Any bike accident will damage your physical health as well as potentially causing serious mental health implications. When a car or vehicle knocks you off your bike, you have a right to claim compensation for your trauma. Here is what you need to know to successfully file a claim for compensation after a motorcycle or bike accident.
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Who has the legal right to claim after a bike accident?
You can make a claim for compensation for any road accident that was not your fault. Even if all you have is a bump on the head and a fright, you can still claim for compensation.
Bikers are often put off making a claim after a run-in with a car because they feel they are not badly injured on a physical level. The truth is however, that if you have gone through trauma, stress and suffering at the hands of somebody else, you have the right to make a claim for your injuries and suffering. Not only do you owe it to yourself to make a claim, but in bringing the guilty party to justice, you may also help prevent it happening to the next person.
How to make a claim for compensation after a bike accident?
To make a claim for compensation after a bike accident you should seek the advice of a personal injury solicitor. They will help you with things like filing your claim, gathering evidence, speaking to witnesses and gathering paperwork together. Also, a personal injury solicitor will submit a letter of claim on your behalf, which a judge will review. The opposite side may respond to your claim, then the judge will decide who is at fault. The case may go to court if a decision cannot be reached.
Generally, insurance companies will try to settle out of court. This is due to court costs being expensive. Looking for a No Win No Fee solicitor can help keep costs low.
What happens during a personal injury claim?
1 – You must have sustained an injury.
2 – You should then seek help from a solicitor.
3 – You sign a Letter of Engagement, which works like a contract.
4 – Your solicitor will evidence gather on your behalf. They will work out who is at fault in order to support your claim.
5 – The other party has 3 weeks to reply to the letter your solicitor sends them.
6 – Either of you can file a Part 36 Offer to settle amicably out of the court system at any time.
7 – The third party will investigate and decide if they are to blame or not. If they deny it all or claim it was partially your fault that they hit you off your bike with their car, you may go to court.
8 – If they admit fault, you get a medical examination and your solicitors can negotiate a payment amount.
9 – If the third party denies liability, you still go through the medical exam and you start preparing for court.
10 – The third party has another 28 days to come up with a defence. The court case might go on for years. This is why most insurance companies will seek to settle outside of court.
Court battles are lengthy but worth it.
Were you involved in a road traffic accident? Seek the advice of an experienced solicitor to get the best results. Our personal injury experts at SilverOak Solicitors – Personal Injury, Housing Disrepair and Immigration Services can act on your behalf regardless of where you are located. We always provide a free 15-minutes initial consultation with no obligation to engage afterwards. We are a nationwide law firm that offers a personal approach and you are always welcome to visit our office which is based in London.