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An accident involving a motorbike can leave you seriously injured, and have possibly life-changing consequences, such as impacting your ability to work or perform everyday tasks without pain.
Motorbike accident compensation is designed to help pay any medical bills that may arise as a result of your injuries, as well as cover for lost wages and superannuation. A disputed claim can have serious financial consequences and prevent you from getting the care you need to return to life as usual.
If you or a loved one isn’t receiving the compensation you deserve, talk to the legal team at Gerard Malouf & Partners for an initial no obligation consultation.
Our solicitors and barristers are experts in motor accident compensation claims and work on a “no win, no fee” basis, meaning you can feel confident talking to us no matter your current financial situation.
That translates to billions of dollars for our clients.
There’s nothing like the thrill of traveling the open road by motorbike. However, motorbikes are uniquely dangerous compared to other forms of motor vehicles because of their exposed nature. According to Budget Direct, motorcyclists are 30 times more likely to be killed in a crash than a car passenger.
If you have been injured in a bicycle or motorcycle accident, you may be eligible for compensation. The amount of compensation an injured person may receive depends on the severity of the accident, as well as the specifics of how the accident occurred.
As with other compensation cases, the damages a victim is eligible for is typically based on:
In the immediate aftermath of your motorbike accident you should try your best to gather details about the incident and keep a thorough record of your medical treatment. To maximise your chance of a payout, a physician should review your injuries as soon as possible after the accident. A doctor’s report can go a long way toward a successful motorbike accident claim.
If another person was involved in the accident, you should get their contact and insurance information, as you may have to work with their insurer to get compensation. In situations where it is appropriate, you should notify the police of the accident as soon as possible. Information from the police report can be valuable for your claim down the road. In addition, failure to do so within 28 days of the accident will minimise your chance of a payout.
Once you have gathered all of the relevant information about your accident, it is time to submit a motorbike accident notification claim to either your insurance company or the insurer of the responsible driver. This claim will cover damages like the repair of your vehicle and typically total $5,000 or less. In addition to filing a motorbike accident notification claim, you should file compensation claims to receive payment for medical treatment and lost wages.
Both claims should ideally be filed within six months of the accident unless there are any circumstances that would prevent this from happening. In order to collect some forms of compensation, you may have to show that another person was either fully or partially responsible for the injury. In these situations, you will have to work with the insurer of the responsible party.
The severity of motorbike accident injuries, like other motor vehicle accidents, can vary widely, from minor scrapes and bruises, to broken bones, serious neck, back, spine and brain injuries and even paralysis or death. With any of these injuries, you can claim damages that cover the medical costs of the physical and psychological impact, as well as payment for lost wages and superannuation. If a person dies as a result of a motorbike accident, the estate can also claim damages that cover funeral costs.
In some cases, you may be eligible for payment from a compensation scheme that has been established for people suffering from a specific injury. For example, if you have a severe spinal cord injury, you may also be entitled to access to the Lifetime Care and Support Scheme (LCSS), which can cover your medical, and rehabilitation costs, as well as other expenses, regardless of whether you were at fault for the accident.
Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.
A knowledgeable motorbike injury lawyer can help you to navigate the complex ins and outs of the personal injury claim process and maximise the potential payout of a successful claim.
This may involve ensuring your claim is clear and provides enough supporting evidence to be accepted by an insurer as well as informing you of payout schemes that you may be eligible for. A motorbike injury lawyer can also review your case and help you understand the amount of compensation you may be eligible for.
If your claim is disputed by your insurance company, the insurer of the responsible party or another compensation scheme, a motorbike injury lawyer can also represent you through the review, mediation and litigation processes and help you to secure a payout. This includes gathering the evidence necessary to prove a policy should cover your injuries or that another involved party is responsible for compensation.
Gerard Malouf & Partners already has an established track record of getting people who have been injured in motor vehicle accidents justice.
In one case, we helped a motorcyclist get the compensation he deserved, despite the fact that the responsible party in the incident was not a person, but a kangaroo. The man was riding his motorcycle between Hungerford and Bourke in New South Wales when the animal leapt into the roadway about 20 metres in front of him, causing a serious accident.
Initially, the man was found to be liable for his own injuries because they were the result of “an involuntary act or omission.” This means that our client was responsible for any action, or lack of action, he took to avoid the kangaroo, such as swerving out of the way.
To get the man the compensation that he clearly had a right to, our legal team set out to reclassify the incident as a “blameless” accident (a kangaroo, after all, can’t be held liable). In order to do so, we established that there was no evidence that the motorcyclist had taken any action at all, as the kangaroo had jumped into the road close enough to his motorbike that he did not have time to respond. Ultimately, we were able to get the court to rule that a danger appearing within 20 metres of a driver did fit within the boundaries of “an involuntary act or omission,” and thus the accident was, in fact, blameless. The ruling not only helped our client, but established a precedent for other drivers who may encounter sudden threats like wildlife and fallen trees to access injury compensation.
At Gerard Malouf & Partners we recognise the challenges of fighting for compensation while also healing from a serious accident. We’re here to be your advocate, so you can focus on recovering and getting your quality of life back.
Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.
Meet some of the diverse and dynamic compensation lawyers that support our clients with their Motor Vehicle Accident claims.
Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.
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