for monetary loss already encountered, the claimant will need to provide invoices, receipts, bills, and other documented proof to support their claim. Typical special damages include:

  • Loss of earnings due to missing work during your recovery.
  • Lowered working prospects or lessened ability to work down the line, affecting your potential lifetime income.
  • Private healthcare that the NHS could not provide.
  • Care costs, such as hiring a nurse or home help.
  • All costs related to the accident, your injuries, or the claims process itself. Such as travel expenses to visit your solicitor or attend hospital.

For more information on the specific damages that might be applicable in your own case, please call one of our claims advisors. An advisor will assess your case and tell you the types of damages you could possibly claim for.

No Win No Fee Motorcycle Accident Insurance Claims

Did you know that using a No Win No Fee lawyer is a way to secure the legal expertise you need whilst minimizing the financial risk of bringing a case at the same time? Your solicitor will not seek payment unless the case is successful.

There is no fee for the lawyer to start working on your claim for you or whilst it is being processed. If you do win your claim, the solicitor will likely ask you to pay a small success fee, capped by legislation, so you won’t run the risk of losing a chunk of your compensation.

Talk To Legal Expert Today

Do you need some free legal advice about bringing a compensation claim for a motorcycle injury? Maybe you are ready to have your claim processed for you, and need to find a good solicitor? Either way, contact our team on 0800 073 8804. When you do, a claim advisor will answer any questions you have, and advise you on the best way to proceed with a claim.

Essential References

You can also learn more about motorcycle accident claims below:

Each of these external links leads to a page that could contain some relevant, additional information:

Facts About Motorcycle Casualties

British Motorcycle Foundation Information About Safety

UK Road Accident Statistics

 

Guide by Wheeler

Edited by Billing

Novitas Motorcycle Insurance Compensation Claims Guide

If you’ve been injured in an accident with a motorcycle, there’s a chance that their policy has been brokered by Novitas insurance. Although the other person involved in the accident might give details of another insurance company, this guide is going to explain how you could claim against an insurer provided by Novitas for injuries sustained in an accident caused by one of their policyholders. We’ll look at what types of accidents could happen, what underwriters do and when you could be eligible to claim. We’ll also look at how much insurance you could be paid.

Novitas motorcycle insurance accident claims guide

Legal Expert is a specialist in helping people bring personal injury claims. We provide a no-obligation assessment of any claim and free legal advice too. If your claim is strong enough, you could be referred to one of our specialist solicitors. They work on a No Win No Fee basis for all claims that they handle.

To begin your claim today, please call 0800 073 8804 right away. Alternatively, please continue reading to find out more about when you could make a claim.

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A Guide To Novitas Motorcycle Insurance Claims

Novitas is a specialist motorcycle insurance agency. They aren’t an insurance company but are an agent of a number of leading UK insurers.  As well as brokering motorbikes policies they also offer quad bike insurance.

As a result, if you’re involved in an accident, the rider involved might not mention Novitas as they won’t have purchased the insurance from them directly. In reality, that should not matter as your solicitor will handle the claim on your behalf and ensure it’s directed at the right company.

When you go through this guide, you’ll find out about the types of injury you could claim for, such as a motorcycle head injury, what evidence you need to support your claim and what you can include in your claim. We’ll also provide advice on what insurance companies consider when handling claims and how a personal injury solicitor could help you receive a fair compensation settlement.

Our advice regarding legal support is that you begin as soon as possible. That’s because there is a personal injury claims time limit. In general, this is 3-years from the date of the accident. While that sounds like a long time, your solicitor will need to perform a number of tasks such as evidence gathering, arranging medical assessments and preparing the claim. Therefore, the sooner you can begin, the better.

Our team of specialist solicitors has 30 years’ experience handling claims for injuries sustained in road traffic accidents. They’ll provide you with regular updates regarding the claim and handle all communications on your behalf.

When you’ve completed our guide, if you’d like any further information, please call a member of our team. They’ll answer any questions you may have and could help you begin your claim once you’re ready to do so.

What Are Claims Against Novitas Motorcycle Insurance Policies?

The type of claim you might make against a policy that’s been brokered by Novitas insurance include accidents involving:

  • Motorbikes or motorcycles.
  • Quad bikes.
  • Scooters or mopeds.
  • Couriers or food delivery motorcyclists.

Essentially, you could claim for any type of road traffic accident, in which you were injured, where the policyholder was negligent and responsible for the accident.

If you’re unsure whether you’re eligible to claim, please speak with an advisor. Once they’ve assessed your claim, for free, they’ll let you know whether you could be compensated.

When Could I Make A Motorcycle Insurance Claim?

So, if you’ve been involved in an accident involving a motorcycle, what could you claim compensation for? Here are some examples:

  • Damage to your own vehicle. This could be a car, van, moped, scooter or motorcycle, amongst others.
  • Any injuries you’ve sustained as a result of the accident. You could also claim if you had an existing injury which was made worse by the accident.
  • Specific injuries related to road traffic accidents, such as whiplash or concussion.

When you’re offered a motorcycle injury settlement from an insurer, it’s important that it covers all of your injuries and financial losses. That’s because, once you’ve settled a claim, you can’t go back and ask for more compensation later. That’s why having a specialist solicitor on your side can really help. Their experience should mean they check everything with you prior to submitting a claim. They’ll look at your initial injuries and losses, but they’ll also use medical specialists to determine whether there could be any long-term suffering that you might need to claim for.

What Are Insurance Underwriters?

As already mentioned, Novitas is not an insurance company, but an underwriting agency working for many of the large UK insurers.  An underwriter’s job is to evaluate the risk of insuring a motorcyclist to work out if it’s profitable for an insurance company to provide a policy. Once the level of risk has been identified, the underwriter will set a price (or premium) that the customer will pay in exchange for the insurer taking on the risk.

In some cases, an insurer may use their own underwriters to determine the premiums a customer will pay. However, in the case of an underwriting agency, the insurer will authorise the agency to set the price and issue the policy to the customer.

Insurance brokers can try to obtain different prices for their customers by asking multiple underwriters for their best price to provide the cover. In general, once a policy has been provided, all administration of their policy, such as claims handling, will be performed by the insurer’s staff and not the underwriter.

What Insurance Companies Consider Before Settling A Claim

If you’re claiming against your own insurance policy following an accident (something we don’t usually advise you to do), then your insurer will consider a number of things before settling. These can include:

  • Whether you were named on the insurance policy.
  • If you were riding to work without business cover on your insurance. You might be covered for social, domestic and pleasure, including commuting, but if you weren’t riding to your usual place of work, you may not be covered.
  • Where parents have purchased bike insurance for their child’s bike because it’s cheaper, the child won’t be covered if they were not named on the policy.
  • If the motorbike has been modified but the insurance company were not informed, then the policy might be invalidated.

Some of the reasons listed above are often listed as assumptions when you sign an insurance policy. While the insurer might not check them at the time you sign up for the policy, they could do when settling a claim. Therefore, you should ensure all of the assumptions are correct at the time of purchase to ensure you’re fully covered.

What Should I Think About Before Accepting An Offer?

Something you should bear in mind before agreeing to settle an insurance claim is that insurers will be acting in their best interest and not yours. This means that any offer they make to you directly could be less than you’d receive if you claimed via a solicitor. While it might be desirable to settle the claim early, you might be missing out on compensation that you could come to rely on later.

Before accepting any offer from an insurance company, here are some of the things you should consider:

  • You’re under no obligation to accept any offer presented to you. Remember it could be lower than what you’d have been offered when using a solicitor or through the courts.
  • If you’ve suffered any injuries, ensure you seek medical advice before accepting an offer. A medical assessment could identify long-term problems that you may need additional compensation for.
  • There’s no need to accept an offer quickly. As mentioned earlier, there’s a 3-year time limit for settling compensation claims.
  • If you’re asked to sign anything by the insurer, make sure you understand what you’re signing for.
  • There’s no obligation to use a solicitor suggested by your insurer. You can appoint your own at any point during the claims process.

Remember, insurers will consider their own company’s interests before yours. That means, they’ll try to settle for as little as possible but that might mean you miss out on the compensation you need to help you later on.

When To Approach A Solicitor About Your Case

We believe that you’re more likely to receive a fair settlement from an insurer if you have a specialist solicitor representing you. Our personal injury solicitors can:

  • Review your case to make sure it’s viable.
  • Arrange a medical assessment with a local medical specialist so that your injuries are fully understood.
  • Help you to make sure all aspects of your claim are considered before your claim is submitted.
  • Handle all communications and try to counter any arguments that the insurer makes to try and ensure you receive the right level of compensation.

As our solicitors will be thorough when preparing your claim, it might take a little longer than if you claimed directly. However, they’ll act as swiftly as possible and the additional time taken could make a big difference to the amount of compensation you receive.

Please get in touch as soon as possible to discuss your claim and to start the claims process.

Information And Evidence To Provide Your Solicitor

When you make any type of motorcycle injury claim, you’ll need evidence to support your claim. It will need to show what happened, who was to blame and the injuries that you suffered. Therefore, if you’re involved in an accident, you could:

  • Photograph the scene of the accident before any vehicles are moved if it is safe to do so.
  • Gather details from any witnesses.
  • Locate any CCTV footage or dashcam footage that captured the accident.
  • Request copies of medical records from your GP or the hospital that treated you.
  • Photograph any visible injuries.

Medical records are a key part of your claim. They can help to prove the exact nature of your injuries and any treatment you underwent. So, even though taking the steps above might seem time-consuming, they could really help make the claim easier.

If you need any advice regarding the evidence you’ve collected, please ask a member of our team.

Making A Motorcycle Accident Personal Injury Claim

To make a claim for a motorbike accident, you’ll need to prove that:

  • You were owed a duty of care by the defendant. All road users have a duty of care to protect others, so this is almost always true.
  • That the defendant breached their duty of care in some way and caused an accident to occur.
  • That you were injured in that accident.

You could claim against a rider whose policy has been obtained through Novitas motorcycle insurance if they caused an accident with you and you were a car driver or passenger, pedestrian, cyclist, motorcyclist or any other type of road user who was injured.

In some cases, the defendant will be solely responsible for the accident and you’ll receive compensation accordingly. However, you could also claim if you were partly to blame. In these cases, known as split-liability, your solicitor and the defendant’s insurance company will agree how much you were to blame. For instance, they might decide on a 75:25 per cent split. The claim would continue as normal, but you’d receive 25% less compensation when it is settled.

Motorcycle Injury Compensation Claims Calculator

Now that we’ve reviewed why you could claim compensation against an insurer provided by Novitas motorcycle insurance, we’re going to look at the amount of compensation you could receive. The table below has been provided instead of a personal injury claims calculator which can be difficult to use. The figures show how much compensation could be paid for specific injuries. They’re based on a set of guidelines produced by a legal organisation known as the Judicial College. Because there are so many different injuries that could be sustained, this list isn’t comprehensive. Please call and speak with us to discuss your claim for a more accurate compensation estimate.

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Type of Claim Severity Compensation Further Details
Neck Injury Severe £42,680 to £52,540 Where an injury causes a dislocation or fracture (or severe damage to soft tissues) that lead to a significant and permanent disability.
Neck Injury Minor £4,080 to £7,410 Soft tissue damage to the neck where fully recover occurs, without surgery, between one to two years.
Back Injury Moderate £26,050 to £36,390 Examples in this category include crush or compression fractures of the lumbar vertebrae causing a substantial risk of osteoarthritis.
Back Injury Minor Up to £7,410 Where a soft tissue injury takes between 3-months and 2-years to recover without surgery.
Shoulder Serious £11,980 to £18,020 A dislocate shoulder with damage to the lower part of the brachial plexus which causes neck and shoulder pain.
Wrist Fracture In the region of £6,970 This category covers injuries like an uncomplicated Colles’ fracture.
Hip Moderate £24,950 to £36,770 A hip injury deemed significant but where any permanent disability is not major.
Leg Less Serious £16,860 to £26,050 Serious soft tissue injuries or fractures where an incomplete recovery is made leaving disabilities like a limp or defective gait.

As every claim is compensated based on how severe any injuries are, it is paramount that your personal injury solicitor can prove the true extent of your injuries. Otherwise, you might receive less compensation than you should. As part of the personal injury claims process, our solicitors can arrange for you to see a medical specialist local to your area. They will assess you, ask various questions, and review your injuries. Then they’ll prepare a report which details how you were injured, what suffering was caused, and if there will be any long-term suffering.

Could I Claim Compensation For Costs And Losses?

As part of your motorcycle accident claim, your solicitor is able to claim for two heads of loss: general damages and special damages. In the previous section, the compensation table provides examples of payments made to cover general damages. These are designed to cover any loss of amenity as well as pain and suffering.

Special damages are designed to compensate you for any financial losses linked to your accident. When making a Novitas motorcycle insurance claim, your solicitor could ask for:

  • Medical Expenses.
    Even though you’ll probably receive treatment on the NHS, the cost of prescriptions, over the counter medicines and other treatments could soon add up. Therefore, you could claim these costs back.
  • Care Costs.
    In cases where you require support while you’re recovering, you could claim back any care expenses. For instance, if a friend or family member looked after you, an hourly rate for their time could be calculated and claimed back. Also, you could ask for any professional carer’s fees to be included too.
  • Travelling Costs.
    During your recovery, you might need to visit a GP, pharmacy or hospital on multiple occasions. This means you could be entitled to claim for fuel, parking and other travel-related expenses.
  • Lost Income.
    Where your motorbike injury means you need time off work for medical appointments or to recover, you could claim back any lost earnings. For instance, if your employer only pays statutory sick pay, you could claim back the difference between SSP and your normal income.
  • Damaged Property.
    If any item of personal property is damaged in the accident, you could ask for the cost of repairing or replacing it. This might include clothing, jewellery or your mobile phone.

Please try to keep receipts, bank statements and payslips to help prove your special damages claim.

No Win No Fee Motorcycle Accident Damages Claims

One of the biggest worries when considering a personal injury claim is the cost of hiring a legal team. To reduce your financial risk and to give you the confidence to seek compensation, our specialist solicitors work on a No Win No Fee basis.

A claim begins with an assessment of the case by your solicitor. Should they agree your claim has merit, they’ll provide you with a No Win No Fee agreement (also known as a Conditional Fee Agreement or CFA) to sign.

The CFA is important because it makes it clear that:

  • There are no upfront fees required for the case to begin.
  • You don’t have to pay any fees during the claim.
  • If the case is lost, you won’t have to pay the solicitor’s fees.

When a case is won, the solicitor can ask for a small contribution towards their costs known as a success fee. Don’t worry about this too much though as they’re legally capped. The success fee, which is a percentage of your compensation deducted at the end of the claim, is listed in the CFA so there won’t be any surprises at the end of the process.

To find out if you can claim compensation using our No Win No Fee service, please contact an advisor today.

Talk To Our Team

If you’d like to discuss making a claim against a policy brokered by Novitas motorcycle insurance, then we’d love to help you. Here are our contact details:

  • You can call and speak directly to a specialist advisor on 0800 073 8804
  • You can send details of your claim by email to info@legalexpert.co.uk.
  • We provide a live chat service so that you can discuss your claim with an online advisor.
  • Or, finally, you could ask for a call back by completing this online claims form.

