If you or a family member has been injured due to, in some part, someone else’s negligent driving, it is imperative that you seek the advice of an expert injury lawyer and lodge a motorbike accident claim. The benefits and overall compensation owed to you can vary, depending on the location of the accident as well as the circumstances that resulted in your injury.
Motorbike riders are generally the most at risk on Australian roads. If you are unfortunate enough to be involved in an accident with another vehicle, the likelihood of you being physically injured tends to be much higher. On a motorbike, injuries sustained in even a smaller collision can be devastating.
Whilst the majority of motorbike riders are licensed and ride carefully, observe all road rules and wear the necessary protective gear, they are sometimes not visible on the road. This can result in a high level of injuries and even fatalities. Injuries sustained during motorbike accidents tend to make up the most claims for road injury compensation.
You may not be sure if you require a lawyer for your specific case. It is recommended to seek a lawyer if:
- You require appropriate compensation for injuries incurred
- You have injured your neck, shoulders, back, knees, arms, or broken any bones
- You have taken time off work and are unsure of what lump sum is owed to you
What Steps Should I Take After A Motorcycle Accident?
If you are involved in a motorbike accident and are still able to move and function thereafter, there are several important steps to take in order to ensure your motorbike accident claim will be successful. If the accident is more serious and you are unable to do it yourself, it is up your next of kin to ensure these steps are taken on your behalf.
Examine Your Health And Overall Safety
The first priority immediately after the motorbike accident has occurred is to ensure all involved parties are ok. It is crucial to contact a medical professional to examine the injured parties in order to document any injuries or irregularities caused by the accident.
It is important to request and keep all medical records and certificates from the medical professional, as they will be vital to your motorbike accident claim.
Gather The Details Of The Other People Involved
If the driver is still on the scene, it is crucial you take down as much detail about them and their vehicle as possible, including name, vehicle registration and insurance details.
It is also recommended to take pictures of the vehicle as well as anything else that could be deemed evidence. If it was a hit and run situation, it is important to notify the police immediately and have them come to the location of the accident.
Report The Accident To The Police
The second step is to report the accident to the police as soon as possible, ensuring you receive a case or reference number from the officer in charge. By opening a case with the police and creating a police record, you are ensuring the details of the accident are properly documented. This will provide you with further evidence when making your claim and will make the entire process easier for you.
If for some reason, you are unable to report the accident immediately and decide to report it after 28 days of the accident, you will be expected to detail the reasons for your late notification and this may lessen your chances of submitting a successful motorbike accident claim
Lodge A Motorbike Accident Notification Claim
This should be done through the insurance company of the negligent party within four weeks of the accident. This claim can offer you up to $5,000 for costs incurred within the 6 months after the accident took place.
Submit A Personal Injury Compensation Claim
If the injuries sustained were more serious, you should lodge a personal injury compensation claim through the insurance of the negligent driver. Again, this should be done within 6 months of the accident.
This will provide you with an additional cover, not covered in the $5,000 mentioned above, such as medical bills or compensation for long-term or permanent damage.
What Information Will I Require To Lodge A Motorbike Accident Claim?
When submitting a personal injury claim, you will need to provide the following details:
- Details of the accident
- Extent of injuries sustained
- Out-of-pocket money spent as a result of your accident including medical bills or loss or earnings if you have not been able to work
By selecting a reputable and experienced personal injury lawyer, you will be guaranteed that all this information, as well as any supporting evidence, will be gathered on your behalf, before submitting the claim.
What Compensation Can I Expect?
Compensation received will depend on where the accident occurred as well as the city that the vehicles are registered in.
You will generally be able to claim for the following:
- Hospital and medical fees
- Nursing and/or disability support or rehabilitation
- Post-acute support
- Funeral costs or other expenses if there is a fatality
In certain cases, you may also be able to claim for the following:
- Loss of income
- Loss of amenity
- Home and vehicle repairs or modification
- Travel for medical appointments
- Legal costs related to your claim
How Long Will My Motorbike Accident Claim Take?
Within the Compulsory Third Party (CTP) insurance process, motorbike accident claims can take anything from 1 – 3 years depending on the insurer of the negligent party and whether they accept liability.
That being said, every case differs and it is up to your lawyer to ensure you are kept up to speed on the progress of your case and how long it may take before you receive compensation.
At Motorlegal we are committed to ensuring your claim process is as smooth and hassle-free as possible. With our extensive experience in this industry, we can guarantee that you will be provided most professional legal support and guidance, from start to finish.