The standard time limit for filing a motorcycle accident compensation claim is three years from the date of the accident. This only means that the legal proceedings must begin within three years, not that they need to conclude within that time period. The time limit may not begin from the date of the accident, but from the date that you discovered you had been injured.

There are also limited exceptions to this rule:

• If the injured person was under 18 at the time of the accident, the three-year period starts from their 18th birthday. This gives them until their 21st birthday to initiate a claim. Their parents may be able to start a claim on their behalf while they're still under 18.
• If the individual lacks the mental capacity to make decisions, the three-year limit is paused until they regain capacity. During this time, a litigation friend may act on their behalf to start the claim process. This means that there may be no time limit in these cases.
• If a person who was injured in a motorcycle accident dies from their injuries, a three year period begins from the date of their death in which close family members or financial dependents may be entitled to claim compensation for their loss.

Missing the limitation window may mean losing your right to make a motorbike injury claim altogether. Speak to a motorcycle accident lawyer at your earliest opportunity if you've been injured to make sure you have the opportunity to claim within the legal timelines.

The duration of a motorcycle accident compensation claim varies based on factors including the complexity of the case, the severity of injuries, and the cooperation of involved parties. Some motorcycle accident compensation claims can be resolved in a matter of months, but others may take a year or longer. 

A fast resolution relies on a clear admission of liability from the party responsible for the accident, or their insurance company. Once we send a letter of claim to the party we believe was responsible, they will have a few months in which to respond. If they accept liability, the process can move directly to a negotiation over the amount of compensation you should receive, and skip the court process entirely. Negotiations can still take a long time, but this process is typically much faster.

If the other party denies or contests liability, the case will usually go to court. This can be subject to delays based on the time it takes to collect evidence, or negotiate a fair settlement. It can also take a long time to secure a court date. In the most complex cases, a road traffic accident personal injury claim can take several years to conclude.

This is one reason why it's vital to work with an experienced motorcycle accident solicitor. A thorough knowledge of how these proceedings work can help to build the strongest possible case for your compensation. A motorcycle accident lawyer from Switalskis can also help to claim interim payments. This means that you will receive part of your compensation early, before negotiations over how much compensation you'll get are concluded. This can make a big difference in your recovery, by helping you to afford the highest quality care and any other things you need.

We'll always be realistic and use our track record of success in these cases to accurately estimate how long your claim is likely to take. With the specialist motorcycle accident lawyers from Switalskis, you'll always know what stage your motorcycle accident claim has reached, and what the next steps will be. At the same time, we won't settle your claim early unless we can get the maximum compensation that you're entitled to, and will remain committed to your cause no matter how long the process takes.

You can usually still claim compensation if you were partly at fault for a motorcycle accident. In legal terms, partial responsibility is known as 'contributory negligence' and it means that, while you can still make a motorcycle accident claim, you may receive less compensation. In cases of contributory negligence, the compensation awarded may be reduced in proportion to your degree of fault in the accident. For example, if you were found to be 25% responsible for the incident, your compensation would be reduced by 25%.

The solicitors, courts or insurance companies involved will assess each party's contribution to the accident to determine liability percentages. A motorcycle accident lawyer from Switalskis can help you argue your case. By gathering evidence that minimises the assigned percentage of fault, we can maximise the compensation available to you.

Motorcycle accident claims are often still possible in cases where the person responsible for your motorbike accident was not insured, or if you don't know who caused the accident. Compensation claims in these cases are made through the Motor Insurers' Bureau (MIB). The MIB was established specifically to compensate victims of road traffic accidents involving uninsured or untraced (hit-and-run) drivers. It's funded by contributions from UK motor insurance providers. The process of making road traffic accident claims is different through the MIB than through the court, but an experienced lawyer can help you.

To support your ability to claim, you should report the accident to the police and to your insurance provider. You should also gather any evidence about the accident and the circumstances. For example, while it may seem obvious to seek medical treatment for serious injuries sustained in the accident, you should also see a doctor if you have no visible injuries. A motorbike accident can lead to underlying injuries that will not be apparent until later, but which can be found and treated by a doctor. Any police reports or medical records will be key evidence that the MIB will examine when it investigates.