When you contact us, an advisor will begin by reviewing your claim with you. They’ll look at what happened, how you were injured and any supporting evidence you can supply. If your claim seems viable, they’ll connect you with a specialist personal injury solicitor. If they agree to help with your claim, it’ll be on a No Win No Fee basis. Call today to find out whether we could help you claim any compensation you might be entitled to.

Essential References

This is the final section of this guide about claiming against a policy brokered by Novitas motorcycle insurance. We hope you’ve found the information useful and informative. To provide further assistance, we’ve provided some additional guides and relevant links below.

Motorcycle Highway Code – Sections 83 to 88 of The Highway Code aimed specifically at motorcyclists.

Concussion Guide – Information from the NHS about what to do if you suspect you’ve been concussed.

ROSPA – The Royal Society for the Prevention of Accidents is a UK based charity.

You can also learn more about motorcycle accident claims below:

 

Written by Hambridge

Edited by Billing

LV Motorcycle Insurance Compensation Claims Guide – Motorcycle Accident Insurance Personal Injury Claims Against LV Insurance

How To Make An LV= Motorcycle Insurance Claim

In this online guide, we are going to explain the legal process of making LV= Motorcycle Insurance claims. We will cover bikers who are insured by LV= and suffer some kind of motorcycle injury in a motorbike accident. And also any road user who is injured in an accident that was caused, at least partially, by a motorcyclist that is insured by LV=.

LV=-motorcycle-insurance accident claims guideIf you have any questions that are specific to your own claim and that this guide does not answer, call our claims team today on 0800 073 8804. One of our claim advisors will be able to give you the answers that you need and also help to get your claim underway as simply as possible.

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A Guide To LV= Motorcycle Insurance Claims

This online guide to making a compensation claim against LV= Motorbike Insurance is aimed squarely at educating people about why they may have valid grounds to make a claim and the process of getting such a claim underway. If you have been involved in a motorcycle accident, either as a motorcyclist or another road user injured by a motorcyclist, then this guide will provide you with enough information to approach your claim from a position of understanding and to make informed decisions.

We will begin this guide by looking at what an LV= claim is, as well as the kind of insurance products the firm provides. We will cover both motorcyclists insured by LV= and also third-party road users that are involved in an accident caused by an LV=-insured biker.

The next part of this guide looks at several legal considerations when claiming, and these are:

  • Specific circumstances that could lead to a claim.
  • LV= Insurance and underwriting.
  • How to deal with a claim if your insurer disputes it.
  • Whether you should take an initial pre-medical out of court settlement offer or not.
  • Why a solicitor can generally help to get you’re a higher compensation settlement that accepting an out of court offer yourself.
  • A list of the kinds of information a solicitor will need to begin processing your claim for you.
  • A brief look at the eligibility criteria for making a compensation claim.

The latter section of the guide is dedicated to information on the financial considerations attached to claiming. You will find a useful table that might help you to work out the level of compensation you could expect to receive if you make a claim, followed by a list of some of the more common kinds of damages you may claim for. We provide information about what a No Win No Fee claim is, and why for many people this is the ideal vehicle for bringing a claim. We finally offer some advice on how to get your claim started.

If at any point you have a query about making an LV= Insurance claim that this guide does not answer, or you are ready for a personal injury lawyer to begin working on a claim for you, then please contact our claims team on the phone number near the end of this page. An expert claim advisor will talk through our claims process with you and provide you with any additional assistance you may need.

What Is A LV= Motorcycle Insurance Claim?

LV= offers motorbike insurance cover and a certificate of motor insurance to motorcyclists as specialised products. These include multi-bike, low mileage, vintage and moped insurance. These policies can be claimed against in the case of a motorbike injury in certain situations. There are two different types of entities that could claim against LV=, and these are:

  1. Motorcyclists who are insured by LV, and need to make a claim against their own insurance. This could be because their bike has been stolen or damaged in some way, and the perpetrator is unknown. It could also include split liability claims when the biker shares responsibility for the accident with one or more third parties.
  2. Any road user that is injured in an accident that has been caused by a person insured by LV=. The injured party would claim damages against the insurance policy provided to the rider by LV=.

If you are unsure whether you may be eligible to make a compensation claim or not, then please speak to one of our claim advisors. They can evaluate your claim for you and let you know.

Circumstances In Which People Claim Against LV= Motorcycle Insurance

In this section, we are going to take a look at some of the kinds of circumstances that could lead to a person being in a position to make a claim against LV= Motorcycle Insurance. This includes.

  • Damage to a motor vehicle that has been caused by the actions of a rider insured by LV=.
  • Personal injuries that have been caused by an accident that a rider insured by LV= was responsible for.
  • Damage to a motorcycle that is insured by LV=, for which no responsibility can be attributed, so a split liability claim must be made.
  • Personal injuries suffered by a rider who is insured by LV=, for which no responsibility can be attributed, and so again a split liability claim must be made.
  • For theft of a motorcycle insured by LV=.
  • For damage caused to a motorcycle insured by LV=, for which the perpetrator cannot be identified.

These are the main claim criteria, but there could be others. If you speak to one of our claim advisors and explain your situation to them, they will let you know whether you might have a valid basis for a claim or not.

Do LV= Insurance Use Underwriters Or Brokers?

LV Motorcycle Insurance acts as its own underwriter for the majority of its insurance products, and this includes motorcycle insurance. What this means is that LV= is responsible for the entire end-to-end claims process and will not need to defer to the decisions of a third-party underwriter. This could potentially streamline the claims process for claimants.

If you need more information relating to the role of an underwriter in a personal injury claim, please speak to a member of our claims team today.

What Happens If Insurance Companies Dispute A Claim?

Does LV= do motorcycle insurance? Yes, the firm offers a number of specialised motorcycle insurance products. When you take out an LV= motorbike insurance policy, you are then insured to ride the motorcycle or motorcycles the policy covers. You may then be able to make a claim against your own policy in certain situations. Also, third-parties that suffer harm or loss in an accident that was your fault can claim against your insurer.

However, LV= may refute a claim for some reason, telling the claimant that they do not accept liability and will not be paying compensation. In this situation, you are going to need legal help to build your case and prove the claim is in fact valid. We can help with this; speak to one of our claim advisors to learn how.

Should I Directly Deal With My Insurance Company And Take The First Offer?

One of the first steps in making a personal injury claim against LV= is informing the firm that an accident has taken place. When you do this, you may receive communication from the company offering free legal help to make a claim or offering a pre-medical out of court settlement.

You should think long and hard about accepting such an offer. It will not have taken into consideration your injuries, the prognosis of your recovery, and any long-term or permanent impairment that you will be left with. In many cases, a higher settlement would likely be agreed if the initial pre-medical offer is turned down. If you want some advice about this, such as finding out if an out of court settlement is fair, or whether it is advisable to move on to a court decision, please speak to one of our advisors.

Could A Solicitor Help Secure A Higher Payout?

As we mentioned in the previous section, using a personal injury solicitor to process a claim for you could result in you receiving a higher level of compensation. A lawyer can help you to prepare for your claim in a way that will show the full extent of the harm and loss you have suffered. They will value your claim for you and advise you on a suitable amount of compensation you should be prepared to accept. If no out of court settlement is agreed, your lawyer will represent you in court when your claim is brought forward for a court to decide upon. Overall, using a solicitor to help you make your claim will result in a higher level of compensation being won.

What Information Do Solicitors Need To Help You Claim?

When preparing to make a personal injury claim, there are a number of things that a claimant can provide to their solicitor to help support their claim, and to streamline the process of making it. This could include:

  • Details of all road users and vehicles involved in the accident.
  • Details of your own vehicle and insurance.
  • Any photographic evidence that you took at the scene of the accident.
  • The police incident number if the police attended the scene of the accident.
  • Contact details for any witnesses to the incident who could be called upon to give a testimony or provide a witness statement at a later stage if needed.

For more advice on how you can best prepare for making a claim in a way that will support your solicitor, please speak to our claims team and one of our expert advisors can help you with this.

Could I Make A Motorcycle Accident Compensation Claim?

For you to be in a position to make a compensation claim, several factors will need to be true, for example:

  • You will need to begin your claim within the personal injury claims time limit.
  • You must be able to prove that a third party was responsible for the harm or loss you suffered unless you intend to make a split liability claim.
  • You must have suffered either physical harm of loss that would have been avoided had the accident took place.
  • You must be over the age of 18, otherwise, a third party such as a parent or guardian will need to act as your litigation friend.

These are some of the precursors to making a claim. If you need clarification of this, then please call our claims team, they can help you further.

Motorcycle Accident Compensation Claims Calculator

This table has been based on guidelines published by a legal body known as the Judicial College. You may be able to use it to work out how much compensation you could receive.

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Injury Severity Notes Compensation
Injured hand Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. Also, any injury that has been partially treated using surgery. This might be deep lacerations or puncture wounds, etc. £5,260 to £12,460
Injured arm Moderate or minor We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. Also, any injury that has been partially treated using surgery. As an example, a medical condition such as tennis elbow could fit into this category. Up to £11,820
Injured back Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. As examples, a compression or crush fracture of the back vertebrae, that results in significant discomfort and leaves the victim prone to other conditions such as osteoporosis sometime in the future. Disc surgery might be required, or treatment such as spinal fusion. £26,050 to £36,390
Injured neck Minor Soft tissue injuries which resolve within 3 months. Up to £2,300
Injured foot Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. As an example, a displaced metatarsal fracture that leaves the victim unable to wear normal shows, and affects their gait. £12,900 to £23,460
Injured leg Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. However, employment status may be affected. As examples, fractures or soft tissue injuries to one leg, with a risk of an imperfect union, requiring surgery to correct. £26,050 to £36,790
Injured head/brain Moderate We would include, in this category, all head or brain injuries that result in sight, speech or hearing being affected, some loss of cognitive ability, or impaired memory function. Work prospects would be low. £40,410 to £205,580

You might also be able to find a personal injury claims calculator to get a rough estimate of your claim. However, if you want a more accurate indication of the level of damages you might receive, our team can arrange for a solicitor to value your claim for you. Simply give them a call.

Special Damages Motorcycle Accident Victims Could Claim

If your claim is a success, you will be awarded an overall settlement that comprises a number of different kinds of damages, broadly split into general damages and special damages.

General damages cover physical and psychological harm. They are calculated based on criteria such as the level of suffering the victim underwent, the kinds of treatment they received, and any long-term effects of their injuries. For example:

  • Permanent disability or impairment.
  • Invasive or traumatic treatment.
  • Psychological damage.
  • Stress and trauma.
  • General pain and suffering.

Special damages are paid to compensate for monetary or other non-physical losses. If the claimant intends to claim for costs already incurred, they must submit documentary evidence of these losses. Special damages might include:

  • The costs of private medical treatment.
  • Lost income from missing work.
  • Impacted ability to earn a living in the future.
  • Detrimentally impacted quality of life.
  • Out of pocket expenses.
  • Costs associated with care at home.

If you would like to know what kinds of damages might apply in your own situation, please call our claims team and speak to a claim advisor. They will evaluate your claim for you and let you know.

No Win No Fee Claims For Motorcycle Accidents

When you use the services of a No Win No Fee solicitor, you will have secured the legal help you need to pursue a claim whilst mitigating some of the financial risks traditionally faced when making a claim.

You won’t pay a new claims fee, or any fees while the claim is processed by the lawyer. If the claim fails, the solicitor won’t expect to be paid any fees they have accrued. If the claim is won though, the solicitor may ask to be paid a modest success fee, that has a legal cap. This can be deducted from any compensation payment the solicitor has received for you.

For more information about how No Win No Fee claims work, please reach out to our claims team on the number below, and one of our expert advisors will go over things with you. They can also tell you whether you have a potentially valid claim or not at this stage.

Start Your Claim

Do you believe that you have just cause to make an LV= Insurance compensation claim? Or perhaps you need some pre-claim help and advice? Even if you only want some general information about the claims process, we are happy to provide it. Indeed, no matter what kind of assistance you need, we are here to help you. Just speak to our claims team on 0800 073 8804. One of our advisors will talk you through our claims process, and provide all the help you need to get your claim underway. Our panel of personal injury solicitors has over 30-years of experience helping claimants, and contacting our claims team is the first step in gaining access to all of this expertise to help you make your claim.

Essential References

You might like to check out these external links, they could be useful:

Facts About Motorcycle Casualties

British Motorcycle Foundation Information About Safety

UK Road Accident Statistics

We have published several other guides you might find of use:

No Win, No Fee Traffic Accident Claims

Claiming For An Injury As A Pillion Passenger On A Motorcycle

How To Claim If Injured By A Drunk Driver

Written by Wheeler

Edited by Billing

Europa Group Motorcycle Insurance Compensation Claims Guide

If you’ve been injured in a motorcycle accident and the at-fault party was insured with Europa Group insurance, you may be considering making a Europa Group motorcycle insurance claim. If so, this guide could offer valuable information on making such claims. Included in the sections below is information on what could constitute a motorcycle injury claim, how you could go about making a claim, and how much compensation you could look to receive for your injuries. If you would like expert advice and support with your claim, please do not hesitate to call the Legal Expert team on 0800 073 8804.

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A Guide To Europa Group Motorcycle Insurance Claims

Europa Group motorcycle insurance accident claims guide

Many motorcycle insurance comparison sites include policies that are underwritten by Europa Group motorcycle insurance. This means when you make a claim against either your own or someone else’s motorbike insurer, they could be financially responsible for making the payout.

Whatever type of motorbike accident you’ve been in, if it wasn’t your fault, you could be eligible to make a Europa Group motorcycle insurance claim if the at-fault party’s insurance was underwritten by the Europa Group. This guide offers information about making such claims and offers insights into the compensation you could receive for injuries sustained in a motorcycle accident. We also look at what insurers and underwriters consider when assessing these types of claims and why it could be beneficial for claimants to consider taking legal advice before accepting an offer of compensation.

What Are Motorcycle Accident Insurance Claims?

If you’ve been injured in a motorcycle accident, you could make a claim against the at-fault party’s insurance company. According to ROSPA, 19,297 motorcyclists suffered injuries in road traffic accidents in 2016, with 319 of these sadly passing away because of their injuries. While fatalities only make up 3% of the casualties in these statistics, they provide a clear picture of how serious these accidents could be.

Whether you have suffered minor injuries or severe, life-changing injuries due to the fault of someone else on the road, you could be in a position to claim compensation for the pain and suffering you’ve experienced, as well as the financial expenses incurred due to your injuries. Most claims would be made against the at-fault party’s insurance company, but you could also have the option to claim compensation through the Motor Insurer’s Bureau if the person at fault for the accident was not insured or was untraceable.

When Victims Of Accidents Could Make An Insurance Claim

There are a variety of scenarios as to how victims of accidents could make insurance claims. A claim could be made against your own policy if:

  • You damaged your vehicle and it was your fault
  • You had fully comprehensive insurance and an at-fault party that caused your injuries was not insured
  • Someone else was injured on your motorbike as a passenger and you caused the accident

You would claim against someone else’s Europa Group motorcycle insurance policy if:

  • The other party was at fault, and damage was caused to your vehicle
  • The other party was at fault and you suffered a motorbike injury
  • The other party was at fault and your passenger suffered an injury (the passenger would launch their own claim in these cases)

What Is A Motorcycle Insurance Underwriter?

