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.
HEADS OF CLAIM
SECONDARY VICTIM CLAIMS
NO FINANCIAL RISK
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.
HEADS OF CLAIM - WHAT YOU CAN CLAIM FOR
Solatium - Damages for pain, suffering and loss of amenity
If you have suffered an injury, you can claim compensation for pain and suffering which in Scotland is known as solatium. The amount you can claim will be determined by the severity of the injury, the duration of the pain and suffering and the prognosis.
Awards are determined by reference to Case Law and with reference to the Judicial College Guidelines for the assessment of general damages in personal injury cases.
The starting point for the assessment of damages is a medical report/reports to cover all aspects of the injury. For example, this could include a report from a Consultant Orthopaedic Surgeon in respect of physical injuries and a Consultant Psychiatrist/Psychologist in respect of psychological trauma. In cases where multiple injuries have been sustained, reports may be required from a large number of medical experts.
Financial Losses Caused as a Result of Your Injury
If you’ve suffered an injury as a result of your motorcycle crash, there may be consequential losses for you which can be summarised below:
Loss of Earnings
You may have been absent from work as a result of the injuries sustained and if your pay was reduced, then you will be able to claim for any shortfall. There are occasions when your employer will pay you in full, but under the terms of a contract, you will be obliged to refund the employer.
Future Loss of Income
If your injuries are so severe that you’re unable to return to employment, then you will have a claim for the future loss of income. Future loss of income is assessed dependent upon life tables and net annual income.
You will be entitled to claim for medical expenses that are considered reasonable. For example, this would include physiotherapy or psychological therapy obtained privately, or the cost of private surgery when this is necessary to reduce delay in treatment via the NHS such as during the pandemic.
You are entitled to make a claim for all medical expenses for your injuries. For example, over the counter painkillers or dressings for wounds. Try to keep a note of their cost with, if possible, till receipts.
You can claim for your travelling expenses to and from medical appointments and for attending medical examinations at the request of the other side.
Aids and Equipment
You may have to purchase certain items of equipment to help with your recovery such as neck or back supports. These can be claimed back.
If you need household help as a result of your injuries, you may be able to claim for this on behalf of your relative provided it is reasonable. Help may include gardening, DIY etc. Likewise, if you are unable to provide services you would normally undertake for a relative, then a claim can be made for that too.
Helmet and motorcycle clothing
If your helmet and motorcycle clothing are damaged as a result of the incident, you should supply details of the individual items, their approximate value, the date they were purchased and the purchase price. Any purchase receipts you may have retained should also be supplied. You are entitled to the full cost of a replacement helmet on a like for like basis.
You may be prevented from going on holiday or a holiday may be spoiled because of your injuries. If the cancellation of a holiday involves financial loss, then we can claim for this as well as a notional sum for a spoiled holiday.
Hobbies and pastimes
You may be prevented from pursuing certain activities because of your injuries, for example, sports. If membership fees for clubs have been wasted as a result, you should supply details of the relevant fees and documentary evidence and support.
Motorcycle repair and storage charges
Your entitlement to recover costs may depend upon whether or not you have comprehensive or third-party cover.
If your motorcycle was comprehensively insured, then your own insurers should pay for the repairs to your motorcycle. However, if you have paid an excess for the repair, then you will be able to claim this back.
Third party cover
If your motorcycle was not insured comprehensively, then we will instruct an independent engineer to assess the motorcycle and you can claim for the repair costs or the pre-accident value, if the vehicle is deemed a write off.
If you can't ride your motorcycle because of the damage as a result of the crash, your motorcycle may be removed from the crash scene to a place of storage. It is important that your motorcycle is removed from storage as soon as possible (mitigation of loss). If you can store it in your own garage or at another place of free storage, then you should do so.
If you hire a motorcycle, you should only do so if you can show you need to and that the type of motorcycle hired is reasonable. You may not be able to recover some of your hire costs if you could reasonably have ended the hire period sooner.
Loss of Use
In addition to the actual expenses incurred, you can claim compensation for the inconvenience of being without your motorcycle. You cannot claim for hire and loss of use and you cannot claim for loss of use plus additional travel costs as that would amount to duplication of loss.
WARNING – MOST INSURERS OUTSOURCE ENGINEER INSPECTION, REPAIR, STORAGE AND HIRE MATTERS TO MANAGEMENT COMPANIES SUCH AS FORTH DIMENSION AND PLANTEC.
DO NOT SIGN ANY AGREEMENT FOR CREDIT STORAGE, CREDIT HIRE OR ANY MATTER WITHOUT SEEKING LEGAL ADVICE FIRST. NEVER ALLOW AN INSURER OR MANAGEMENT COMPANY TO APPOINT A PANEL SOLICITOR.
SECONDARY VICTIM CLAIMS
If you've witnessed a traumatic accident, or near-miss accident, of a loved one and have had to seek medical advice on your mental health following the accident, then we may be able to help you.
The leading case on Secondary Victims Claims is called Alcock v Chief Constable of South Yorkshire Police.
Based on that case and subsequent cases, in order to recover damages as a secondary victim, it must be established that the secondary victim had:-
A close tie of love and affection with the primary victim.
Witnessed the event or immediate aftermath of the event.
Had a direct perception of the harm to the primary victim; and
Suffered a psychiatric injury due to witnesses the shocking event.
Motorcyclists often ride in groups with family and friends and witnessing a collision can have a lasting and traumatising impact. Cases for secondary victims are frequently contested, as all four elements of the criteria must be established.
How much is my claim worth?
As detailed above, one of the legal requirements is proving that you have you suffered a recognised psychological injury as a direct consequence of what you witnessed. Claims for psychiatric damage are categorised in the Judicial Studies Board Guidelines and take into account:
- The injured person’s ability to cope with life and work;
- The effect on the injured person’s relationships with family, friends and those with whom he or she comes into contact;
- The extent to which treatment would be successful;
- Future vulnerability;
- Whether medical help has been sought.
The relevant section of the guidelines which covers claims for psychiatric injuries has 4 brackets of compensation as follows:
- Less severe – usually where the duration of symptoms are less than 12 months and the extent to which the symptoms have affected someone’s daily activities and sleep is low level (£1,440.00 – £5,500.00);
- Moderate – usually where the symptoms have affected someone’s daily activities, life, work and relationships, but where the medical evidence shows that good progress towards a recovery will be made by the time of Trial. The extent to which treatment will assist in the recovery of symptoms together with someone’s future vulnerability to relapse, is also considered in this bracket. (£5,500.00 – £17,900.00);
- Moderately severe – usually where the symptoms amount to a disability affecting someone’s life in a permanent or long-standing way preventing a return to comparable employment. (£17,900.00 – £51,460.00);
- Severe – the most extreme of cases, where the outlook for someone’s recovery is extremely poor (£51,460.00 – £108,620.00).
Although every claim is different, most cases of this nature fall within either the moderate or moderately severe categories.
The Court also takes into account similar cases that have been to a Proof in order to determine where, within the above brackets of compensation, a particular case may fall.
Why use Motorcycle Law Scotland to help with my Secondary Victim claim?
Claims for psychiatric injury is a very complex area of law and here at Motorcycle Law Scotland, we have a dedicated and specialised team available to help.
We are here to help and will carry out a free assessment with no obligation to take forward a claim.
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.