Guide To Claims

You can claim for any loss, injury or damage which has arisen as a direct consequence of a road traffic collision. You must prove the loss and you must show that the loss is reasonable.

CLAIM PROCESS WITH MOTORCYCLE LAW SCOTLAND

If you have suffered injury in a motorcycle accident due to the fault of another, you may have a personal injury compensation claim. You, or a loved one, must have been injured due to the negligence of another.

The type and cause of the motorcycle injury may vary greatly depending on the circumstances of your case. Motorcycle Law Scotland will assess your prospects of success at the outset and will provide you with clear options as to how best recover the maximum monetary value for your claim for motorcycle accident compensation in the shortest possible time.

Once you've given Motorcycle Law Scotland the go-ahead to proceed with your claim, we will consider the evidence and fully investigate your case. Photographs, eyewitness accounts and police reports will be taken into consideration and we might also ask you to undergo a medical examination so we can determine the extent of any injuries or long term damage you may have sustained in the accident.

At the outset, we will submit a claim to the party at fault or their insurance company detailing your case against them and requesting they admit liability.

If liability is admitted, we will value your claim based on the injuries sustained, damage to your motorcycle and motorcycle equipment, any expenses incurred and loss of income. We will submit our valuation of your claim to your opponent’s insurance company.

We will invite them to make an offer based on our assessment of your claim.

When an offer is received, we will provide you with clear advice on whether to accept or reject the offer. If we feel the offer is too low, we will recommend that you raise proceedings in court, at no cost or risk to you.

If liability is disputed and we consider you have at least a 50% prospect of success, we will raise proceedings in court which, thanks to our no win no fee policy, would be undertaken at no cost or risk to you.

WHAT YOU CAN CLAIM FOR

LOSS OF INCOME

One of the most common losses is the loss of income. You are entitled to claim loss of income and all you need to establish is the period of absence from work was reasonable. However, you may not be able to get back to work or if you do you can’t do the job you did prior to your accident because of the injuries sustained. It is important to claim future loss of income. It will be necessary to obtain support in writing from your employer or, if you are self–employed, your accountant.

MOTORCYCLE AND PROTECTIVE CLOTHING DAMAGE

You can claim for the damage to your motorcycle, or if your motorcycle is written off, a claim can be made in respect of the value of the motorcycle at the time of the accident. We can arrange for an independent engineer to inspect your motorcycle to assist with the valuation figure.
You can also claim for the storage and towage charges but please ensure you move your motorcycle to free storage as soon as you can or arrange for someone to have it moved for you.
You are entitled to claim for the replacement cost of your helmet if your helmet has been damaged.
You are also entitled to make a claim in respect of your protective motorcycle gear. Even compromised stitching can render your motorcycle leathers unsuitable for further use.

PERSONAL INJURY

You can claim for the personal injury you have suffered as a direct consequence of the accident.
Unfortunately, as a motorcyclist, you are exposed to the risk of serious injury and, if you have been injured, it may take some time for your injuries to heal. The value of your claim for personal injury very much depends upon the type of injury sustained and the recovery you have made or are likely to make. We can arrange to have you medically examined by a specialist medical expert, who will be able to assess the extent of your injuries and the likely recovery period. In serious injury cases, you can also claim for care needs, future care needs and requirements, as well as alternative or specially adapted accommodation.

EXPENSES

You can claim for any reasonable medical expenses such as private physiotherapy. You can also claim for care needs and accommodation needs and requirements.

It is important that you keep a list of all expenses and losses incurred following upon your accident.

MAXIMUM FINANCIAL RECOVERY IN THE SHORTEST POSSIBLE TIME

We will discuss your case with you in detail and will explain what a recognised loss is and what you can claim for. We recognise that injuries will vary in severity and we have provided a helpful guide in our Injuries section.

 Our priority is to obtain the maximum financial recovery in the shortest possible time. We will not compromise your claim by early settlement and will be guided by the medical experts in respect of your recovery or likely recovery period before we value your claim. This process will be undertaken in consultation with you to give you a clear understanding of how our lawyers assess the value of a claim for compensation.

THE TIMESCALES

At Motorcycle Law Scotland, we will deal with your claim efficiently and effectively and in the shortest possible time without risking the success of your case or the value of your claim.

We will provide you with realistic timescales at the outset. If you have made a full recovery from your injuries, you can expect to have your case dealt with within six months. Where you have not made a full recovery, we will assess the value of your claim when we know the full extent of your injuries and any long term consequences.

Once the claim has been submitted to your opponent’s insurance company, they have 12 weeks in which to concede or deny liability. During that period, we will fully prepare your case.

If the case has to be raised in court, we will provide you with a realistic timescale regarding the court case and will keep you updated on the progress of your claim. We will be only too happy to explain any of the legal aspects of your case.

You may be looking at our site and thinking you haven’t heard from your own Lawyer regarding your motorcycle accident claim. It is important for any Lawyer to set out expectations at the beginning of a case. There may be times when you feel “nothing is happening" but if your Lawyer is waiting on a medical report, little progress can be made until that report is available. You should, however, receive regular updates from your Lawyer. Your Lawyer may have been “appointed" by your insurance company and you may feel there is no real interest in your case or in you as a client. This is exactly what Patrick Brogan experienced. If that is the case, discuss your claim with your Lawyer, but if you remain dissatisfied, please feel free to call Motorcycle Law Scotland for an initial no-obligation telephone conference or meeting.

The Legal Process can take some time but at Motorcycle Law Scotland we set out the timescales clearly and communicate effectively. We care about our clients. We are not a “panel" solicitor appointed by Insurance companies. We are here for you, where you need us and when you need us.

NO FINANCIAL RISK

Our experienced motorcycling solicitors will assess your case and will advise on the prospects of success. The advantage to you is that we will accept the risk. This means that we won’t ask you for any payment upfront. We will fund your case and, in the unlikely event you are unsuccessful, you walk away with nothing to pay.

If we cannot get agreement from the Insurer to settle your case, it may be necessary to raise proceedings in Court. So long as you have at least a 50% prospect of success, we will support your case with a funding package. Even if we lose the Court action, you will not have to pay a penny.

Our track record in winning cases is strong and experience counts. On successful conclusion of a case, we will usually recover outlays from the losing side and unlike many claims companies, we won’t deduct a percentage from your claim.

We may charge a fee depending upon our assessment of risk and any agreement we have with you. We guarantee that on success you will always receive at least 85% of your damages and 100% of the damage to your bike and kit.

We offer access to justice at no financial risk by offering a clear 'no win no fee' service.

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