A motorcycle insurance underwriter is, essentially, a company that accepts financial responsibility to cover the potential losses incurred by its clients. Underwriters are the companies that assess applications for insurance to determine whether or not to accept them. They determine the terms, costs and conditions of insurance policies.

How Insurance Companies And Underwriters Assess Motorcycle Insurance Claims

Before agreeing to motorcycle personal injury settlements, an underwriter or insurer may consider the following:

  • The site of the accident – If an insurance policy covered accidents solely on public roads, and your accident happened on a pathway or driveway, they could refuse your claim.
  • The accident report – The police report could be studied to see if any fault could be attributed to you for the motorbike accident.
  • The date you launch your claim – In most cases, there is a limit to how long you would have to make a claim. In many cases, this would be three years from the accident date. However, some exceptions may occur.
  • The medical evidence – if you have suffered a motorcycle ankle injury, for example, the insurer might ask for evidence that the injury is as bad as you have reported it to be.

Should your Europa Group motorcycle insurance claim be refused or disputed, a personal injury lawyer may be able to fight against this decision, if it was made unfairly.

Considerations To Make Before Accepting An Insurance Companies Offer

Have you received an offer from an insurance company and are considering taking the offer as it means your motorcycle injury claim would be completed quickly? If so, it may be wise to think carefully before you take the first offer you receive.

Some insurance companies try to save money and time by making what are known as pre-medical offers. These are offers of compensation that mean your medical evidence would not be taken into account. While taking a pre-med offer may mean your motorcycle accident claim is settled quickly, you may not be getting as much compensation as you deserve for your injuries.

Some injuries, such as whiplash, for example, may, at first, seem minor, but if they go on for some time, they could require treatment and turn into long term conditions, such as chronic pain. Others, such as a motorcycle groin injury, for example, may result in impotence in extreme cases. Taking a pre-med offer could preclude you from making further claims if this turns out to be the case, so it would be wise to wait until your medical condition could be properly assessed to ascertain how much compensation could be appropriate for your claim.  However, it would be best not to wait for too long, as your case could be time-barred if you do not claim within the relevant time limit. This is why contacting a personal injury solicitor to help you with a claim could be beneficial.

When Solicitors Could Help You To Make A Motorcycle Insurance Claim

While it could be possible for you to make a compensation claim without the assistance of a lawyer, we would highly recommend you consider using a specialist solicitor if you are intending to make a Europa Group motorcycle insurance claim.

A solicitor takes on the leg work of building a strong case. They do so by collecting evidence and arranging for you to see an independent medical expert to corroborate your injuries and provide medical evidence that could help achieve the maximum compensation possible for your case. Not only this, but they could also assess any settlement offer you receive and check it could be appropriate for your injuries. If they feel an offer is too low and they could fight for more compensation, this could avoid you accepting a low offer when you could have achieved more for your claim.

Do I Have To Go To Court?

If you’re considering using a solicitor for your motorcycle accident claim but fear that this may mean you would have to go to court, this might not be the case. While a solicitor could issue protective proceedings if you are getting close to the personal injury claims time limit for your case, this would not necessarily result in you needing to attend court. Most personal injury claims are settled out of court, but even if you did have to go to court, your solicitor would be able to support you in doing so.

Information Solicitors Need To Help You Make A Claim

Various pieces of information could help to strengthen your claim. Providing such information could mean your solicitor has all that they need to fight for the maximum compensation achievable for your Europa Group motorcycle insurance claim. Useful information could include:

  • Your own statement of the facts surrounding the case
  • Your own statement regarding your injuries and how they affected you
  • Your medical notes (If you have requested them. If not, your solicitor could request these on your behalf)
  • Any witness details (to corroborate your statement)
  • A sketch of the scene of the accident, with positions of vehicles
  • Photographs of the scene
  • Proof of any financial expenses relating to your injuries

Check If You Could Claim Compensation?

If you’re looking to make a Europa Group motorcycle insurance claim, but are not sure whether you could be eligible, you could contact our team for advice and support. We could provide an eligibility check for free to clarify your position and could help you begin a claim for compensation by providing you with an experienced solicitor.

There are a variety of road users that could claim compensation for a motorcycle accident. These may include:

  • Pedestrians
  • Passengers on motorbikes
  • Riders of a motorbike
  • Drivers of other vehicles
  • Passengers of other vehicles
  • Other road users

I Was Partially To Blame For a Motorcycle Accident – Could I Still Claim?

If you were completely at fault for a motorcycle accident that caused you to suffer injuries, you would not be able to claim compensation for your injuries, as it would be your own fault that you’d sustained injuries. However, if you were partly to blame, but another road user was also at fault, you could still be in a position to claim compensation. This type of claim would be called a split liability claim. Your compensation would likely be reduced to reflect your involvement, but you could still be in a position to claim compensation for a motorcycle injury sustained in this type of accident.

The Other Driver Was Not Insured Or Could Not Be Traced – Could I Still Claim

If the other driver was not insured or did not stop at the scene of the accident, you may be able to claim through the Motor Insurer’s Bureau. This is an organisation that helps compensate victims who have suffered an injury due to an accident caused by an uninsured or untraceable driver. We could provide you with a solicitor to help with these kinds of claims.

Compensation Calculator For Motorcycle Accident Claims

If you wanted to get some idea of how much compensation might be appropriate for your Europa Group motorcycle insurance claim, you might have searched for a personal injury claims calculator to give you this information. We should mention, however, that the figures generated from this type of calculator would only be able to offer you a very rough guide of how much you could receive. Every personal injury claim would be assessed on its unique circumstances and facts. It would take into account the medical evidence provided when you attend an independent medical assessment, which you would be required to do as part of your claim. At this assessment, your medical notes would be analysed, and you would be examined, and the report would give details of your motorbike injury and your prognosis. This report would go some way towards valuing your claim.

We do understand that many claimants may want to get an idea of how much compensation their claim could bring them. To help with this, we have created a table below to illustrate the Judicial College’s Guidelines (JCG) for injuries that we believe could relate to a motorcycle accident claim. The JCG is a legal publication that could be used by the court and by your lawyer to arrive at an appropriate value for your claim. If your motorcycle injury cannot be found in the table, please get in touch with our team, as we could provide further information over the phone.

Edit
Type of Injury JC Guideline Payout Amount Remarks
Severe ankle Injury £29,380 to £46,980 Injured parties may have had to have a lengthy course of treatment and could have required a long period where the leg was in plaster or required pins/plates to fix. Despite this lengthy treatment, there would still be a severe limitation on their ability to walk. There may also be a high risk of osteoarthritis.
Modest ankle injury Up to £12,900 Less serious ligamentous tears and fractures.
Severe Hip Injury £36,770 to £49,270 Many of the severe hip injuries that could be sustained could fall into this bracket. Some could include fracture of the acetabulum, which could lead to degenerative changes, as well as a requirement for future hip replacement.
Lesser hip injury or pelvic injury Up to £3,710 Soft tissue injuries with a full recovery.
Moderate brain damage £85,150 to £140,870 Cases where the injured party suffers a modest to moderate deficit to their intellect, and where their ability to work is removed or greatly reduced. There could be some risk of developing epilepsy.
Moderate brain damage £40,410 to £85,150 The injured party’s memory and concentration would be affected and their ability to work reduced. There could be a small risk of developing epilepsy, but only limited dependence on others.
Moderate neck injury £12,900 to £23,460 Pain, stiffness and discomfort could feature here, and injuries would usually involve soft tissue damage or a wrenching injury that could lead to cervical spondylosis, for example.

Could I Claim Damages For Lost Income Or Expenses?

While you might already be aware that you could claim compensation for the suffering and pain caused by your motorcycle injury, you may not be aware that you could also claim compensation to cover the financial expenses caused by your injuries. The expenses you could claim for could include:

  • Care costs – if someone had to help you with toileting, dressing or meal preparation, for example, because your motorcycle injury to the hip or another part of the body meant you couldn’t do these things yourself, care costs could be recovered in a Europa Group motorcycle insurance claim.
  • Medical costs – if your injuries meant you needed to pay for prescriptions, physiotherapy or other treatments, you could recover these costs as special damages within your claim.
  • Travel costs – if you paid to travel to see your lawyer, or to attend medical appointments, these costs could also be included as special damages.
  • Loss of wages – did your injuries mean you had to take time off work to recover? If so, your lost wages could be recovered within your motorbike accident claim. If your injuries were so severe that you weren’t able to return to work in the future, future losses could also be included within your claim.

If you have incurred a cost not mentioned here, our advisors could clarify whether it could be included within your claim. We should, however, mention that you would need to have proof of expenses in order to include them within your claim. Payslips, bank statements and receipts could be vital in ensuring you are able to claim for the expenses you’ve incurred.

No Win No Fee Motorbike Injury Claims

We highly recommend using the services of a personal injury solicitor when looking to claim compensation. Not only could a lawyer take the stress out of building a case for compensation, but they could also assist with analysing any compensation offer you receive to see whether it could be appropriate for you to take the offer or fight for more compensation.

Using the services of a personal injury lawyer does not have to mean that you would have to pay them upfront either. If you make a claim under a No Win No Fee agreement, or Conditional Fee Agreement, you would not need to pay your lawyer until your claim was settled. The agreement would promise your lawyer a success fee if they successfully negotiated a compensation settlement for you. This success fee is legally capped and would be discussed with you before you signed the agreement. If your solicitor was not able to secure a settlement for you, you wouldn’t have to pay the success fee or their costs in pursuing your claim.

If you have any questions about making a Europa Group motorcycle insurance claim under such terms, please do call our team. Not only could we answer any questions you might have about No Win No Fee claims, but we could also connect you with a lawyer who could work on your case on this basis.

Talk To Us About Your Claim

If you’re ready to talk about starting a Europa Group motorcycle insurance claim and would like our help to find an appropriate lawyer, or you have further questions about your eligibility to claim or about the claims process, you can contact us in any of the ways below.

We are available now to help you. Why not get in touch with our expert advisors today?

Essential References

You can also learn more about motorcycle accident claims below:

 

Written by Jeffries

Edited by Billing

Motorcycle Accident With No Insurance – Can I Claim Compensation?

By Lewis Cobain. Last Updated 8th February 2023. Many people believe that if you are involved in an accident with an uninsured motorcyclist, you will not be able to claim for any physical or psychological injuries, but this isn’t the case. Whether you are a driver who holds insurance and was in an accident involving a motorcyclist without insurance, or whether you are the one without insurance, you may still be able to claim, as explained in this guide.

Motorcycle accident without insurance

Motorcycle accident without insurance

If you are unsure of your rights in relation to claiming compensation following a motorcycle accident without insurance, speaking with a legal professional for advice on the matter would be useful in these circumstances.

Legal Expert is a team of personal injury claims specialists who will be able to determine where you legally stand if you have been injured in a motorcycle accident with no insurance. We can help and advise you on the correct course of action in order to make a successful claim where possible. You can contact us on 0800 073 8804 for expert guidance.

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A Guide To Motorcycle Accident With No Insurance Competition Claims

In the majority of cases, when you are involved in a motorcycle accident, you are able to claim for damages off the insurance of the driver who was to blame. However, if the person to blame for the accident doesn’t hold any insurance, things can be more complicated. Similarly, if you are involved in an accident that wasn’t your fault, but it is you that hasn’t got any insurance, again, things are more complicated. This guide serves to provide information regarding how to make a claim for a motorcycle accident without insurance.

In the guide, we discuss whether or not you could be eligible to make a claim and the different circumstances in which a claim could be made. We also look at who the Motor Insurers Bureau is and how they can help victims in accidents involving drivers or motorcyclists without any insurance. We discuss what the law is regarding motorcycle insurance and what the consequences may be if found guilty of riding without any. We also look at the types of injuries you could sustain in a motorcycle accident and the amount of compensation you could be awarded should you file a successful claim. Lastly, we explain how a No Win No Fee claim works and the benefits of having an experienced personal injury solicitor to make your claim for you.

What Is A Motorcycle Accident With No Insurance?

A motorcycle accident with no insurance means a road traffic accident involving a person without car insurance where one party of the accident was on a motorcycle. It could also mean a road traffic accident involving a motorcycle where it’s the rider that doesn’t have any insurance.

Road traffic accidents are often the result of some form of negligence and can happen at any time whilst driving or riding on the roads. An accident may occur at a junction, on a roundabout, motorway or country lane, for example. Injuries sustained in an accident involving a motorcycle can range from minor, short-term injuries such as bruising, cuts and scrapes or mild whiplash, to injuries that are far more severe, or even fatal, such as damage to the spine or neck, or a traumatic head injury resulting in a brain injury, for example. Usually, when an accident occurs, the victim will claim off of the guilty party’s insurance, but if they have no insurance then obviously this isn’t possible.

If you are involved in an accident with a motorcyclist or driver that does not have insurance, providing it was not your fault, you should be able to make a claim through the Motor Insurers Bureau (MIB). We discuss this in more detail further on in the guide.

However, if you are injured in an accident that was not your fault, but you do not hold vehicle insurance yourself, it’s not so straightforward. Although you have a legal right to claim for compensation for any injuries, you may be at risk of prosecution for breaking the law. We touch on this further on in the guide.

Could I Claim For A Motorcycle Accident With No Insurance?

So, what happens to uninsured drivers in an accident in the UK? If you are involved in an accident that was not your fault, but hold no vehicle insurance, even if the driver at fault has got insurance, the law isn’t necessarily going to be on your side. 

Theoretically, the uninsured driver will have the same rights as anyone else without insurance who has been hit by a vehicle, such as a pedestrian for example. Usually, the victim would contact the insurers of the party at fault for compensation for any injuries they may have sustained. However, if liability isn’t obvious, the insurers of the driver at fault may contest any claim. In these cases, the police would need to be involved so that they can investigate the circumstances of the accident to determine exactly who was to blame and file a report. Without a police report, no witnesses or admission of error, it’s unlikely that the insured driver’s insurers would pay out any compensation award.

If the insured driver refuses to accept liability, the uninsured driver could take them to a small claims court, but they would have to do so at their own expense. But, as explained above, pursuing a claim against the insured driver would most likely result in the police being involved. Although the police could do their investigating to prove liability, they would also be obligated to charge the uninsured driver for illegally driving on the road. This may then result in a fine, points on their licence or even a ban on driving.

Could I Claim If I Was Not At Fault?

An uninsured driver injured in an accident that wasn’t their fault realistically can only expect a payout if the other driver admits responsibility, or there is sufficient evidence to prove they were not to blame. Once liability has either been admitted or proven and they have got the other driver’s insurance details, they can make a claim as normal as this is their legal right.

I Had Insurance But The Other Party Had No Motorcycle Insurance, Could I Claim?

If you were involved in a motorcycle accident with no insurance, you may be asking yourself “can I still claim compensation?” If you have insurance but are hit by a motorcyclist without insurance through no fault of your own, you can still make a motorcycle accident claim. However, making a claim against the uninsured rider may be difficult if they have no means to pay you any compensation, such as funds or assets. In this case, you would need to contact the Motors Insurer’s Bureau (MIB), a non-profit organisation that was put together to protect the victims in these types of cases. The MIB can compensate insured drivers for personal injury and property damage when they are involved in an accident, through no fault of their own, with an uninsured driver or rider. The MIB can also assist the victim in assessing the level of personal injury, including taking into account any future treatments or on-going injuries and rehabilitation. Motorcycle accident compensation will only be awarded, however, when it is proven that the uninsured rider was at fault.

