How much motorcycle accident compensation will I get?
Written by Jayne Orme, Associate & Personal Injury Solicitor and Annmarie Miller, Trainee Solicitor.
In this article we’ll cover some of the most common motorcycle accident claim types and the associated compensation amounts.
When making a claim for motorcycle accident compensation, it’s important to remember that every serious injury case is different from the next, and so the amount each claimant receives in compensation will differ.
Motorcycle Accident Compensation
Regardless of your individual case and circumstances, you can expect your motorcycle accident compensation to be based on the same claim factors. These serious injury claim factors usually include:
- Loss of earning potential from work
- Rehabilitation services to regain a quality of life
- General damages (pain and suffering compensation)
- Use of walking aids / mobility equipment (in some cases)
- Adaptations to your home (in some cases)
The way motorcycle accident compensation is calculated can be complex, so we’d always advise that you seek professional advice from a solicitor if you’d like a more accurate idea of how much you’re likely to receive, and how we can support you in securing a settlement that will help you rebuild a good quality of life.
Types of motorbike injuries and compensation amounts:
Compensation for your injuries will be based on Judicial College Guidelines and case law. Within the Judicial College Guidelines, each category of injury has specific guidance and a bracket for the level of compensation that is recommended. The amounts below only cover the general damages (pain and suffering) element of your compensation award, and because these are guidelines only, compensation amounts can fall below or above these amounts.
In the most severe types of cases where a Claimant is in a permanently vegetated state or is unable to follow basic commands or produce any meaningful responses, the compensation award can be between £282,010 to £403,990 based on the guidelines.
In cases where concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy, and any dependence on others is very limited. There may nonetheless be vestibular symptoms and an effect on senses – the bracket for compensation is between £43,060 to £90,720.
Soft tissue injuries/whiplash:
Where a full recovery takes place between three months and a year, you can expect to receive somewhere in the region of between £2,450 to £4,350. If a full recovery is made within three months, we expect you would receive up to £2,450.
Fracture to the clavicle
The compensation bracket for a fracture to the clavicle is £5,150 to £12,240. The level of award will depend on the extent of the injury and whether there are any permanent residual injuries.
For less significant scarring, we would expect you to receive between £3,950 to £13,740 based on the judicial college guidelines.
However, scarring is subjective, and the value will depend on whether it is permanent and where it is on the body. Permanent scarring in an area that is hard to conceal such as the lower arms, face, and lower leg attract a higher reward.
Despite the guidelines, based on case law, non-permanent, scarring that is easily concealable may only bring an award of a couple of hundred pounds.
Cases involving one single scar (not hyperpigmented or keloid) that can be hidden or camouflaged, and do not represent any significant cosmetic damage, are likely to attract an award at the lowest end of the bracket which is outlined below:
Trivial Scarring: £1,710 to £3,530
As with above, it is subjective and often compensation can be less than the recommended bracket.
For injuries where there is a complete recovery within seven days, you are likely to recover a few hundred pounds; up to £690.
If there is a complete recovery within 28 days, you are likely to receive £690 to £1,370.
For injuries where there is a complete recovery within three months, you are likely to recover £1,370 to £2,450.
Less Severe: £1,540 to £5,860
This level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected.
In these cases, the injured person will have largely recovered, and any continuing effects will not be grossly disabling.
In case where a Claimant has been diagnosed with PTSD and made a full recovery within 1-2 years with only minor symptoms persisting, the award will usually be between £3,950-£8,180.
I have multiple injuries, how will this be taken into consideration?
Consideration will be given to the overlap of injuries. The amount of compensation may be adjusted down to account for the fact that there is an overlap of pain and suffering for the multiple injuries.
Can I claim compensation for my damaged motorbike and clothing?
Yes, your claim will consider any financial losses, including damage to your motorbike and clothing. The amount of compensation you can claim will usually depend on the age of the item. Evidence, such as photographs of the damaged clothing and the original invoice or a like-for-like quote will need to be provided.
Motorcycle Accident Solicitors
At Fletchers Group, we handle around 1 in 6 motorcycle accidents in the UK – making us the largest specialist provider in the country. We’re passionate about representing vulnerable road users, working with the very best barristers and medical experts to support your claim and get you on the road to recovery as soon as possible.
If you or a loved one has suffered a serious injury in a motorcycle accident, contact our specialist solicitors on 0330 013 0252 or contact us online for free, no-obligation advice.