If you’re involved in a road traffic accident, you might end up with serious, and sometimes life-changing, injuries. Therefore, if the accident was caused by another road user’s negligence, you’d be well within your rights to claim compensation for your injuries through their insurance company. But what happens if the person responsible for the accident is uninsured? In this article, we will show you how you could claim compensation if you’re involved in a motorcycle accident with no insurance. That might mean that you’ve been hit by an uninsured motorcyclist or you were riding a motorbike that was hit by an uninsured driver.
Advice.co.uk can help you by providing free legal advice during a no-obligation telephone consultation. A member of our team will go through everything with you and explain your options. If they believe your claim is strong enough, they could pass it to a personal injury lawyer on our panel. If the claim is taken on, your lawyer will represent you on a No Win No Fee basis.
To learn more about what to do if you are in an accident with no insurance, please read on. Or, if you’re ready to start your claim now, please call our specialists on 0161 696 9685.
Select A Section
- A Guide To Claims For A Motorcycle Accident Without Insurance
- Calculating Motorcycle Accident Compensation Settlements
- Other Damages Which May Be Claimable
- What Is A Motorcycle Accident Without Insurance?
- Is It Illegal To Drive A Motorcycle Without Insurance?
- What Are The Penalties For Riding A Motorcycle Without Insurance?
- How To Claim For A Motorcycle Accident Without Insurance
- I Was Insured But The Other Party Was Not, How Do I Claim?
- The Rider Was Uninsured, Could I Claim If The Bike Is Insured By Another Party?
- How The Motor Insurers’ Bureau Could Help If The Other Party Is Uninsured
- No Win No Fee Claims For A Motorcycle Accident Without Insurance
- Why Choose Our Friendly Team?
- Talk To Our Team
- More Information
A Guide To Claims For A Motorcycle Accident Without Insurance
Having a valid insurance policy is a legal requirement for any driver or rider in the UK. The idea is that if the policyholder causes an accident, the insurance will cover the cost of repairs and compensate for any personal injuries. However, there are times when riders and drivers don’t have a valid policy.
That can happen because they forgot to renew, they missed a payment, or they chose to ride without insurance because it was too expensive. Either way, motorists who don’t have insurance are breaking the law. You might think that making a claim for any damages or injuries would be impossible if there’s no insurance to cover your claim. However, later in this guide, we’ll show you how you could still claim through the Motor Insurers’ Bureau.
As we progress, we’ll look at different scenarios in which you may be able to claim without going through your own insurance policy. We will also explain what you could claim compensation for and how much might be paid.
When claiming for injuries sustained in a motorbike accident, you will have to abide by strict time limits. In most cases, the limitation period starts on the day of the accident and lasts for 3 years. If you try to claim outside of that period, your claim could automatically be rejected. Our advice is to contact us as soon as you can to let us know what happened. We have a panel of personal injury lawyers who could represent you if your claim is accepted.
We are here to help if you have any queries about claiming. Our team will assess your claim with you and provide free legal advice whether you go on to make a claim or not. Therefore, why not let us know about your case today?
Calculating Motorcycle Accident Compensation Settlements
In this section, we are going to provide some example compensation amounts from the Judicial College Guidelines (JCG). This is a document that’s regularly updated to provide compensation ranges for different injuries. Lawyers, insurers and other legal professionals use the JCG to help set compensation levels in personal injury claims.
If your injury is not listed in the compensation table below, don’t worry. It’s just a sample of the injuries we could help you claim for. Please bear in mind that each claim is different. When you contact us to have your case assessed, we should be able to offer a more personalised compensation estimate.
|£6,060 to £8,200
|A simple fractured jaw injury where immobilisation is required but when a full recovery occurs.
|£4,080 to £7,410
|Covers soft tissue injuries often seen with whiplash where recovery takes around 1 to 2 years without surgery.
|£11,730 to £26,050
|Injuries such as prolapsed discs requiring laminectomy are covered with this category.
|£11,980 to £18,020
|An example covered by this category is a dislocated shoulder with additional damage to the lower brachial plexus resulting in neck and shoulder pain.
|£13,920 to £24,580
|Injuries to the knee including torn cartilage or dislocations which cause minor instability or weakness.
|£12,900 to £24,950
|Ligament tears or fractures that cause problems like difficulty standing for long periods or awkwardness climbing stairs.
The claims process requires that you have a medical assessment of your injuries. That’s because you need to prove the extent of your suffering to try and ensure the correct compensation is paid. It’s also because you need to be able to prove that the incident caused your injuries. If we provide you with a lawyer from our panel, they will try to make sure your appointment is held locally.