An experienced personal injury lawyer can help you with your claim by liaising with the MIB on your behalf. If you’d like to find out more, please contact us at Legal Expert and we will be happy to help.

Could I Claim If The Rider Had No Insurance But The Bike Was Insured?

If you were involved in a motorcycle accident without insurance, where the rider wasn’t insured themselves, but the owner of the bike had insurance for the bike, you may be able to make a personal injury claim. The law in the UK states that if a motorcycle is driven by someone without insurance who causes an accident, the owner’s insurance is expected to meet any third-party compensation claims that may arise from the accident. What this means is that even if someone without insurance rides the motorcycle, causing an accident, providing the owner has a form of insurance where anyone they give permission to can ride it, then any innocent victims should be able to claim compensation from that insurer.

Claiming For A Motorcycle Accident Without Insurance Through The Motor’s Insurer’s Bureau

The Motor Insurer’s Bureau (MIB) is a non-profit organisation set up by vehicle insurers in the UK. The MIB has an agreement with the UK government to compensate innocent victims injured in road traffic accidents through no fault of their own. They can help when the driver to blame for an accident either has no insurance or is untraceable, such as in cases of a hit and run. They are also responsible for the operation of the Green Card System where UK citizens have a level of protection if involved in an accident with a foreign-registered vehicle, either in the UK or in the EU. They work in partnership with the DVLA, police and insurers.

Compensation from the MIB is paid through a percentage of all insurance premiums paid for by UK motorists. Thousands of people each year are either injured or killed by drivers or riders that do not hold insurance and therefore who are breaking the law. Holding at least the minimum level of insurance is a legal requirement when you own a vehicle. This is known as third-party insurance. It means that you are covered if you caused damage to someone else’s property, or caused a personal injury to someone whilst driving or riding your vehicle.

A motorcycle accident personal injury claim could be made through the MIB if an insured driver is hurt in an accident that was not their fault by an uninsured driver, providing liability is proven.

As an uninsured driver is breaking the law by driving or riding a motorcycle without insurance, they could face a fine of up to £300, plus up to 6 points on their licence. They could also face being banned from driving or riding depending on the circumstances.

Why Do You Have To Have Motorcycle Insurance?

Just the same as those driving a car, motorcyclists are also legally required to hold insurance if riding on the road. Insurance protects you from liability if you cause someone a personal injury or damage someone’s property with your motorcycle in a road traffic accident that was your fault. It also gives you financial protection if your motorcycle is vandalised, stolen, or destroyed by a fire.

Riding without insurance is illegal. If caught riding without insurance, as well as risking receiving a fine, points on your licence or a riding ban, your motorcycle is also at risk of being seized or destroyed by the police. If your motorcycle is going to be off the road, you must register it with the DVLA through a Statutory Off Road Notification (SORN), only then will you be exempt from insurance requirements.

As with cars, motorcycle insurance has three levels of cover. These are third-party, third-party, fire and theft, or fully comprehensive. Third-party is the minimum level of insurance legally required.

What May Be The Consequences Of Riding Without Motorcycle Insurance?

If you ride a motorcycle in the UK, you have a legal obligation to have the correct insurance in place. To ride without insurance would mean that you are breaking the law and will have consequences to face if caught doing so.

Motorcyclists who ride without insurance, if caught by the police, can be given an on-the-spot fine of up to £300 and may also be given 6 penalty points on their licence. In some circumstances, and if the case went to court, the motorcyclist could be faced with an unlimited fine, or lose their licence altogether. The police also have the power to both confiscate and destroy any vehicle on the road that doesn’t have insurance. Even if a vehicle is spotted parked on the roadside that doesn’t have insurance, the police can still issue a fine or penalty points to the owner.

In cases where the motorcycle is insured, but the person riding it isn’t, then the uninsured rider could still be penalised for riding without insurance.

Motorcycle Accident With No Insurance Compensation Calculator

Injuries from a motorcycle accident can vary in severity, with some resulting in the victim filing a personal injury claim for compensation.

What is the average payout for a motorcycle accident? The amount of compensation you could receive if a successful claim is made will depend on several different factors. Compensations claims are made up of two different groups: general damages and special damages which we will discuss in more detail further on in the guide. 

Each group of damages will vary from case to case, person to person and so it makes it very difficult to accurately predict how much you could be awarded as compensation for your injuries. However, in the table below, we have listed some of the compensation amounts that have been awarded by the courts in past cases as detailed in the latest Judicial College Guidelines.

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Reason For Compensation Award Amounts Comments
Moderate (i) Brain Damage £150,110 to £219,070 The level of award will depend on the severity of the injury and resultant effects on life for the claimant. The higher amount will be awarded to those with high dependency on others, severely reduced intellectual capability, personality change, effect on speech and increased epilepsy risk. The lower award for where dependency on others is considerable lower, concentration and memory affected, reduced work capability and small risk of epilepsy.
Less Severe Brain Damage £15,320 to £43,060

 Less severe than above, the claimant should have made a considerable recovery but may still suffer with memory and concentration problems.
Minor Brain or Head Injury £2,210 to £12,770 Level of award will depend on severity of initial injury, treatment required, length of treatment and whether there are any lasting effects such as headaches etc.
Severe (i) Back Injuries £91,090 to £160,980 Severe injury which may involve damage to the spinal nerves and roots, severely damaged disks and to soft tissue. Partial paraplegia possible or permanent mobility problems.
Moderate (i) Back Injuries £27,760 to £38,780 Less severe than above but on-going pain and mobility problems.
Minor (i) Back Injuries £7,890 to £12,510

 Less severe than above. Some recovery may have taken place. Less severe soft tissue and disk damage. Level of award dependant on recovery, pain and any on-going effects.
Less Severe Arm Injury £19,200 to £39,170 Some degree of disability experienced but a good degree of recovery should have taken place.

If you’d like to discuss your case in more detail, please contact us at Legal Expert and we will endeavour to help with your enquiries.

Special Damages Awarded To Motorcycle Accident Victims

As mentioned above in the guide, a compensation award is made up of several components that fall into two main categories, general damages and special damages. General damages reflect the physical aspect of the injury, whereas special damages represent the financial burden an injury may bring. General and special damages include:

  • General Damages:– The amount of compensation paid under general damages is for the physical and / or psychological injury the victim has suffered. The amount awarded will depend on a number of factors such as severity, type of required treatment, and length of treatment.
  • Special Damages:- designed to compensate you for out of pocket expenses linked to the injury. Some examples include:
    • Medical Costs – If the victim has incurred medical costs as a direct result of their injury, they should include these in their claim.
    • Travel Costs – Any costs for travel that the victim has had to pay due to their injury can be included in their claim.
    • Lost Income – If the victim has had to take time off of work then any lost income, or predicted future loss of income can be included.
    • Care Claim – The victim can also include any care costs if they have needed extra care due to their injury.

Motorcycle Accident – Claims For Uninsured Accidents With The Help Of No Win No Fee Lawyers

Now that we’ve discussed how to claim from an uninsured driver, you may be interested in learning about a No Win No Fee agreement. Under such an agreement, if your claim is unsuccessful, it isn’t your responsibility to pay them for their work.

Alternatively, if your claim does succeed, your No Win No Fee solicitor will deduct a success fee from your award. The fee is capped, therefore, you can never be overcharged by your solicitor.

Other benefits of working with motorcycle accident solicitors under this agreement include:

  • Typically, there are no upfront payments involved
  • You can usually expect for any ongoing fees to be covered

Our expert road traffic accident solicitors could work with you under a No Win No Fee arrangement. You can find out how to contact us for more information in the next section.

Why Choose A Specialist Solicitor From Legal Expert?

Making a personal injury claim can be a stressful and complicated process and so you may well be considering finding a solicitor to help you with your claim. At Legal Expert, our team of expert personal injury solicitors have years of experience in helping people like you successfully claim the compensation they deserve.

We offer to take all claims on under a No Win No Fee agreement as we know how expensive legal costs can be, especially when it can take several months to reach any kind of conclusion. If you decide to use us to make your claim on your behalf, you can rest assured that your claim will be given the full attention it deserves in order to secure the highest possible payment award we can for you. We work quickly and efficiently, making sure to build a strong case.

We are a very approachable and friendly team that will happily discuss your claim with you as often as you need and will keep you informed of its progress every step of the way. We will do all of the hard work for you so that you can concentrate on your recovery.

Contacting Legal Expert

If you would like to discuss the circumstances of your claim with us or would like us to make your claim on your behalf, you can contact us on 0800 073 8804.

You will be offered a free consultation session with an experienced member of our team to talk through your claim and discuss any worries or concerns you may have regarding the claiming process. We are here to help so don’t hesitate in contacting us today.

Where To Find Out More

You can also learn more about motorcycle accident claims below:

 

Written by Hector

Edited by Billing

MotorCycle Direct Insurance Compensation Claims Guide

If you’re involved in a road traffic accident involving a motorcycle, you might be able to claim compensation if the rider caused the accident through negligence and was therefore responsible for your injuries. In this guide, we’re going to look at claiming against a rider who has purchased their policy through MotorCycle Direct Insurance. We’ll review how the claims process works, how much compensation you might be entitled to and the situations in which a specialist solicitor might help you receive a higher compensation payment.

MotorCycle Direct insurance accident claims guideLegal Expert can help with motorcycle insurance claims by providing free legal advice and a no-obligation assessment of your claim. If your case is strong enough, we could put you in touch with one of our solicitors who’ll work on a No Win No Fee basis if they agree to take your claim on.

To begin your claim today, you can call us on 0800 073 8804. If you’d rather find out more about making an insurance claim for a motorcycle accident, please continue reading.

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A Guide To MotorCycle Direct Insurance Claims

MotorCycle Direct was formed in 1997 and provides insurance for motorbike and scooter owners. Although they are the customer’s point of call for all sales and insurance queries, any policies they sell are underwritten by different insurers on their panel. During this guide, we’ll explain how you could go about claiming against someone who purchased a policy through MotorCycle Direct following a road traffic accident.

Our key piece of advice is that you should seek legal advice as early as possible. That’s because there’s a personal injury claims time limit of 3-years to make your claim. This will usually begin from the date of your accident. Also, starting your claim as early as possible will allow your solicitor enough time to gather any evidence required and complete all of the tasks associated with making a claim.

According to government motorcycle accident statistics, in 2018, the highest rate of casualties was for motorcyclists. They suffered an average 5,674 casualties per billion miles travelled compared to car drivers and passengers who suffered 223 casualties over the same distance. This shows why motorcyclists are deemed vulnerable road users. At the same time, a motorcyclist can be the cause of an accident which means you might need to claim compensation from them.

As we progress, we’ll look at what you could include in your claim. We’ll also look at what you can do if the insurer disputes your claim. After you’ve finished reading this guide, if you have any further motorbike insurance-related queries, please speak with a member of our team. Any advice they provide is free and they could help you find out whether you’re eligible to claim compensation for your injuries.

What Is A MotorCycle Direct Motorcycle Insurance Claim?

As with car insurance policies, a motorcyclist can purchase:

  • Third-party only insurance.
  • Third-party, fire and theft insurance.
  • Or fully comprehensive insurance.

They can also add additional items such as helmet and leathers cover and even road rage cover. Whatever type of policy they have, if their negligence led to an accident in which you were injured, their insurance policy will provide cover if you decide to claim compensation.

To make any form of personal injury claim against somebody else, you’ll need to prove:

  • That you were owed a duty of care by the defendant. All road users owe each other a duty of care, so this part is quite straightforward.
  • The defendant breached their duty of care and caused an accident to happen.
  • You suffered injuries (physical or psychological) as a result of the accident.

If all of the above is true in your case, you could be entitled to claim compensation.

When You Can Make A Claim On Your Motorcycle Insurance

You might think it’d be easier to claim against your own insurance policy if you’re involved in an accident. You might want to claim for damage to your vehicle or any personal injuries such as whiplash. However, we’d only really recommend you do so if you were liable for the accident. That’s because claiming against your own policy can have a dramatic effect on the cost of your insurance premium.

For instance:

  • You might lose some or all of your no claims bonus.
  • There might be a policy excess that you have to pay.
  • You might need to cover your insurer’s legal fees.
  • The price of your policy might increase for many years following a claim.

Therefore, if you believe that your accident was caused by the other road user involved, we’d advise the claim is made against their policy and not yours. While this may take a little longer, you could be compensated fully and there will be no effect on your policy price in the future. Please discuss what happened with a member of our team to review whether your claim is valid or not.

Does MotorCycle Direct Act As A Broker?

MotorCycle Direct Insurance policies are actually underwritten by other insurers. They act as a broker to try and find the best price for any policy you’re considering. As a broker, they’ll use their experience of the industry to try and match your policy requirements with the best-priced policy provider. Of course, price isn’t everything and part of their job is to make sure the policy they supply provides the level of cover that you need. Unlike price comparison sites which refer you to the insurer, brokers like MotorCycle Direct are still your point of contact if you need to amend your policy or make a claim.

What Should I Do If My Insurance Company Disputes A Claim?

When you make a claim against an insurance policy, they may accept that their policyholder was liable for the accident, you suffered in the way you claim and that you’ve lost out financially too. They could then agree to meet your claim in full.

However, more often than not, they could dispute any part of your claim and refuse to pay out. That’s why we believe it’s best to have a specialist personal injury solicitor on your side. They will use their experience to obtain evidence to support your claim and counter any arguments regarding liability or the level of suffering.

Dealing with an insurer yourself is possible but it can be quite an intimidating process for somebody who’s not used to the way they work or the legal jargon they might use.

If you let our solicitors deal with your claim on your behalf, you won’t need to speak with the insurer or defendant directly. We’ll handle everything and only contact you if a matter needs clarifying or to update you on the progress of your case.

Dealing With Insurance Brokers And Policy Providers

Any insurance company will always have their own interests at heart when settling a claim. That means any offer they make could be below what you’re entitled to. Sometimes, you might be offered compensation if you settle quickly. In other cases, they might make an offer without any medical evidence supplied.

While settling quickly might seem like a good idea because you’ll receive your payment quickly, it could also mean you’re left out of pocket later on. Our advice is to let a specialist solicitor represent you in your claim. As part of the claims process, our solicitors will arrange for you to be seen by a medical specialist. They will assess your injuries to determine how you suffered initially and, more importantly, whether your suffering will continue in the future. This is something you’ll need to factor in when you claim compensation. Otherwise, you may have to pay for medication and treatment or lose out on income which wasn’t covered by an early insurance payment.

Could Solicitors Help Secure A Better Settlement?

We’ve made it clear throughout this guide that having a solicitor on your side could help ensure you receive the correct level of compensation. Due to their knowledge of the personal injury claims process, our solicitors don’t jump the gun and accept the first offer they receive. They will discuss any offer with you and explain whether you should accept it or not. In many cases, the first offer you’ll receive won’t be the right one to accept.

You shouldn’t worry about rejecting a claim as, in our experience, very few claims end up in court. Most insurers, as mentioned earlier, will be thinking of their own interests rather than yours when offering a settlement. Therefore, it’s often the case that a solicitor can provide further arguments and evidence to support the level of compensation that’s been requested. This can lead to some negotiation between all the parties involved in the claim before an amicable solution is agreed.

