Motorbike AccidentClaims

Motorbike accidentclaims can differ in many ways from car accidentclaims. While accidentsin a car can lead to minor injuries , the same accidentcan lead to far more severe injuries for motorcyclists. The majority of motorbike accidentsare caused by other road users. If another person causes your motorbike accidentyou could be eligible to make a motorbike accidentclaim. Compensation received can help to reduce the financial loss caused to you as a result of medical expenses and loss of earnings.

What are common Motorbike AccidentClaims?

  • Errors by other road users
  • Poor road conditions such as pot holes or standing water
  • Oil spills on the road
  • Cargo spilled on the road from another road user
  • Stray animals can cause accidents and there may be a claim against the owner’s home or farm insurance.

What if somebody else caused the accident but you cannot identify them?

You may not be able to identify the person who caused the accident in certain situations, for example:

  • They have left the scene (“hit and run”)
  • They dropped cargo on the road before you got there and this caused the accident
  • They spilled oil on the road before you got there and this caused the accident

In these scenarios you can pursue a claim against the Motor Insurers Bureau of Ireland (MIBI), the organisation that acts as the insurer for all unidentified road users.

Can you be compensated if a family member has been killed in a Motorbike accident?

Yes, if the accident was caused by somebody else then the family may have a claim for compensation for their loss.

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What Should You Do After a Motorbike Accident?

Seek Medical Help
  • The most important thing to prioritise after a motorbike accident is your health and the health of all the people involved such as passengers and other drivers. If anyone may have suffered a serious injury, phone an ambulance immediately. If you think you feel fine you may still have suffered an injury that could get worse later on. For this reason, it is always advisable to attend your local accident and emergency (A&E) or your GP to be checked out as soon as possible after the car accident.
Gather information at the scene
  • You should gather the following information:
    • Details of other drivers and people involved including: name, address, contact details, licence plate number, insurance details. You should also give your information to the other people involved.
    • Name and contact details of any Gardaí and paramedics
    • Name and contact details of any witnesses of the accident
    • Keep a note of the time and date of the accident along with the road conditions (was the road wet or dry?)
    • Take pictures of the damage to all vehicles from different angles
    • Take pictures of the scene showing the position of the vehicles especially any skid marks and oil spills.
    • If you have dash-cam footage make sure to save it
    • If there are CCTV cameras in the area that may have recorded the accident you should try to get a copy of the recording.
Make the road safe
  • You should consider the safety of everyone involved and the safety of other road users. You should ensure that the necessary vehicles are moved so that they are not at risk of causing another accident. However, where there is any question about liability for the accident, to the extent that is possible to do so, you should try to maintain the scene of the accident in the way that the accident occurred until it has been properly recorded by the Gardaí if they attend at the scene
Report the accident to the Gardaí
  • It is always important that you call the Gardaí to report the accident immediately. If the Gardaí tell you that it was a minor accident and they will not be attending the scene then you should gather the details outlined above and then visit the nearest Garda station and request that they take details of the accident and take your statement about what happened.
Contact an Engineer
  • If there is likely to be a dispute about liability you should consider getting an engineer out to examine the scene and take photographs as soon as possible after the accident has occurred. There may be evidence such as skid marks, oil, debris and glass on the road for a short period after the accident which could make help you prove who is liable for the accident.
Timeline for Notifying a Claim
  • You have an obligation to notify the party you believe was responsible for your intention to bring a claim for the accident within 30 days of the accident occurring.
Notify your own insurance company
  • Even if you were not at fault in any way for the accident it is advisable to notify your own insurance company. This protects you if somebody claims later on that you were at fault. If you do not notify your insurance company then you risk them refusing to indemnify you if a claim is made against you. You should tell your insurance company that you were not liable for the accident.
  • If your vehicle is damaged from the accident it is usually not advisable to claim on your own insurance because that will be a claim on your policy. While the process may take longer it is better to pursue the claim for damage on the other driver’s insurance policy
Be careful dealing with the other driver’s insurance company
  • The other driver’s insurance company may offer to pay for the repair of your car or where it is written-off they may make an offer for the value of the car. You are entitled to negotiate these amounts. If you have to rent a car for a period while your car is getting fixed you should ensure that this cost will be covered by the insurer.
  • Where you need to be careful is where the claims handler starts to offer compensation for your injuries and for paying your medical or physio expenses. This can often occur where the claims handler tries to befriend you and promise that you will have your money very quickly. If you accept such a payment in full and final settlement of your claim then you may not be able to undo this action. The issue with settling a claim too quickly is that you may not yet know the extent of your injuries and loss of earnings so you may be losing out on getting your correct compensation. This can be a tricky area for you to know what is best and you can call us to help guide you in the right direction.
Contact a specialist Motorbike Accident Injury solicitor for guidance
  • If you think you may have a claim you can contact us now for guidance throughout the process. It is important that you contact us as soon as possible after the accident so that you do not miss any deadlines. We help guide you through the first step of your claim with the Injuries Board and ensure that the application is done correctly so that your claim can progress quickly.
  • You should keep receipts for all expenses caused by the accident such as medical visits, prescriptions, physio visits, car repairs as these will be needed when making your claim.

What Should You Not Do After a Motorbike Accident ?

  • Do not leave the scene until you have exchanged name, address, contact details, licence plate number and insurance details with the other drivers involved.
  • Do not admit liability for the accident. Sometimes people say things out of shock or to make the other driver feel better. This can affect your insurance and your right to compensation if the other drivers say the accident was your fault and that you admitted fault at the scene.
  • Do not make a formal statement to the Gardaí before getting legal advice. If the Gardaí ask for a statement, tell them you will make the statement at a later date and then get legal advice.
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