Motorcycle Accident Lawyer

Overview

What happens after a motorcycle accident?

A motorcycle accident can be extremely scary and jarring for the rider. Getting injured in such a calamity is difficult to predict no matter how careful you are on your bike.

In a motorbike accident, your injuries are all dependent on your speed and the speed of the person or vehicle you collided with. If you were driving at a slower speed and wearing the right equipment, such as a helmet and body protection, your injuries may be minor. However, at a faster speed, injuries can be much worse and in some cases life-threatening.

No matter what the case may be, GMP Law’s personal injury solicitors can help you maximise your payout on a no-win, no-fee basis.

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Damages you can claim

After you’ve assessed the damages you should go to the hospital to check in on your physical health. A medical professional will assess your physical state and give you a recommendation for medications, recovery and returning to work.

There are two types of damages you can claim following a motorcycle accident: economic and non-economic.

Economic damages include anything you must pay for out of pocket as a result of your motorbike accident, such as:

Medical bills.
Medications.
Rehabilitation.
Travel to and from appointments.

You may also be out of work for an extended period of time after the motor vehicle accident that your annual or sick leave will not cover. Or, you may not ever return to the same work again; this would qualify as economic loss as well.

Non-economic damages include things that you cannot show a receipt for, such as:

Fear of driving or riding on a motorcycle.
Anxiety.
Unexplained mood swings.
Loss of quality of life.

In the case of wrongful death, family members can claim compensation on the motorcycle accident victim’s behalf. Wrongful death claims give these loved ones the payout they need to cover all of the economic and non-economic losses they may be experiencing personally.

Who can make a claim?

Anyone who is hurt in a motorcycle accident can claim motorcycle accident injury compensation, including the person driving, a pedestrian, cyclist or passenger. However, in some states, you cannot claim if you are wholly at fault or committed a serious driving offence that caused the accident.

If you are incapacitated in the hospital after the accident, a family member or a friend can file a claim on your behalf.

To get the full benefits of a motorcycle accident case, it’s important to file on time. Generally, you have up to a month to claim from the date of the accident in New South Wales, but you have up to three years in Queensland after your injuries have been fully realised. In Victoria, you have up to 12 months from the date of your accident to make a claim.

Even if your injuries are not fully realised yet, you should file your claim right away so that you stay within the statute of limitations. You should call your insurance company to file a claim for motorcycle accident compensation as soon as possible — if not at the scene of the crash. Keep in mind, you can always make another claim if your injuries worsen.

Process

How to file a motorcycle accident claim

Filing a motorcycle accident claim involves a few important steps to ensure that you get the compensation you need:

Call the police and get a claims number.
Exchange information with the other party involved.
Take pictures of the scene.
Document the time and place of the accident.
Go to a medical facility for an evaluation.
Call your insurer and give them all of the information you have gathered (including the doctor’s recommendation).
Advise your workplace or school that you have been involved in an accident.
Seek legal advice.

Even if you get compensation, an experienced motorcycle accident lawyer can help you increase your payout by gathering more evidence and working with insurers.

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.

Factors that could affect your payout

Not all injuries are the same, nor are the accidents that cause them. In this case, your compensation will vary depending on several factors.

Your level of injury is a major part of how much compensation you’ll need. For example, a catastrophic injury, like a brain injury, could result in maximum compensation. A severe injury means not only that you are severely hurt, but you likely can’t return to work, cannot enjoy the same activities and are reliant on assistance to carry out your day-to-day activities. This situation requires a significant level of coverage.

How much of the motorcycle collision you may be responsible for can also affect your payout. The insurers for both parties will assess the scene and decide whether you are at fault, partially at fault or not at fault. If you do not hold any of the responsibility for the accident, then you will likely receive full compensation for your damages.

How are pain and suffering calculated?

By definition, pain and suffering involve the physical and psychological hurt you’re experiencing as a result of an accident. You can only claim pain and suffering if your injuries are permanent in nature and have resulted in a loss of 10% or more of your physical capability.

It’s important to have a strong and reliable medical evaluation to support your claim of pain and suffering. This may include both a medical professional and a therapist’s diagnosis.

If you qualify for pain and suffering, you’ll likely receive compensation as a lump sum payment.

Free Resources

Our guide to Motor Vehicle Accident Claims

Download our guide to understand important time limits and processes that you need to follow to maximise your chances of success.

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GErard Malouf & Partners

Why choose us?

Gerard Malouf & Partner’s motorcycle accident lawyers are here to help you in your time of need. If you’ve been injured in an accident, our expert teams will gather the evidence you need to maximise your payment and recover more quickly.

GMP Law is THE leader in personal injury Australia wide and has won an excess of $4 billion in personal injury compensation for clients. We are the leading Australian motorcycle accident law firm and work hard to represent our clients on our no-win, no-fee basis. That means that, if we take on your case and don’t win, you don’t pay any legal fees.

Our legal fees are reasonable and our expertise is unmatched. Call +1 800 004 878 for a free case assessment. We pledge to work for the maximum achievable, even in difficult cases.

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Motorcycle Accident Lawyer

Overview