If you have any questions about how we could help you with your claim, please contact our team today. You can ask as many questions as you like and there’s no obligation to go on and make a claim.

Information Helpful To Your Solicitor

All personal injury claims require evidence to prove what happened, how you suffered and who was to blame. Therefore, if you do suffer a motorcycle injury and would like to claim, you could use the following as evidence:

  • Medical records. If you visit a GP or hospital for treatment after the accident, these could be used to prove what injuries you sustained. Also, they’d show the treatment you underwent for your injuries.
  • Photographs of the accident scene. Where possible, and if it’s safe to do so, try to take photographs of the accident scene before vehicles are moved. These can help indicate who was in what position at the time of the accident.
  • Witness statements. After your accident, it’s a good idea to collect the details of any witnesses. Your solicitor may contact them for a witness statement to support your claim.
  • Helmet or dashcam footage. If there is any camera footage of the accident, it can be used to help prove liability. Try to obtain copies as soon as possible.
  • Photographs of injuries. If you have any visible injuries, photograph them where possible.

Could I Make A Claim For Compensation?

Whichever insurer’s policy MotorCycle Direct Insurance sold to the defendant, there are several things you’ll need to prove to be eligible to claim compensation. These are:

  • That the defendant owed you a duty of care. All road users owe each other a duty of care, so this will usually be the case.
  • The defendant breached their duty of care, causing an accident to occur.
  • As a result of the accident, you suffered some form of injury.

If you can prove the above, you could be entitled to begin a claim. However, there are some cases where you might be partially to blame for the accident. In these cases, you could still make a claim against the other road user. Your solicitor will work with the defendant’s insurer to agree your percentage of the blame for the accident. If, for instance, they agreed you were 25% to blame, the claim would proceed as normal and the payment reduced by 25%. This is known as a split liability claim.

Motorcycle Accident Injury Claims Calculator

When you decide you want to make a personal injury claim, you’ll probably wish to know how much compensation you could receive. It’s important to state that every claim is different so it’s difficult to provide an estimate until your claim has been assessed by a solicitor. Instead of a personal injury claims calculator, we’ve provided the table below which provides example compensation amounts for relevant injuries. The figures are taken from the Judicial College Guidelines (JCG) which is used by solicitors and insurers to help determine compensation amounts.

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Type Of Injury Severity Range Information
Back Severe £36,390 to £65,440 Injuries like disc lesions, fractured vertabrae or other back injuries which lead to chronic conditions and disabilities which result in ongoing pain and discomfort, impaired agility and could lead to depression.
Shoulder Serious £11,980 to £18,020 A dislocated shoulder with damage to the lower part of the brachial plexus causing pain in the shoulder and neck.
Arm Fracture £6,190 to £18,020 Simple fractures of the forearm are covered by this compensation bracket.
Elbow Moderate Up to £11,820 Includes injuries such as lacerations or fractures of the elbow.
Wrist Fracture In the region of £6,970 This category covers injuries like an uncomplicated Colles’ fracture of the wrist.
Leg Moderate £26,050 to £36,790 Includes severe crushing injuries and complicated or multiple fractures of a single leg.
Knee Moderate £13,920 to £24,580 This bracket covers dislocation of the knee, torn cartilage or the meniscus causing minor instability or weakness.
Ankle Modest Up to £12,900 The less serious, minor or undisplaced fractures, sprains, and ligamentous injuries.

Injuries are defined in the JCG by their severity. Therefore, your solicitor has an important role to play to try and ensure enough evidence is supplied to prove the extent of your injuries. As part of the claims process, our solicitors will arrange for you to visit a local medical specialist. They’ll perform a medical assessment and prepare a report. This will explain what injuries were sustained in the accident, what impact they had and if there is likely to be any ongoing suffering.

Damages Awarded For Costs And Financial Losses

In the last section, the compensation table showed figures for a head of claim known as general damages. This is the compensation awarded to cover pain, suffering and loss of amenity caused by your injuries.

As well as general damages, your solicitor can also claim for several special damages. These are designed to cover any financial costs incurred as a result of your injuries. The idea is to try and ensure you’re no worse off financially than you were before the accident.

Here are some examples of special damages you could claim:

  • Medical expenses. While you’ll probably receive free NHS treatment for your injuries, you might have to pay for medication. Therefore, the cost of prescriptions and other treatments could be claimed back.
  • Travelling costs. During your recovery, you may need to visit your GP, a hospital or a pharmacy on multiple occasions. If that’s the case, you could ask for the cost of fuel, parking and other travel-related costs.
  • Care costs. If you need support during your recovery, you could ask for care-related costs to be paid. That could include a professional carer’s fees. Alternatively, you could work out an hourly rate for a friend or family member who cared for you and claim for their time.
  • Lost income. If you need time away from work to recover, you could lose some or all of your income. If that happens, you could ask for these losses back. For longer-term injuries that impact on your ability to work, you could ask for future-lost income as part of your claim too.
  • Damaged property. If an item of your personal property is damaged during your motorbike accident, you could ask for the cost of repairing it. This could include your helmet, clothing and also a mobile phone.

No Win No Fee Compensation Claims For Motorcycle Accidents

It’s fairly common to worry about the costs involved with claiming for a motorcycle accident. To reduce that worry and to give you the confidence to pursue the compensation you could be entitled to, our solicitors work on a No Win No Fee basis.

When one of our solicitors has reviewed your claim and agreed to take it on, they’ll prepare a No Win No Fee agreement for you to sign. This is also known as a Conditional Fee Agreement (CFA).

The CFA is important as it explains that you don’t need to pay any upfront fees, there are no fees to pay during the claims process, and you don’t have to pay the solicitor’s fees if the claim is lost.

Also, the CFA will explain that if the solicitor wins the case for you, they may ask for a small contribution towards their costs, known as a success fee. This is a percentage of your compensation that’s deducted at the end of your claim.

Don’t worry too much about the success fee as the CFA will explain the exact percentage you’ll pay and legally they are capped. To find out if you’re able to claim using our No Win No Fee service, please speak with an advisor today.

Contact Our Road Traffic Accident Claims Team

You’ve now come to the end of this guide about claiming compensation from somebody who purchased their policy through MotorCycle Direct Insurance. If you’ve decided you’d like to begin a claim with Legal Expert, then there are several ways to get in touch. These include:

  • Calling our specialist advisors for free legal advice on 0800 073 8804.
  • Using our live chat feature to connect with an online advisor.
  • Sending details of your claim by email to info@legalexpert.co.uk.
  • Or, we can arrange a call back at a suitable time if you complete our claims form.

The claims process begins when you get in touch with a member of our team. They’ll review your case with you, look at who was to blame and any evidence you can supply. They could then refer you to a personal injury solicitor who specialises in road traffic accident claims. If your claim is taken on it’ll be on a No Win No Fee basis.

Essential References

Thanks for reading this guide regarding claims against riders who purchased their policy through MotorCycle Direct Insurance. In this final section of the guide, we’ve provided some more relevant information from some external sources. There’s also some more of our own guides listed. If you would like any further information, please don’t hesitate to ask an advisor.

Motorcycle Highway Code – The section of the highway code dedicated to motorcyclists.

The Motor Insurers Bureau – This organisation can help you to claim compensation if you’re injured in an accident involving an uninsured or uninsured motorist.

Motorcycle Accident Statistics – Some information from BRAKE, a road safety charity, comparing motorbike and car accident statistics.

You can also learn more about motorcycle accident claims below:

 

Written by Hambridge

Edited by Billing

Carole Nash Motorcycle Insurance Compensation Claims Guide

Although this online guide is about making claims against insurers provided by the broker Carole Nash Motorcycle Insurance, the facts on this page could also apply to other road traffic accident claims against different insurers. Much of the information you will find in this guide applies to any personal injury claim for a motorcycle accident.

Carole Nash motorcycle insurance accident claims guideWe have tried to cover as many different circumstances as possible, but each claim has its unique aspects. This means that there could be specific questions that relate to your own claim that this guide does not address. If this turns out to be the case, we can still be of help. Simply reach out to our claims team on 0800 073 8804. One of our advisors will talk over your claim with you, provide the answers you need, and help to get your claim underway.

Select A Section:

A Guide To Carole Nash Motorcycle Insurance Claims

Within this guide, we are going to look at the legal process of making a compensation claim against someone who obtained a policy through Carole Nash motorcycle insurance in the UK. We look at this process from two sides. First, as a biker insured through Carole Nash, who needs to make a claim against their insurance for a motorcycle injury, or some other reason. And secondly, as a third party injured in a road traffic accident caused by a motorist who was insured through Carole Nash, and wishes to use a personal injury solicitor to pursue a claim against the firm.

We start this guide off with an introduction to making claims against someone who acquired a policy through Carole Nash. This includes a discussion of which criteria require satisfying for you to be eligible to make a compensation claim. We will look at the circumstances in to which a claim might be possible as well. We look at how Carole Nash handles claims in respect to the underwriting of the policy, and also what happens if Carole Nash disputes your claim.

We move on to look at the legal considerations of making a claim. We offer some advice on dealing with an insurance firm, and an explanation of the reasons why in many cases, a solicitor can help you to get a higher amount of compensation. You will also find details of the kind of information your solicitor will need to be able to process your claim for you.

The last part of this guide relates to the financial aspects of making a compensation claim. We will discuss how split liability claims work, and other considerations when claiming damages. We have provided a personal injury compensation calculator table that can help you to get a rough idea of the value of your claim, and also provide a list of the types of financial losses that you can recover. Finally, we explain the process of making a No Win No Fee claim, what this kind of fee agreement is, and also how it might be the best choice for you.

If you have questions about aspects of your claim, about the contents of this guide in general, or simply about the process of making a claim, please contact our claims team. One of our expert advisors will be ready and waiting to provide you with all the information you need and to help you to get your claim started.

What Is A Claim Against Carole Nash Motorcycle Insurance?

There are several insurance providers that specialise in providing motorcycle insurance. Such insurers could also provide classic bike insurance, multi-bike insurance or low mileage insurance. This means that if a biker is involved in a motorcycle accident, or needs to make a motorbike insurance claim for any reason, they would be dealing with a company that understands the specific needs of a motorcyclist. The flip side of this is that if a road user is injured in an accident caused by a motorcyclist, they will be claiming against an insurer that understands road traffic accidents involving motorcycles very well.

However, for a claim to be possible against somebody who took out a policy through Carole Nash, a claimant would need to have valid grounds to make a claim. This means fulfilling the following criteria:

  • The negligent party owed the claimant a duty of care. This is usually straightforward to establish if it involves road users, like motorcyclists.
  • The negligent party breached their duty of care, which led to an accident occurring.
  • As a result of the accident, the claimant suffered harm. 

Of course, each case has its unique circumstances, and not every claim will be able to fulfil all of the eligibility criteria. It is often the role of the solicitor to help the claimant meet these criteria by proving certain aspects of the claim. If you would like to have your own case evaluated, please speak to one of our advisors.

Circumstances Where You Could Claim Against A Motorcycle Insurance Policy

The circumstances that could lead to a claim being made against an insurer provided by Carole Nash are diverse. Furthermore, these circumstances will be different depending on whether the claimant is a client of the insurer, or a third party claiming against them. A motorcyclist making a claim might do so for reasons such as:

  • To make a motorcycle theft insurance claim if their motorcycle has been stolen.
  • A motorcycle accident insurance claim due to damage to the motorcycle that cannot be attributed to the actions of a third party.
  • To make a split liability claim for a motorbike accident (more on this later in the guide).

A third party making claiming for an accident caused by a motorcyclist who is insured by Carole Nash  might claim for:

  • The pain, suffering and psychological damage that the accident caused.
  • Any financial loss incurred due to the accident, including damage to their vehicle.

We will cover the kinds of compensation a claimant might receive in more detail in a later section of this guide. If you’d prefer one of our advisors to tell you the kind of damages you could potentially recover, please give our team a call.

Underwriters Used By Carole Nash Insurance

Carole Nash is an insurance firm providing vehicle and personal accident cover policies underwritten by Ageas. This means that it is not Carole Nash that maintains the pool of funds that claims are paid from. This is instead handled by Ageas.

However, it is Carole Nash that acts as the point of contact for personal injury claims, and the underwriter has no involvement in dealing directly with the claimant. The tie between the insurer and the underwriter is transparent to the claimant, in most cases

Do Insurance Companies Dispute Accident Claims?

If you approach Carole Nash Select Motorcycle Insurance and wish to make a claim for a motorbike injury, the claim may be rejected for various reasons. You may not be able to prove your eligibility to claim, for example.

In such cases, you could engage a solicitor to handle the claim on your behalf. They could assist you in obtaining evidence to make a formal legal claim against the insurer. If you would like us to evaluate your claim for you, and tell you whether you could be eligible to make a claim or not, then please speak to a member of our claims team.

Dealing With An Insurance Company

When dealing with Carole Nash Classic Motorcycle Insurance, or any insurance firm for that matter, you may be offered a pre-medical settlement very soon after you make the initial complaint. However, you might find that the out of court settlement is on the low side, as it does not take full account of your medical condition, the prognosis for a full recovery, nor any financial losses that may have been incurred as a result of the accident.

However, in some circumstances, you may be claiming against your own insurance for injuries you sustained in an accident that was equally attributed to both you and another party. This is called a split liability claim. In cases such as these, you will need to consider whether the compensation payment is worth taking, as it will affect any no claims bonus you have accrued. For minor claims, it may be preferable to not seek compensation.

If you would like some free legal advice about out of court settlements, split liability claims, or anything else about the claims process, please speak to one of our expert advisors.

Could Solicitors Help To Secure You A Higher Payout?

Finding a good personal injury lawyer could potentially see you receive more compensation than the initial pre-medical offer.

A solicitor can help you to prepare your claim, correlate the evidence to support it, and use that evidence to negotiate a settlement with the defendant on your behalf. We can provide you with an expert personal injury lawyer, who will help you get the compensation you are eligible for. Simply call us on the number above to find out more.

Information To Bring To Your Solicitor

Your solicitor is responsible for providing you with all of the information you need to make a claim, such as the personal injury claims time limit that will apply.

However, you will also need to provide your legal team with the information that they need to action your claim effectively. This could include:

  • The details of the cause of the accident.
  • The details of the person who caused the accident, and their insurance policy, if possible.
  • Proof of any costs incurred that you wish to claim for.
  • Any photographic evidence that you have.
  • The contact details of any witnesses who might be able to provide testimony in support of your claim.

There could be other types of information that your lawyer will ask for, depending on the circumstances of your claim. Give our claims team a call to find out what kinds of information we would need from you to begin a claim.

Claiming Damages For Your Injuries

In general, you will not be able to claim compensation for your injuries if you caused the accident yourself. If you had a motorbike crash and Carole Nash was your insurer, they will not cover damages for physical harm if you are the party responsible for the accident.

There is an exception to this, though, which arises in split liability claims. In this case, no party can be deemed to have been primarily responsible for the accident. Each claimant will claim damages for their injuries from their own insurer.

If, however, you were harmed in an accident that wasn’t your fault and the negligent driver is insured by Carole Nash, you could be able to claim compensation for your injuries and losses.

Call our claims team for additional help as to whether you can claim or not.