The meeting will be conducted by an independent medical specialist. They will examine you, refer to your medical records, and ask questions about how you’ve been affected by your injuries. After the appointment is over, they will describe their findings in a report which will be forwarded to your lawyer.
Other Damages Which May Be Claimable
As well as making a claim for your injuries, it is possible that you could claim for special damages. This is a payment which aims to cover any financial costs you’ve incurred because of your injuries. As mentioned above, each claim is unique so what can be claimed varies from case to case. However, some examples include:
- Medical expenses. Even with free NHS treatment, you could end up paying medical costs. Therefore, you could claim back prescription fees, the cost of over-the-counter products and some private medical services.
- Travel-related costs. When attending medical appointments, you may have to pay for bus fares, fuel or parking fees. These could all be added to your claim.
- Care costs. In some cases, you may need support with daily activities while recovering. If that’s the case, you could ask for the cost of your carer to be reimbursed.
- Lost income. When you take time off to recover from your injuries, you might lose some or all of your income. If that happens, you might be able to ask for lost income to be paid back.
- Home adaptations. If you are left with a disability after your motorbike accident, you might need to adapt your home to help you cope. In some cases, the cost of those changes could be added to your claim.
- Future loss of earnings. Where your ability to work suffers in the long-term, you may be able to claim for future lost income. How much you could receive will depend on your job prospects, age and salary.
What Is A Motorcycle Accident Without Insurance?
There are several criteria that need to be met before you can claim for any injuries caused by an accident. They include:
- The defendant must owe you a duty of care.
- An accident occurred because the defendant was negligent.
- You can prove that you suffered an injury because of the accident.
The fact that the defendant was not insured is not as important as the criteria listed above. If you are unable to prove all three, then a claim is unlikely to be taken on. If you would like us to check whether your accident could entitle you to make a claim, please call our advice line today.
Minimum Vehicle And Rider Insurance In The UK
By law, any motorist must have a valid insurance policy. The minimum level of insurance required is called third-party cover. This should mean that the insurer will cover damage to the other motorist’s vehicle and compensate for any injuries.
Is It Illegal To Drive A Motorcycle Without Insurance?
Quite simply, the answer to this question is, yes. Insurance must be taken out by any motorist using public roads. The Road Traffic Act 1998 states that you must not ‘use a motor vehicle on a road (or other public place)’ unless you have a valid insurance policy covering the use of that vehicle. This legislation covers all types of vehicles including cars, vans, motorcycles and mopeds.
Different Types Of Motorcycle Insurance
For your information, here are the different levels of insurance you can take out:
- Third-party only. This level of insurance means that you and your vehicle will not be covered in the event that you cause an accident. However, any third party will be.
- Third-party, fire and theft. This type of policy is the same as above, but the cost of replacing your vehicle will be covered if it is lost or stolen. You’d also be covered for damage caused by theft (such as broken windows) or fire.
- Comprehensive insurance. This type of policy means that if you cause an accident, as well as any third party claiming damages, you could claim against your own policy as well.
What Are The Penalties For Riding A Motorcycle Without Insurance?
As riding a motorbike (or any other vehicle) without insurance is a criminal offence, sentencing guidelines have been published by the Sentencing Council. These guidelines will generally be applied by a Magistrates’ Court.
The penalty for driving without insurance varies depending on the seriousness of the case but can include a driving ban or up to 6 penalty points on your driving licence. It is also possible that your vehicle could be seized by police and you could be issued with a fixed penalty of £300.
How To Claim For A Motorcycle Accident Without Insurance
If you are in any type of accident, the first thing to do is gather evidence. This could help you prove what happened, who was to blame and what injuries you sustained. Evidence you can supply includes photographs, dashcam footage, witness contact details, police reports and medical records.
Claiming If You Did Not Cause The Accident
If you were uninsured at the time of the accident, and the other driver was insured, you could still make a claim against their policy if they caused the accident. Even though you will have broken the law, you would essentially have the same rights as a pedestrian who’d been hit by the other driver. However, without insurance, your claim could become very tricky if the defendant’s insurer denies liability.
I Was Insured But The Other Party Was Not, How Do I Claim?
You might think that if you’re injured in an accident caused by an uninsured driver, you could just claim through your own policy. If you have a comprehensive insurance policy, that might be possible. However, claiming in this way could have caveats. That’s because, if you do claim against your policy, you may incur costs. For example, you may have to pay a policy excess. Additionally, it is very likely that the cost of your insurance premiums will increase for several years due to the fact you have made a claim.