While you can file the claim yourself on the MIB's website, this is not advisable. Our solicitors are experienced in MIB claims and we can guide you through the process. By helping you to gather necessary evidence, and advocating on your behalf to secure fair compensation, we can give you the best chance of success. Upon concluding its investigation, the MIB will determine the compensation amount based on the specifics of your case. As such, it is vital to prepare the best possible claim before you submit it.

You can sometimes make a motorcycle accident claim on behalf of someone else if they are unable to do so themselves. This depends on your relationship to the person, and their overall eligibility to make a motorcycle injury claim. Our motorcycle accident claims solicitors can advise you on whether or not a loved one is owed compensation, and whether or not you can represent them.

It is typically possible to start the motorcycle accident claims process on behalf of someone else if the injured person:

• Is under 18 years old: a responsible adult, usually a parent or guardian, can act as a 'litigation friend' to make a claim on behalf of a child.
• Lacks mental capacity: if the injured person cannot manage their own affairs due to a lack of mental capacity (for example, following a serious brain injury), a litigation friend can make the claim on their behalf. People who can act as a litigation friend in this context include parents, guardians and close family members, or professional representatives. To act as a litigation friend, you must formally apply to the court. The court will make an assessment as to whether you are suitable to act in this capacity and has the power to appoint an independent person to this role.
• Died due to the accident: if the accident results in death, the deceased person's family, financial dependants or personal representative (such as the executor of their estate) may be able to make a claim.

Speak to a motorcycle accident lawyer from Switalskis for advice on whether or not you're eligible to claim on someone else's behalf, and for guidance on managing the process legally to give the claim the best chance of success.

Strong evidence is the foundation of a motorcycle accident claim, and you may need lots of different types of evidence to prove not only that you're owed compensation, but to determine how much. Our motorbike accident solicitors can help you in gathering evidence and building your case, but there are important steps you can take to maximise your chances of success.

The following types of evidence are generally used to prove a medical negligence case:

• Medical records and reports: documentation of your injuries is vital. This includes initial medical records from any emergency treatment, doctor’s assessments, hospital records, and any subsequent treatment or therapy notes. We may also ask an independent medical expert to provide a medical report that assesses the long-term impact of your injuries.
• Accident scene evidence: photographs or videos from the accident scene may be needed to provide visual proof of the road conditions, weather and other factors that contributed to the incident. This evidence can also affect how much compensation you're owed. Photographs of damage to your motorcycle, and any visible injuries sustained in the accident, can support these calculations.
• Witness statements: eyewitness accounts from people who saw the accident can strengthen your case, especially if liability is disputed. If you can, collect contact details from any witnesses at the scene so that statements can be taken later if you need them. In complex cases, expert witnesses (such as accident reconstruction specialists) may be brought in to provide insights on how the accident occurred, and help to establish liability if it is in dispute.
• Police reports: the accident should be reported to the police, as a police report can be a valuable piece of evidence. It typically contains details about how the accident occurred, any immediate findings on fault, and other observations, such as weather and road conditions.
• Dashcam or CCTV footage: if any video footage from a dashcam or nearby CCTV cameras is available, it can show how the accident unfolded and back up your version of events. This can be particularly useful in cases where the events leading up to the accident are disputed.
• Financial documentation: evidence of any financial losses resulting from the accident will make sure you're fairly compensated. This includes receipts or records of medical expenses, travel costs for treatment, and the price of repairing or replacing damaged property. If you were unable to work due to injuries from the accident, documentation of lost earnings or impact on future income may also be required to secure the maximum compensation.

Collecting as much evidence as you can before starting your claim can give you the best chance of successfully claiming the compensation you're owed. Motorcycle accident claims can be complex, but with a strong bank of evidence and an experienced solicitor by your side, you can continue working towards a positive outcome.