Motorbike Accident
Claims FAQs

Yes, it is likely that a claim for compensation can be made, even if it was the negligence of an untraced road user that led to the diesel spill or oil spill being on the road.

NewLaw has helped hundreds of people claim for accidents and injuries caused by diesel spills. We have a specialist team of motorcycle law specialists that can help you with your claim for compensation.

Our specialist motorcycle solicitors treat each case on its individual merits. We will:

• establish facts;
• determine exactly what happened;
• identify any witnesses;
• fight for your claim.

When a biker is involved in an accident due to filtering, the other party will often suggest that the motorcyclist is to blame, as he was going too fast when filtering and not having proper regard for other vehicles.

The other party’s insurance company will usually suggest, that most of the blame should rest with the motorcyclist and rely on old case law to support their argument. However we have successfully argued in many cases that this case law should not apply, and a more favourable outcome to the motorcyclist has usually been reached.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.

We will ensure that your bike is repaired or, if it has been written off, that it is replaced as quickly as possible. Some insurers will contact you directly but we strongly recommend that you do not accept any offer from an insurance company before your injuries have been properly assessed.

If you have suffered a very serious injury, claiming for compensation with the right professional legal experts can give you access to the best rehabilitation providers. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert services including:

• brain injury case management;
• occupational therapy;
• support workers;
• accommodation experts;
• transportation specialists;
• Court of Protection advice.