The Rider Was Uninsured, Could I Claim If The Bike Is Insured By Another Party?
If an uninsured biker causes an accident in which you are injured, there may still be a route to claiming compensation. That might be the case if the responsible rider was uninsured to use the bike, but the bike was insured by someone else. Even though the rider was uninsured, any damages should be covered if you have fully comprehensive insurance cover. You would claim it on your own insurance.
If you are unsure whether you can claim, please call us for clarification. A specialist will take a look at how the accident happened, who was responsible, and what type of insurance was in place. Additionally, they’ll provide free legal advice about how to proceed.
How The Motor Insurers’ Bureau Could Help If The Other Party Is Uninsured
As mentioned earlier, there is a scheme that could cover the cost of any damage to your vehicle and compensate you for injuries caused by an uninsured motorist. The Motor Insurers’ Bureau (MIB) was set up in 1946. Part of the Road Traffic Act 1998 states that all insurers should be members of the MIB and contribute funding towards it.
In practice, that can mean that all law-abiding insurance holders pay an extra amount in their policy to fund the MIB. The government body covers accidents that happened in the UK involving uninsured drivers.
The MIB will investigate your claim to check what happened, confirm who was involved and the extent of any injuries you are claiming for. If you work with a lawyer from our panel, they will ensure you are assessed by an independent medical expert so that you can provide the correct medical report to support your claim.
No Win No Fee Claims For A Motorcycle Accident Without Insurance
We commonly hear people say that they are worried about how much it will cost to take on legal representation. That sometimes means claimants don’t go on to seek the compensation they’re entitled to.
Our panel of personal injury lawyers work on a No Win No Fee basis for all claims that are accepted. That means your financial risks are reduced, but at the same time, you get access to legal representation.
When you ask for your case to be reviewed, a lawyer will look to see if it has a reasonable chance of success. If they are happy to continue, they will draft a Conditional Fee Agreement (CFA) for you. This document explains what needs to be done for the lawyer to be paid. Additionally, it shows that:
- Lawyer fee payment won’t be taken upfront, which means your claim can start right away.
- No lawyer’s fees are billed while the case is being processed.
- If the claim does not work out, you won’t be asked to pay lawyer’s fees at all.
There is only one reason the lawyer will be paid for their work and that’s if you receive compensation for your injuries. If that happens, the lawyer will deduct a success fee from your settlement. This is a percentage of your compensation. So that you know how much you’ll pay, the success fee is explained in the CFA. Legally, success fees are capped.
Why Choose Our Friendly Team?
If you’re wondering how we could help you claim, here’s the process we use for anybody who contacts us:
|You make contact with us online or by phone.
|A specialist advisor will listen to what’s happened.
|If you want to proceed, and your claim is strong enough, we’ll start the ball rolling.
Talk To Our Team
You are nearly at the end of this article about motorcycle accident claims. We hope the information we’ve supplied has proven useful. If you are considering your options and would like to talk to us, you can:
- Call our free legal advice line on 0161 696 9685 to go over your case.
- Seek advice from an online advisor in live chat.
- Request a callback from a specialist by completing this online form.
We will always be honest and open about your chances of receiving compensation so that we don’t waste your time. When you call, we’ll start by reviewing your case on a no-obligation basis. You’ll also receive free legal advice about your options. If you’re happy to continue, and your case is strong enough, we could pair you with a personal injury lawyer from our panel. If they accept your case, they’ll provide their services on a No Win No Fee basis.
Thanks for reading our guide on how to claim compensation for injuries sustained in motorbike accidents. Now that we’ve covered all of the necessary content, we are going to link to some external guides and resources which might help you.
The Highway Code For Motorcyclists – Sections 83 to 88 of The Highway Code are specifically for motorcyclists.
Zero In – A campaign to reduce road deaths in the UK.
Concussion Information – NHS guidance on the causes and treatment of concussion injuries.
To show you how else we could support your claim, we’ve provided a range of different guides below. If there is any further advice required, please don’t hesitate to call us today.
Calculating Unfair Dismissal Settlements – Information on what sort of settlement figure could be paid following unfair dismissal.
Cycle Accident Claims – Details of the types of injuries caused by cycling accidents that could lead to a claim.
Agency Worker Claims – Our guide about the rights agency workers have if injured at work.
Page by TE
Published by HE
Thank you for reading our guide to claiming following a motorcycle accident without insurance.