Motorcycle Accident & Injury Claims Calculator

You may, in the past, have used a personal injury claims calculator to get a rough valuation of your claim. We find they can be tricky to use, so instead, we’ve provided a table which you can use to look up your injury. The potential compensation figures you can see below have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims.

Edit
Type of Injury? How Badly Injured? Possible Payment Further Information
Injured brain/head Moderate £40,410 to £205,580 In this bracket, could be any head injury that results in moderate brain damage, with a negative effect on the cognitive abilities of the victim. There may also be a change of the victim’s personality, and impairment to speech, as well as problems with sight, hearing, etc.
Injured leg Moderate £26,050 to £36,790 In this bracket, could be injuries to only one leg, in most cases. These injuries would include crushing damage, all types of fractures, soft-tissue damage and injuries to the flesh of the leg. There may be some residual disability affecting employability, or some change in the gait of the victim. There would be a risk of developing a condition such as osteoporosis or arthritis at a later stage, and also the possibility of the condition of the leg degenerating in the future.
Injured foot Moderate £12,900 to £23,460 In this bracket, could be medical conditions such as a displaced metatarsal fracture, as an example. When healed this injury could leave the victim with a misshaped foot and unable to wear standard footwear. There would be a risk of developing a condition such as osteoporosis or arthritis at a later stage.
Injured neck Moderate £23,460 to £36,120 In this bracket, we could include any injuries that would result in some form of long-term but a minor disability. As examples, a crush injury or fracture of vertebrae. There would be a risk of developing a further medical condition such as osteoporosis or arthritis at a later stage.
Injured back Moderate £26,050 to £36,390 In this bracket, we could include any injuries that would result in some form of long-term but a minor disability. As examples of this, a crush injury or fracture of vertebrae. There would be a risk of developing a condition such as osteoporosis or arthritis at a later stage.
Injured arm Minor Up to £2,300 In this bracket could be medical conditions such as tennis elbow as an example. Any injuries that could include less-serious fractures and soft tissue damage, as well as lacerations and crush type injuries. There would be no permanent disability once the injury has healed. Full recovery within 3 months
Injured hand Minor Hand, Finger and Thumb Injuries Up to £4,461 This will include fractures which generally have recovered in six months. Also injuries such as scarring, tenderness, and reaction to the cold where there is full recovery.

It’s important to note that these figures are estimates only. The value of each case is dependent upon its unique circumstances. However, we can arrange for a solicitor to provide you with a more specific valuation if you give our team a call.

Special Damages Victims Of Motorcycle Accidents Could Claim

If you make a successful claim, you will receive a settlement package that may consist of two heads of claim: general damages and special damages.

General damages are designed to compensate you for physical and psychological injuries. The level of damages is driven by considerations such as how much suffering the claimant went through, whether they were subjected to traumatic treatment or any permanent impairment. This could include:

  • General pain and suffering at the time of the accident.
  • Shock and trauma caused by the traumatic experience.
  • Psychological injuries such as anxiety or post-traumatic stress disorder.
  • Undergoing traumatic, painful or invasive medical treatment.
  • For long-term or permanent disabilities.

The purpose of special damages is to compensate you for non-physical losses or expenses incurred as a direct result of the injury. If you wish to claim for costs incurred, you will need to provide evidence, such as in the form of receipts, bills or statements. Special damages could include:

  • Long-term loss of work or earning prospects.
  • Loss of earnings due to taking time off work.
  • The cost of any private medical care you needed.
  • Care costs if you had to hire a nurse or home help.
  • Out of pocket expenses such as travel tickets.

One of our expert claim advisors will be able to give you an idea of the kinds of damages you could claim for if you give our team a call.

No Win No Fee Motorcycle Injury Claims

You may like to consider using a No Win No Fee solicitor to help you make your claim. The formal name for this contractual agreement between a claimant and a solicitor is a Conditional Fee Agreement (CFA). A CFA provides you with a way to mitigate financial risks, as well as get the legal expertise you need to make a claim.

Under a CFA, you don’t pay any upfront fees, or any fee at all while the claim is processed. If your claim fails, you still don’t pay the lawyer’s fees. You may only be asked to pay a small success fee if the claim is a success. This forms a legally-capped percentage of your compensation and would be used to help cover some of your solicitor’s costs. The precise level of the success fee will be set out in the CFA.

Contact Our Team

If you need to make a compensation claim against an insurer provided by Carole Nash, we can help. If you need some specific questions answered before proceeding with a claim, please speak to our claims team on 0800 073 8804. One of our claim advisors will provide all the help you need to get your claim started.

Essential References

These other pages could have more, useful information for you:

Facts About Motorcycle Casualties

UK Road Accident Statistics

British Motorcycle Foundation Information About Safety

You can also learn more about motorcycle accident claims below:

 

Written by Wheeler

Edited by Billing

MCE Motorcycle Insurance Compensation Claims Guide

This is a guide to making motorcycle insurance claims involving MCE Motorcycle Insurance, though much of the information you will read is also pertinent in motorcycle claims across the board. In this guide, we cover both general claims against your insurer, and also claims against somebody else’s insurer if you have been injured in a motorbike accident and wish to make a personal injury claim for the harm you suffered.

MCE motorcycle insurance accident claims guideWe have tried to provide as much information as possible in this guide. However, each claim is unique in some way, and yours may raise questions that this guide doesn’t address. If this is the case, we can still help you. Simply call our claims team on 0800 073 8804, and one of our claim advisors will talk through your claim with you, and let you know how we can be of help.

Select A Section:

A Guide To MCE Motorcycle Insurance Claims

In this online guide, we will primarily cover claims against MCE Motorcycle Insurance. However, much of the information we have presented will still be useful regardless of whichever motorcycle insurer you need to claim against. As long as you are ready to begin your claim within the 3-year personal injury claims time limit, which runs from the date of the accident, then a personal injury lawyer should be able to help you.

This guide starts with a general introduction to what an MCE claim is. We also give a brief overview of why you might be eligible to make a claim. We move on to look at the different types of circumstances that could mean you can claim against MCE. We discuss whether MCE is a registered insurance broker or underwriter as well. You will find advice related to whether you should or must accept an early out of court settlement, and how a solicitor might be able to help you by getting you a better offer. We go over what happens if a claim is disputed, and the kind of information you will need to provide to support your claim. The final part of this section of the guide gives more detailed information about your eligibility to claim.

The last part of this guide moves on to look at the financial implications of making a claim. We have provided you with a table that you can use to look up the range of compensation you might be able to claim for a specific injury. We follow this table with a list of some of the commonly recovered types of damages. Finally, we go over our key service offering and explain to you how a No Win No Fee claim works, and the major advantages of using such a legal service.

If you have any questions about the information in this guide, or about making a claim, or even if you just want some general motorcycle insurance claim advice, we are here to help. Please talk to our team on the phone number at the top of the page. One of our advisors will answer all of your questions for you, and provide you with any other help and advice you need.

What Is A MCE Motorcycle Insurance Claim?

First of all, let’s answer the question, who is MCE Insurance? MCE is a company that specialises in all forms of motorcycle insurance. Not just for a single bike, but also special multi-bike insurance policies for people who own multiple motorcycles, classic bike owners, scooter riders, and so on. MCE offers a wide range of insurance products aimed at different kinds of motorcyclists, from collectors to commuters.

If you were injured in an accident with a motorcyclist, and the accident was the motorcyclist’s fault, it would be MCE that you pursue for damages if MCE was the motorcyclist’s insurer. You must have suffered some form of physical harm or financial loss due to the accident in order to be able to claim. This must be proven with evidence, and you will also need to show why the rider was the cause of this harm or loss. Our claims team can give you with more information about making a compensation claim against MCE. Speak to one of our claim advisors to get your claim started.

When Could I Claim Against A MCE Motorcycle Insurance Policy?

If you are in a motorcycle accident, or any kind of road traffic accident and a motorcyclist was to blame for the accident occurring, then if the motorcyclist uses MCE insurance as their insurance provider, you would claim against MCE. You might be able to claim against MCE for:

  • Damage to your vehicle.
  • Injuries that you sustained in the road traffic accident. Including specific injuries such as whiplash.
  • Damage to other property (such as a fence, gate, vehicle)
  • Psychological harm, such as post-traumatic stress disorder.

In cases where loss or harm such as this are the fault of a motorcycle insured by MCE, the victim may be in a position to make a compensation claim. You can speak to one of our claim advisors to have your claim evaluated, and to find out if you are eligible to claim or not.

Does MCE Insurance Use Brokers Or Underwriters?

When a person makes an MCE Insurance claim, MCE is acting as both the insurer and the underwriter of the claim. The Motor Insurers Bureau (MIB) lists MCE as a company that underwrites vehicle insurance.

Where some insurance firms sell insurance products that are provided and underwritten by a third party, MCE provides its own range of insurance products and also shoulders the financial risk of underwriting these policies.

This means that when you make a claim against MCE, you won’t be dealing with a third party through a proxy. This should, in theory, make the process of making a claim less complex. In reality, it may still take many months to process a claim.

What Happens If My Insurance Claim Is Disputed?

If you are claiming against your own insurance policy with MCE, there’s a chance your claim might be rejected. For example, you have a fully comprehensive policy and you wish to claim for your bike being stolen. In this case, you have certain options, such as:

  • Write a formal complaint letter to MCE.
  • Have the claim independently assessed.
  • Get in touch with the related ombudsman service.
  • Contact a solicitor for legal help.

This is something that we should be able to help you with. Please call our claims team and explain what help you need and an advisor will help you further.

Do I Have To Accept An Insurance Settlement?

If you have suffered a motorcycle injury or any other kind of injury in a road traffic accident, and MCE is liable to pay compensation, the company might offer you an initial out of court settlement. This settlement is offered before your injuries have been evaluated and the prognosis for a full recovery is known, and therefore damages for the harm you have suffered are not factored into this settlement offer.

In many cases, it is preferable to turn this offer down and contact a personal injury solicitor to begin processing a full claim on your behalf. We can put you in touch with an experienced solicitor to help you make your road traffic accident claim. Call our claims team to learn more.

Could Solicitors Help You Secure A Higher Payout?

As we have noted in the previous section, accepting an initial pre-medical out of court settlement may not be the best idea if you have suffered a motorcycle injury in an accident that was not your fault. In many cases, it will be better to follow the full personal injury claims process and let a lawyer negotiate a settlement for you. Generally, the amount of compensation received will be higher than the initial settlement offer, but not in every case.

We can help you to make a claim for injuries sustained in a road traffic accident. Please contact our claims team and an advisor will offer you some free legal advice on the best way to proceed.

What Information Should I Provide My Solicitor?

If you have suffered a motorbike injury in a motorcycle accident caused by a third party, your solicitor will need some information from you before they can start to process your claim. This information could include, but is not limited to:

  • Information about the third-party responsible for the accident, such as name, address, registration plate and so forth.
  • Information about the insurer the third party uses. MCE, for example.
  • Details of your injuries, their treatment, and the prognosis, if any, for a full recovery.
  • Documented proof of any costs that you have incurred and wish to claim for.

You may also need to provide, if possible:

  • Photographic evidence.
  • The police accident report number.
  • Contact details for any witnesses to the accident.

Depending on the circumstances of your claim, there may be additional information that your solicitor will need. If you call our claims team, an advisor will let you know whether you need to provide more information.

Could I Claim Compensation For My Motorcycle Accident?

To be eligible to make a compensation claim for injuries you have sustained in a road traffic accident, you will need to fulfil a number of criteria. These include:

  • The third-party responsible for the accident owed you a duty of care. If this party was another road user, this would be straightforward to establish.
  • The third-party breached their duty of care, exposing you to the risk of harm.
  • The breach of the third party’s duty of care led to you suffering an injury, such as whiplash in a road traffic accident. 

If you’re unsure as to whether you satisfy the criteria, why not speak to one of our friendly advisors using the number at the top of this page?

Motorbike Accident Compensation Calculator

You could try and find an online personal injury claims calculator to get a general indication of the level of compensation you might receive if you make a claim. You can also use this table below, which is based on the Judicial College Guidelines, a legal document used by claimants and defendants to value claims. It shows possible compensation ranges for different kinds of injuries and different severities.

Edit
Injury Severity Notes Compensation
Injured hand Moderate In this category, we could include injuries such as soft-tissue injuries (sprains, strains, etc.), as well as lacerations, deep penetrating wounds and crush injuries. We would also include prior injuries that have been treated unsuccessfully using surgery, with some kind of permanent impairment still in effect. £5,260 to £12,460
Injured arm Moderate In this category would be medical conditions such as tennis elbow as an example. So all injuries that comprise of less-serious fractures and soft tissue damage, as well as lacerations and crush type injuries. There would be no permanent impairment once the injury has healed. Up to £11,820
Injured back Minor Where a full recovery is made within three months. Up to £2,300
Injured neck Moderate In this category, we would include all injuries that could result in some form of long-term but minor impairment. For example, a crush injury or fracture of vertebrae. There would be a risk of developing a condition such as osteoporosis or arthritis at a later stage. £23,460 to £36,120
Injured foot Moderate In this category, would be medical conditions such as a displaced metatarsal fracture, for example. Once healed this condition will leave the victim with a misshaped foot and unable to wear standard footwear. There would be a risk of developing a condition such as osteoporosis or arthritis at a later stage. £12,900 to £23,460
Injured leg Moderate In this category, would be in general, injuries to only one leg. These injuries could include crushing injuries, fractures, soft-tissue injuries and damage to the flesh of the leg. There may be some residual impairment affecting employability, or some change in the gait of the victim. There would be a risk of developing a condition such as osteoporosis or arthritis at a later stage, and also the possibility of the condition of the leg degenerating in the future. £26,050 to £36,790
Injured head/brain Moderate Cases in which concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy, and any dependence on others is very limited. £40,410 to £85,150

If you feel that you want a more accurate estimate of how much you could be able to claim based on your unique circumstances, we can help you. Contact our claims team who could arrange for a personal injury lawyer to value your claim for you.

Special Damages Claimed By Victims Of Motorcycle Accidents

If your claim is a success, the compensation you receive may include two heads of claim: special damages and general damages. 

General damages are designed to compensate you for the pain, suffering and loss of amenity inflicted by the injury. The level of damages that the claimant receives is driven by key considerations such as how much pain and suffering they went through, the prognosis for a full recovery and whether they were subjected to intrusive treatment or surgery. More specifically, general damages compensate you:

  • For the general pain and suffering sustained at the time of the accident and in the aftermath.
  • For shock due to being subjected to a traumatic event such as an accident.
  • For undergoing invasive or traumatic treatment, or a long and painful recovery.
  • For any psychological injuries such as post-traumatic stress disorder, anxiety or depression.
  • To compensate for permanent or long-term disabilities or impairment.

The purpose of special damages is to compensate you for any losses or out of pocket expenses incurred as a direct result of the injury. These could be costs already incurred, or projected financial losses. Any costs already incurred will need to be proven by submitting documented proof of payments. Damages could be paid to cover:

  • The cost of travel tickets, and other out of pocket expenses.
  • The cost of hiring help at home, or a carer.
  • To pay for any private medical treatment you needed that the National Health Service (NHS) could not provide.
  • Any loss of income due to not being paid in full for the time you had to take off work.
  • Loss of future earning and life prospects due to some form of disability.

