If you’ve been injured in a hit and run motorcycle accident, you may be wondering if you’re eligible to make a claim for personal injury compensation. This article takes you through when you could be eligible to make a road traffic accident claim after being involved in an accident with an untraceable driver.
Can You Claim For A Hit And Run Motorcycle Accident?
We’ve also included information on how you can support a hit and run motorcycle accident claim with evidence, and how compensation is calculated for your injuries. Later, we discuss how a No Win No Fee solicitor from our panel could assist you with your claim and the terms under which they offer their helpful services.
If you have any questions regarding your potential road traffic accident claim, you can get in touch with our advisors at any time. It’s free to contact us, so why not get in touch about making a claim online.
Browse Our Guide
- Can You Claim For A Hit And Run Motorcycle Accident?
- How Do You Claim For A Hit And Run Motorcycle Accident?
- Calculating Hit And Run Accident Compensation
- Evidence That Could Help You Claim For A Hit And Run Motorcycle Accident
- Claim For A Road Traffic Accident On A No Win No Fee Basis
- Learn More About Motorbike Accident Claims
Can You Claim For A Hit And Run Motorcycle Accident?
All road users owe one another a duty of care. This duty means they have a responsibility to use the road with due care and diligence to prevent others from being injured or causing others damage. They must follow both The Road Traffic Act 1988 as well as The Highway Code in order to adhere to their duty of care.
A failure to do so by a driver could lead to you being injured in a motorcycle accident. As per Section 170 of the Road Traffic Act 1988, drivers must stop if personal injury or damage is caused. If they don’t, this would be classed as a hit and run accident.
In order to make a personal injury claim for a hit and run motorcycle accident, you must show:
- A duty of care was owed to you by another road user.
- This duty was breached.
- You experienced harm as a result.
If the driver who hit you does flee the scene, it’s still possible to make a claim for a road traffic accident through the Motor Insurers’ Bureau (MIB). Read on to learn more, or contact our team using the number above.
How Do You Claim For A Hit And Run Motorcycle Accident?
Usually, a motorcycle accident claim would be made against the insurance provider of the motorist responsible for causing your injuries. With a hit and run motorcycle accident, this may not be possible. This is why the MIB exists. The MIB helps those involved in road accidents seek compensation where normal routes to do so are not available, such as when the driver is untraceable or uninsured. However, you must still be able to show you meet the criteria listed above.
Despite a hit and run motorcycle accident being made through the MIB, you can still do so with the assistance of a solicitor. The process can be made easier with an expert solicitor’s help. One of the knowledgeable solicitors from our panel could assist you if you have a valid claim and could help you understand each stage of the claim as it moves forward. Get in touch today to find out if you’re eligible to claim and would like help when doing so.
Calculating Hit And Run Accident Compensation
Compensation for motorbike accident claims are calculated on a case-by-case basis. As a result, each claim is worth a unique amount. Generally, though, the settlement awarded in successful claims can be comprised of up to two heads of loss. They’re known as general damages and special damages.
General damages are for the pain and suffering caused by your injuries. Those responsible for making the necessary calculations for how much your general damages payment should be worth tend to consult various resources to assist them. One of these resources is a publication called the Judicial College Guidelines (JCG), which was last updated in 2022.
The figures in the JCG are based on past successful court cases. We’ve provided some examples from the JCG in the table below. The value of your own road traffic accident claim will differ depending on your circumstances. Additionally, the top entry in the table is not from the JCG. So, please use the figures only as a rough guide.
| Injury | Severity | Compensation Bracket - Guidelines | Notes |
|---|---|---|---|
| Multiple serious injuries with financial losses | Serious | Up to £1,000,000+ | Compensation for several serious injuries and the financial losses incurred as a result, such as care costs and lost income. |
| Brain damage | (a) Very severe | £282,010 to £403,990 | The claimant will show little meaningful evidence of them being aware of their environment, poor language function and double incontinence. They will need full-time care. |
| (b) Moderately severe | £219,070 to £282,010 | There will be a need for constant professional care due to substantial dependence caused by serious disability. | |
| (c) Moderate (i) | £150,110 to £219,070 | There will be a change in personality and a moderate to severe deficit of intellect with a significant risk of epilepsy and no employment prospects. | |
| Paralysis | (a) Tetraplegia | £324,600 too £403,990 | Upper and lower body paralysis. Factors such as pain and level of awareness are accounted for when determining the award. |
| (b) Paraplegia | £219,070 to £284,260 | Lower body paralysis. Considerations given when determining the award include the impact on the person's mental health, life expectancy, and sexual function. | |
| Arm Amputation | (a) Loss of both arms | £240,790 to £300,000 | The person is reduced to a state of considerable helplessness. |
| (b) Loss of one arm (i) | Not less than £137,160 | The amputation of one arm at the shoulder. | |
| (b) Loss of one arm (ii) | £109,650 to £130,930 | The arm is amputated below the elbow. | |
| Other Arm Injuries | (a) Severe | £96,160 to £130,930 | A serious brachial plexus injury that means the person isn't much better off than if the arm had been amputated instead. |
Claiming Special Damages After A Hit And Run Motorcycle Accident
You may also be entitled to receive a settlement comprising special damages as well. This is when you could be reimbursed for the financial impact of your injuries. We’ve provided some examples below:
- Loss of earnings
- Medical expenses
- The cost of adaptations to your home
- Travel costs
Make sure to hold onto receipts, payslips, and other forms of evidence to prove your monetary losses. Get in touch with our advisors today for a full valuation of your claim.
Evidence That Could Help You Claim For A Hit And Run Motorcycle Accident
When making a hit and run motorcycle accident claim, you need to have evidence. This evidence can then help support your claim. We have provided a few examples of proof it can be helpful to acquire in the list below:
- Dashcam footage.
- Photographs of the accident and injuries.
- Witness contact details, so a statement can be taken later on.
- Medical evidence. This can include your medical records, such as a hospital discharge letter.
There are other ways you can support a hit and run motorcycle accident claim with evidence. Get in touch today if you need more information on how to prove a personal injury sustained in a road traffic accident.
Claim For A Road Traffic Accident On A No Win No Fee Basis
There are various types of No Win No Fee agreements. The solicitors on our panel work with eligible claimants under one called a Conditional Fee Agreement (CFA). Having a CFA in place means you are not required to pay your solicitor anything upfront for their services.
You pay your solicitor if your claim succeeds. This is achieved by your solicitor taking a legally capped percentage of your compensation. This is called a success fee. It is not taken if your claim does not succeed.
So, if you would like to work with one of the No Win No Fee solicitors from our panel, get in touch with our team today. To do so, you can talk to us about making a claim online.
Learn More About Motorbike Accident Claims
More personal injury claims guides from us:
- This is another of our articles on how to make a claim for a motorbike accident injury.
- Read about bike and cycle accident personal injury claims.
- Discover who can make a fatal motorcycle accident claim.
Information from other sources:
- Information from the NHS on when to call 999.
- Information about claiming compensation for victims of uninsured or hit and run drivers from GOV.UK.
- Guidance from GOV.UK on statutory sick pay.
Thank you for reading our guide on claiming compensation for a hit and run motorcycle accident. If you have any other questions, call our team on the number above.