These are all common reasons why damages are paid to a claimant, but there are more of course. If you would like to know the kinds of damages that might be applicable to your own claim, one of our advisors will be able to tell you if you give our team a call.

No Win No Fee Motorcycle Accident Claims

When you engage one of our solicitors under a No Win No Fee agreement, which is also referred to as a Conditional Fee Agreement (CFA), you can be assured that you will get the legal expertise you need, while minimising any financial risk. You don’t pay a new claims fee, and you don’t pay any fees while the claim is being processed. If the claim fails, your solicitor won’t ask to be paid the fees they have accrued.

If you do win your claim, it is at this stage that the lawyer may ask to be paid a small success fee. The amount of this success fee is legally restricted. The fee can be taken out of the money that the solicitor has received for you as a compensation payment.

So, you can see that you only pay your solicitor if the claim has been a success and you have won a compensation settlement. To learn more about how No Win No Fee claims work, speak to one of our claim advisors today.

Begin An Accident Claim

Have you been involved in an accident with a motorcyclist who is insured by MCE motorbike insurance? Do you think you have the valid basis for a compensation claim? If so, you can speak to our claims team using 0800 073 8804. One of our expert claim advisors will talk through your claim with you, advise you about your legal options, and also help you to get your claim underway using one of our expert personal injury solicitors.

References Essential For Bike Accident Claims

These external pages could have additional, useful information for you:

British Motorcycle Foundation Information About Safety

Facts About Motorcycle Casualties

UK Road Accident Statistics

You can also learn more about motorcycle accident claims below:

Written by Wheeler

Edited by Billing

Scotland Rape Compensation Claims – How Much Compensation Could I Claim?

If you have been the victim of assault, you may be wondering whether you could claim sexual abuse compensation in Scotland.

This guide offers help and support to those who have endured the horrific experience of rape, showing how you could claim compensation for the physical and psychological injuries you have suffered. In the sections below, you will find information about how common rape cases are in Scotland, as well as the legal definition of rape and the process for claiming victim compensation in Scotland.

How Much Compensation For Rape Victims In Scotland Could Be Claimed?

If you need further guidance, we could offer a free eligibility check for your case. We could also help provide a personal injury solicitor covering Scotland to help you fight for the maximum compensation possible for your case. You can reach our team by:

sexual abuse compensation in Scotland

Select A Section

What Is Rape In Scottish Law?

According to the Sexual Offences (Scotland) Act 2009, rape is considered to be the penetration of the anus, mouth or vagina by the penis without the person consenting to such penetration, or without a reasonable belief that the other person consents.

If you have been the victim of a rape, you may wish to know where you could access help and support. You could seek support from a rape helpline in Scotland, such as Rape Crisis Scotland, who could help you access the support you may need to deal with what has happened. If you have not yet reported the rape to the police, Rape Crisis could talk you through the process and could help give you the strength you may need to begin taking action against the person or people to blame for your attack.

What Is Rape Vs Sexual Assault?

One difference in Scottish Law between sexual assault and rape is that penetration of the victim by any other object or body part without consent would not be classed as rape. Instead, it would be classed as sexual assault by penetration.

Other forms of sexual assault, according to Scottish Law, include the following non-consensual acts:

  • Intentional or reckless ejaculation of semen, saliva or urine onto a non-consenting person.
  • Reckless or intentional sexual touching of a non-consenting person.
  • Reckless or intentional sexual activity involving physical bodily contact with a non-consenting person, whether or not with an implement or whether or not through clothing

No matter whether you have been injured due to a rape or a sexual assault, it would be considered a criminal act, and you could be eligible to claim rape compensation in Scotland for the physical and emotional trauma it has caused you.

Scotland Rape Statistics

Scotland rape statistics revealed that in 2018/19 there were 2,293 reported rapes and 133 reported attempted rapes. In terms of the total number of sexual crimes reported, there were 13,547 reports in the same period, which was an 8% rise on the previous year. It may be worth noting that of these crimes, sexual assault made up 38% of crimes, with rape and attempted rape making up a further 18%. Other sexual crimes and those related to prostitution make up the remainder of sexual crimes reported.

Recorded sexual crimes in Scotland have increased in recent years. In 2017/18, there were 23 crimes per 10,000 people, while in 2018/19 the figure was 25 crimes per 10,000. The number of crimes varies depending on the local authority. Dumfries and Galloway had the highest proportion of crimes per 10,000people, which was 36, while in East Renfrewshire, the figure was much lower at 15 per 10,000.

In terms of age, the data collected by Police Scotland is not sufficient to give what age group the victims were. However, since many codes used to record sexual crime do differentiate between young people and adults, we can say that a minimum of 39% of the recorded sexual crimes was against victims under the age of 18.

No matter which local authority you were in, and no matter what your age, if you are a rape victim in Scotland, we could help you make a personal injury claim from the criminal injuries compensation fund to compensate you for the physical and emotional harm you’ve suffered. If you are under 18, a parent, guardian or another litigation friend could help claim on your behalf.

Injuries Caused By Rape Which Could Be Claimed For

The injuries you may have suffered as a rape victim in Scotland may not always be obvious from the outside. You must know that as well as the physical injuries you may have sustained, you might also have suffered mental and emotional injuries too.

Physical Injuries Caused By A Rape

Unfortunately, physical injuries caused by rape may not be limited to bruises, cuts and soft tissue damage. Violent rape could cause internal injuries, and in addition to this could leave you with a sexually transmitted infection (STI).

Sexually transmitted infections may be treated successfully with antibiotics and the like, but some sexually transmitted infections could lead to long-term conditions such as Hepatitis or HIV. If the rapist does not wear a condom, it would be wise, as well as seeking medical attention for obvious injuries, to take an STI test so that any infections can be caught and treated as quickly as possible.

Psychological Injuries Caused By A Rape

Rape, as a violent crime, can cause severe psychological harm too. Rape Crisis Scotland say anxiety, fear and uncertainty could be considered common feelings for victims of rape. Other things you could experience may include initial shock, a sense of worthlessness or shame, nightmares and flashbacks, and even a feeling of guilt. However, no victim of sexual abuse should ever feel like what happened to them was their fault. 

Counselling may help you deal with some of these symptoms, but in some cases, the psychological effects are not able to be reversed. Conditions such as depression and PTSD could mean that you are unable to work or resume a normal life after such a traumatic attack, and you may be able to claim compensation for loss of earnings caused by such a condition.

Rape Compensation Claims In Scotland Through The CICA

If you’re considering seeking sexual abuse compensation in Scotland, this could be done through the CICA, also known as the Criminal Injuries Compensation Authority.

The CICA is a government-backed agency, sponsored by the Ministry of Justice, that deals with abuse claims for compensation for victims of violent crime who have been mentally or physically injured. The CICA deals with claims in Wales, England and Scotland.

Who can claim from the CICA?

You could claim compensation from the CICA if you could prove you have been mentally or physically harmed as a blameless victim of a violent crime. This could include victims of attacks such as rape, assault and domestic abuse, for example.

You could also claim for compensation if you were injured in the process of trying to stop a violent crime, if you were a dependent of someone who was fatally injured in a violent crime, or on behalf of a child you are responsible for if they suffer injuries as a victim of violent crime.

Could anything affect how much rape compensation in Scotland I receive?

Your claim may be rejected or compensation may be reduced if:

  • You have not made a police report within a reasonable time period.
  • You have not cooperated with the police to help bring a responsible party to justice.

In addition, when reviewing your claim, any criminal record you have could be considered when assessing your claim.

Time Limits To Claim Rape Compensation In Scotland

The limitation period to make a CICA claim for rape compensation in Scotland is shorter than the personal injury claims time limit for other types of personal injury claims. You would only have 2 years from the incident date to submit your claim to the CICA. However, there may be some exceptions that would allow you to claim after this period has passed.

If your circumstances meant you could not report the rape earlier, this may mean your case could still be accepted by the CICA. In addition, we should also mention that if you are a childhood abuse survivor, you would have 2 years from your 18th birthday to claim.

However, claiming earlier could have some benefits. Evidence may be easier to gather if only a short time has passed between the attack and your claim for victim compensation in Scotland.

Rape Compensation In Scotland Claims Calculator

If you are considering taking the first steps towards making a CICA claim for rape compensation in Scotland, you may want to know how much compensation a rape victim could recover from the CICA. Each case would be assessed on its own merits and you would have to see an independent medical expert to confirm your injuries and prognosis so that your claim could be assessed accordingly. Therefore, putting your injury details into a personal injury claims calculator may not give you an accurate idea of how much compensation you could get.

We understand that not knowing how much you could claim in terms of victim compensation in Scotland can be frustrating, so instead, we’ve provided you with a rough idea by looking at the CICA tariff for England and Wales.

We have tried to use injuries that the CICA have deemed appropriate for sexual crimes, but it may be worth mentioning that you could receive compensation for other injuries, such as PTSD. If you’re not sure which category your injuries would fall in, please do not hesitate to contact our team. We’d be happy to give you further guidance.

Updated August 2021.

 

Edit
Injury Details Compensation level
Sexual Assault Non-penetrative minor physical sexual acts over clothing £1,000
Sexual Assault Non-penetrative serious physical sexual acts under clothing £2,000
Sexual Assault Non-penile penetrative acts or oral genital acts £3,300
Sexual Assault Frequent repetitive pattern of severe abuse up to 3 years in duration £6,600
Sexual Assault Frequent repetitive pattern of severe abuse 3 years or more in duration £8,200
Sexual Assault Frequent repetitive pattern of severe abuse causing internal bodily injuries (serious) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (moderate) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina By a single attacker £11,000
Non-consensual penetration by penis of anus, mouth or vagina By more than one attacker £13,500
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (moderate) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (moderate) £33,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (severe) £44,000
Other payment – Pregnancy Additional Payout for sexual offences that result in pregnancy £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with substantial recovery £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with permanent disability £11,000
Other payment – Infection with STI (Hepatitis B or C, or HIV or combination of more than one of these) Additional Payout for sexual offences that result in Hepatitis B or C, or HIV or combination of more than one of these. £22,000
Other payment – loss of foetus Due to violent crime £5,500

 

How much sexual abuse compensation Scotland could I claim?

If you’re interested in seeing how much you could be entitled to for suffering sexual abuse, you may turn to online tools branded as ‘personal injury compensation calculators’. However, though these may appear to provide payout estimates, the figures that they provide prospective claimants with can be inaccurate generalisations.

Instead, why not get in touch with Legal Expert for a free consultation? You’ll be asked a few simple questions about your case by one of our specialist advisors. After which, you’ll not only be able to see if you have grounds to make a claim but you’ll also get an estimate of how much your claim could be worth.

Our team uses awards from past cases to help provide you with an accurate idea of what you could be entitled to, taking details about your case to build a picture of what types of damage you suffered. So, please don’t hesitate to get in touch today for your free consultation.

Special Damages You Could Claim Compensation For

When claiming sexual abuse compensation in Scotland, you could not only receive an award for the injuries you’ve suffered, both psychologically and physically, but you could also receive special expenses for financial harm you have suffered as a result of the injuries you’ve sustained.

One important point to consider with CICA claims is that these expenses must be considered reasonable, and they may only be claimed for if they were incurred directly because of your injuries. In addition, it would have to be considered whether the costs could be covered by another party, such as the NHS or the local authority, for example.

Some of the costs you may be able to claim for could include:

  • Care costs – If you were seriously injured in a rape attack, you may require help around the house with the likes of cooking and cleaning and other daily tasks. If you could not get such care costs covered by the local authority or another body for free, you could include such costs within your claim.
  • Home adaptations – If serious injuries were sustained in a rape which meant you needed your home adapting to be able to continue living in it, reasonable costs for adaptations could be considered within your claim.
  • Physical aids – If you needed crutches or a wheelchair, for example, and could not get these from the NHS, the costs for these physical aids could be considered as special expenses.
  • Loss of earnings – If your injuries meant you were off work for more than 28 weeks, then the CICA may be able to compensate you for loss of earnings, at the relevant statutory sick pay rate.

You must be able to provide evidence of expenses that have directly resulted from your injuries. This could mean providing bank statements, receipts, bills and payslips to the CICA. If you are unable to provide evidence of costs or losses, you would not be able to include them in your claim.

Why Choose Us To Make A Rape Compensation Claim?

We realise there could be many ways you could seek assistance with claiming rape compensation in Scotland. However, we believe we could be a great option for you. Whether you’d like advice and support with making a CICA claim, or you’d like us to provide you with a personal injury solicitor who could fight for the compensation you deserve as a rape victim, we’re here to help you.

Our experience and knowledge of helping claimants with a variety of criminal injury and personal injury claims mean we are aware of the stress you could be under and we will do all we can to help make the process easier for you.

Our previous clients have been very complimentary about our company, and we pride ourselves on offering a service that claimants find easy to use, professional and empathetic. You can read what our past clients have said about our services if you’d like to see some reviews.

Not only could we answer any questions you may have about how to apply for compensation, and whether you could be eligible to make a claim, we will explain any legal terms you are unsure of so you are fully informed about your options.

Perhaps the best reason to pursue a claim with us is the fact that all of our solicitors work on a No Win No Fee basis. Making a claim under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA) will ensure that you are afforded the most financial protection possible and have the confidence to pursue justice. 

If you sign a CFA with one of our solicitors, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be set out in the CFA.

Start A Claim For Rape Compensation Scotland

To begin a claim for sexual abuse compensation Scotland with help from our panel of personal injury lawyers, please do not hesitate to contact us. We could give you all the guidance and support you may need to get the compensation you deserve.

You can reach our team by:

We have the capability, knowledge, empathy and experience to help you move forward after such a traumatic experience. Why not call us today and allow us to support you?

Essential References

Below, you can learn more about CICA claims via our other guides:

Thank you for reading our guide on how to claim sexual abuse compensation in Scotland.

Written by Jeffries

Edited by Billing

Criminal Injury Compensation Solicitors Scotland | Scottish CICA Claims Guide

By Mark Ainsdale. Last Updated 10th March 2024. This is our guide to claiming with criminal injury compensation solicitors in Scotland. Whether you were injured in an assault or suffered physical or mental injuries due to rape or sexual abuse, you may have questions about whether there is any action you could take to claim compensation for your injuries and the suffering you’ve experienced. In this guide, we offer useful information on finding criminal injury compensation solicitors covering Scotland to help you make a criminal injury claim. 

In the sections below is guidance relating to the claims process for victims of violent crime in Scotland and the levels of compensation that could be achievable. While we know that reliving what’s happened to you could be difficult, we aim to make the process as pain-free as possible and will do all we can to get the maximum criminal injuries compensation for your case. It may not take back what has happened to you, but a compensation settlement may go some way towards helping you move forward after such a terrible experience.

Do you have further questions about claiming compensation for a criminal injury in Scotland? Or would you like to begin a claim with our criminal injury compensation solicitors in Scotland? If so, you can talk to our experts in confidence on 0800 073 8804.

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A Guide To Claims With Criminal Injury Compensation Solicitors Scotland

Criminal injury compensation solicitors Scotland

Criminal injury compensation solicitors Scotland

If you have been the victim of a crime in Scotland, a common question might be ‘How do I claim criminal injuries in Scotland?’ You might also ask how does criminal injuries compensation Scotland work? Here at Legal Expert, we have put together this guide to give you information about making such claims, whether you were injured as a blameless victim in a robbery or assault, or whether you’ve suffered harm due to historic abuse.

You may be surprised to know that despite the crime having happened in Scotland, you would not have to use criminal injury compensation solicitors in Scotland to make your claim. You could choose a solicitor based anywhere in the UK to fight for the maximum criminal injury compensation for your case. This gives you a wider choice when it comes to choosing a solicitor to help you.

Within the guide below, you can find out more about how to claim compensation for injuries sustained due to the criminal activity of someone else. We will explain how to go about making a claim and how we could help you. We also have information relating to how much compensation you could receive for your claim.

What Is A Claim For Criminal Injuries In Scotland?

If you suffer an injury by a criminal act, you may wonder how you could claim compensation. The UK government has an executive agency that deals with claims for compensation for victims of violent crime. It is known as the Criminal Injuries Compensation Authority, or CICA, with its foundation being in 1996. And it helps to compensate those suffering injuries due to violent criminal acts.

Those who could make a claim for a criminal injury in Scotland include:

  • People suffering mental or physical injuries as a direct victim of a crime.
  • Those with emotional harm after witnessing a violent criminal act.
  • People suffering injuries attempting to stop a violent crime.
  • Parents claiming for their children’s injuries.
  • Dependents of those who pass away due to criminal injuries.

Find out how criminal injury compensation solicitors in Scotland or covering Scotland could help you.

Criteria To Claim With Criminal Injury Compensation Solicitors Scotland

To claim compensation as a victim of crime in Scotland, the Criminal Injuries Compensation Authority requires you to fulfil certain criteria, including:

  • Reporting the incident to the police without unreasonable delay.
  • Co-operating with the police to bring the person responsible to justice.
  • Being blameless for the incident (for example, if you provoked violence or voluntarily engaged in a fight, you may not be compensated).

Your conduct and any criminal records could also be taken into account when the CICA decide whether to accept your claim. You may be given a reduced offer of compensation due to this or the CICA could reject your claim. It could be worth consulting with our team if you think this could be the case.  We could offer you some further guidance on criminal injuries compensation Scotland. 

Assault Claims In Scotland

Criminal injury compensation solicitors in Scotland or those covering Scotland could handle assault injury claims. Whether you were assaulted in a random or targeted attack, your injuries could range from minor to severe. There are various categories when it comes to assault. These include:

  • Common assault – Where someone commits an act of battery or assault against another. A battery could involve spitting at someone, pushing them or slapping them, for example, and is classed as an application of unlawful force. An assault, however, is when a victim is made to fear that they are going to be subjected to immediate force. This could include someone raising a fist at the victim, for example.
  • ABH – Actual bodily harm – this could be classed as battery that causes actual harm to the victim. There would usually be physical evidence of this.
  • GBH – Grievous bodily harm – this could be classed as a battery that causes serious harm to the victim or where there is an intention to cause serious harm.

How do I claim criminal injuries compensation in Scotland For Assault?

If you have been injured in an assault, criminal injury compensation solicitors covering Scotland could help fight for compensation on your behalf through the criminal injuries compensation authority.

GBH Claims In Scotland

Grievous bodily harm, or GBH, involves very serious harm being caused to the victim. This could involve a stabbing, for example. If serious harm was not caused but the perpetrator intended for there to be serious harm inflicted to the victim, a charge of GBH could still be appropriate. No matter how serious or minor the injuries you sustained were, you could consider pursuing a claim for compensation against the criminal injuries compensation authority. A personal injury claim of this kind could include compensation for both the physical injuries and the emotional trauma you may have suffered as a result of your injuries. Criminal injury compensation solicitors in Scotland or those covering Scotland could handle such claims. 

ABH Claims In Scotland

ABH stands for actual bodily harm, and it is an offence in which actual physical harm is inflicted upon the victim. While ABH does not have to mean a victim sustains a serious injury, it would involve more than a shove, and evidence such as scratches, bruising and bite marks could be sufficient as physical proof of such an assault. If you have been a victim of ABH, then you may be wondering if you could claim criminal injuries compensation. Our team could help assess your case and provide you with criminal injury solicitors covering Scotland to help fight for compensation on your behalf.

Rape Claims In Scotland

Whether you have been raped by someone you don’t know, or by someone you were in a relationship with, you always have the right to say no to sexual advances. Rape is a violation of your body and your rights and is a horrific and heinous crime.

Whether the rape has left you with physical marks or not, it could have affected you mentally, and this could take you a long time to recover from. If you have not consented to sexual activity, or someone has forced you into sex, you could claim compensation for the mental trauma as well as the physical injuries caused. This is where criminal injury compensation solicitors in Scotland and those covering Scotland could help. 

Our dedicated team of advisors could talk to you in confidence about how we could help you.

Sexual Assault Claims In Scotland

Sexual assault could lead to a victim suffering more than just physical injuries. Research has shown that trauma symptoms could be suffered by victims of many different types of sexual abuse and sexual assault. Not only could criminal injury solicitors covering Scotland help you claim for any physical harm you have suffered due to the sexual assault you were a victim of, but they could also help you claim for emotional trauma suffered as a result. You would have to be assessed by a psychologist/psychiatrist as part of your claim to evidence the effect that the assault has had on you. We understand that talking about your experience may not be comfortable, but some victims of sexual assault could find that talking about their experiences may be somewhat cathartic.

Historical Sexual Assault Claims In Scotland

Being abused could have a significant impact on someone, and if you’ve been unable to process or talk about the abuse until years later, you may be under the impression that it could be too late to report the abuse or claim compensation for the harm you’ve suffered because of it. This would not be the case, as our criminal injury compensation solicitors in Scotland can explain.

If you suffered historic sexual assault or abuse and now feel ready to take action, you can still report historical abuse or assault to the police, and you may still be able to apply for criminal injuries compensation for the harm you’ve suffered. This is because there could be an exception to the criminal injury claims time limit for historical abuse cases. It could be argued that you were not able to report the abuse or assault as you were unable to process it until much later, and criminal injury solicitors covering Scotland could help to fight for the compensation you deserve for the traumatic experience you’ve been through.

Robbery Victim Claims In Scotland

Have you been the victim of a robbery in Scotland? Whether you’ve been injured in a mugging or a home burglary, this could be a very traumatic experience and it could lead to you suffering both physical and psychological harm. Criminal injury compensation solicitors covering Scotland could help you prove that you were a blameless victim of a robbery, and this could lead to you being awarded compensation, not just for the physical trauma you’ve sustained but also the emotional harm it has caused you. You may even be able to claim for costs associated with the robbery, such as loss of earnings, physical aids and more. You can learn more about criminal injuries compensation Scotland by contacting us today. 

Could Criminal Injury Solicitors Help Me If No One Has Been Caught Or Convicted?

While you may be under the impression that the person/s who caused your injuries would have to be caught and convicted for you to be able to claim criminal injuries compensation for Scotland-based crimes, you may be surprised to learn that this is not the case. If the crime has been reported, and you have suffered an injury as a blameless victim, and you meet CICA eligibility criteria, you could still claim compensation for your injuries.

How Long Do I Have To Claim With A Solicitor For A Criminal Injury In Scotland?

The usual criminal injury claims time limit is shorter than the personal injury claims time limit that applies to personal injury claims. You would usually only have 2 years from the date of the incident to claim compensation. However, there could be some exceptions to this. If you’re unable to make an application to the criminal injury compensation scheme in Scotland due to exceptional circumstances, or the evidence with your claim would not require extensive investigations by claims officers, your claim might be possible outside of the 2-year time limit.

Other special exceptions could apply if you’re a child when the incident happens, and no parent or guardian claims on your behalf. You could usually have until your 20th birthday to claim in these cases.

We should mention that the earlier you claim, the easier it may be to gather the evidence needed to prove your claim, thereby improving your chances of success. Speak to our criminal injury compensation solicitors in Scotland for further information. And we can help you from there.

Could A Solicitor Help You Claim Compensation Through Courts?

Criminal injury compensation solicitors covering Scotland could help you if your case goes to court. If you must attend court to give evidence in your case, you could receive compensation for these costs. In addition to this, if the accused person pleads guilty or is found guilty, the court may order them to pay you compensation by way of a compensation order.

Claiming For The Return Of Property

If your property was taken from you to be used as evidence in your case, it would usually be returned to you by the police once the case was concluded. The Crown Office and Procurator Fiscal Service and Police Scotland has guidance on the return of property. You can find more information on this here.

Scottish Criminal Injury Compensation Claims Calculator

Some claimants who are looking into applying for criminal injuries compensation in Scotland may like to know how much compensation could be achievable for their claim before they decide on whether or not to go ahead with it. Unfortunately, it is not possible to get an accurate figure from a personal injury claims calculator regarding this. This is because all personal injury claims focus on their unique facts. And without assessing the case as a whole, it would not be possible to conclude how much compensation could be appropriate for your case.

Also, you would have to undergo a medical assessment with an independent professional who could review your medical notes, examine you and compile a report that details your condition and your prognosis. This gives your personal injury lawyer a more accurate idea of the level of compensation they could achieve for your case.

We understand this could be quite frustrating, which is why we have some rough payout amounts for specific injuries that we believe could relate to this type of criminal injury claim. If, however, your injury doesn’t appear here, we could give you some further guidance on payout amounts over the phone. The figures we have in the table below come from the Criminal Injuries Compensation Authority Tariff covering England and Wales. And these could give you some rough insight into compensation amounts for such cases. But please contact our criminal injury compensation solicitors in Scotland if you want more advice.

 

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Injury Tariff Award Notes
Paralysis (Major) Not caused by brain damage. £27,000 Mild motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £55,000 Moderate motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £110,000 Severe motor or sensory function impairment (Hemiplegia)
Mental Injury (Disabling) £13,500 Not permanent, but injury could last for more than 5 years. Injured parties would have to have an assessment from a clinical psychiatrist/psychologist to confirm condition and prognosis.
Mental Injury (Disabling) £27,000 Where the injured party is seriously and permanently disabled.
Facial Scarring £11,000 Seriously disfigurement
Sight loss £22,000 Sight loss in one eye
Jaw bone fracture £6,200 When disability continues after surgery.

 

Special Damages You Could Claim

So, you’re wondering, ‘How much compensation do you get for criminal injuries?’ It may be important for claimants to understand that they could be eligible to claim for special damages as well as for their pain and suffering. Special damages compensate you for any financial losses or expenses as a direct result of the injury.

Some of these could relate to:

  • Physical aids – This could include wheelchairs and walking sticks. However, you would only claim these if you couldn’t get the aids from another organisation, such as the NHS.
  • Damage to property – Should your personal property suffers damage due to the criminal act, this becomes claimable.
  • Care costs – If you need help with things like cooking, cleaning or dressing, these costs are claimable. However, you would only be able to claim for these costs if they’re not free by another source.
  • Home adaptations – If your injuries require home adaptations, these could be claimable.
  • Wage losses – Have you been unable to work due to your injuries for more than 28 weeks? If so, you may be able to claim loss of earnings as part of your claim. However, this usually comes as the statutory sick pay rate at the time your claim begins. You would also need to provide a 3-year employment history to be eligible for this. And you must also explain any other gaps in your employment history during the 3-year period.

Further Details

There are two things we should make very clear when talking about special damages for CICA claims. Firstly, you would only be able to claim for expenses if the benefits office or local authority don’t cover them, And they must be reasonable. Secondly, you would have to be able to prove these costs. To do so, you might need to keep things like bank statements, bills, payslips or receipts to provide as evidence. Remember you do not have to claim with criminal injury compensation solicitors in Scotland. Our team coud help you. 

No Win, No Fee Claims With Criminal Injury Compensation Solicitors Scotland

Do you need assistance from criminal injury solicitors covering Scotland but fear having to pay upfront for their services? It may be a surprise, and a relief, to know this isn’t necessary. In fact, there’s a method for getting legal assistance without paying anything until your claim successfully ends in compensation. These are No Win No Fee claims. Instead of paying a retainer to your personal injury solicitor, you would instead sign a Conditional Fee Agreement. This promises them a small success fee with a legal cap percentage of your compensation payout. You only have to pay this success fee if the lawyer can agree on a compensation payout for you. And if they aren’t successful in doing so, you would not have to cover their costs of pursuing the claim. You would also not have to pay any fees upfront or during the claim. 

Here at Legal Expert, we can provide you with one of the criminal injury solicitors covering Scotland. We work with who could help with a criminal injuries compensation application for claimants in Scotland. To ask us anything more about making a claim, please do not hesitate to get in touch.

Start Your Claim For Compensation With Solicitors Covering Scotland

We hope this guide to claiming with criminal injury compensation solicitors in Scotland helps you. If you’re still wondering ‘How do I claim for criminal injuries in Scotland?’, please get in touch with your queries. We would be glad to offer you free, no-obligation expert advice on your claim. And we’re ready to provide you with a solicitor to fight for criminal injuries compensation on your behalf. You can reach us in several ways:

By phone: 0800 073 8804

Via email: info@legalexpert.co.uk

Through the Live Chat Service, or via our contact form.

We look forward to hearing from you.

Essential References

Claiming Compensation For Criminal Injury – This Government resource explains more about criminal injury compensation.

Latest News From CICA – Here, you can read updates regarding the Criminal Injuries Compensation Authority.

Victims Code For Scotland – You can read more about what help there is available for victims of crime in Scotland here.

Below, you can learn more about CICA claims via our other guides:

Recorded Crime In Scotland – Statistics

According to data published by the Scottish government, recorded crime remains at one of the lowest rates in decades. You can find data and statistics published by the Scottish authorities here and here.

The recorded crime rate in Scotland for 2019-20 was a total of 246,516 crimes. This rates remains broadly flat with a less than 1% fall from the previous recording year. The past decade has seen an overall downward trend in recorded crimes in Scotland.

Recorded crime in Scotland peaked in 1991 with a total of 572,921 crimes. The rate of violent crime has been decreasing since the year 2002 – 03. Whilst there have been increases in recorded rates this is down to the way in which crime is recorded. The Domestic Abuse (Scotland) Act 2018 set out new crimes to be recorded. There still remains an overall reduction in non-sexual violent crimes since 2002-03.

Criminal Injury Compensation Solicitors In Scotland FAQs

What is the time limit for filing criminal injury claims?

This window has a maximum of two years except for the likes of historical sexual abuse cases.

But how does this differ from typical injury claims?

For a normal personal injury claim, the victim has up to 3 years in which to take legal action.

When can a claim begin?

As soon as possible once you speak to one of our personal injury lawyers.

How does the defendant learn of the claim?

They will receive a letter stating the victim’s intention to claim.

When does the first settlement offer come from the defendant?

This arrives once the defendant begins to accept liability, though this could be months into negotiations.

Is it imperative to accept the first offer?

Absolutely not, because this is very rarely the sole offer, and it’s almost always the lowest offer too.

What happens if I reject a settlement offer?

In this case, the defendant should come back with a larger offer, but you can’t accept the previous offer anymore.

And how long will my case take?

Such cases tend to reach a resolution inside 12-to-18 months.

If you have been affected by these crimes, you could claim via the Criminal Injuries Compensation Authority. Remember, you do not have to use criminal injury compensation solicitors in Scotland. Our panel of solicitors could help you. Our team could help you secure criminal injuries compensation.

Written by Jeffries

Edited by Billing