Compensation Explained by a Motorcycle Accident Lawyer: What You Need to Know
Motorcycles make up only 5.7% of vehicles on the road, yet they are involved in 19% of all traffic accidents. If you’ve been injured in a motorcycle accident where you were not entirely at fault, our motorcycle accident lawyers are here to assist. We operate on a No Win, No Fee basis, ensuring that you receive the legal support needed to navigate the complexities of your claim and secure maximum compensation.
In this guide, we’ll explain:
- Your eligibility for compensation after a motorbike accident, including payout benefits.
- How to claim those benefits and maximise your payout.
- Why our experienced motorcycle accident lawyers are the best choice to handle your compensation claim.
Motorcycle Accident Compensation Claims in NSW
Motorcycle accident compensation is available to all motorbike riders and road users involved in motor vehicle accidents. No matter where your motorcycle injury occurred in NSW, our experienced motorcycle accident lawyers are here to help guide you through the claims process and secure the compensation you deserve.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
Who is Eligible to Make a Motorcycle Accident Claim?
Anyone who has been injured in a motorcycle accident may be entitled to claim compensation benefits. This includes riders, passengers, and other road users involved in the accident. Depending on the severity of your injuries, you may also be eligible for a payout to cover medical expenses, lost income, and other related costs.
In cases of catastrophic injury, such as severe physical trauma or long-term disability, you can make a claim for ongoing medical treatment, rehabilitation, and long-term support. Our motorcycle accident lawyers can help assess your eligibility and guide you through the process of claiming compensation.
Common Accident Types for Motorcycle Accident Compensation Claims
These occur when a vehicle fails to stop, runs a red light, or turns without yielding to an oncoming motorcycle, often resulting in severe injuries.
When a motorcycle is hit from behind by a distracted or tailgating driver, frequently due to the driver’s failure to notice the motorcyclist in time.
These happen when a vehicle changes lanes without properly signaling or checking blind spots, leading to collisions with motorcycles.
Among the most dangerous types of accidents, these occur when a vehicle crosses into the opposite lane and collides directly with an oncoming motorcycle.
A vehicle turns in front of an oncoming motorcycle without yielding, causing a collision.
Common Motorcycle Injuries After a Motorbike Accident
Motorcycle accidents can lead to a range of serious injuries, and the consequences can be life-changing. Due to the lack of physical protection, motorcyclists are particularly vulnerable to both minor and severe injuries. If you’ve been involved in a motorcycle accident, it’s crucial to understand the common injuries you may face and how an experienced motorcycle injuries lawyer can help you navigate the legal process.
One of the most common injuries sustained in a motorbike accident is broken bones. The impact of a crash can cause fractures in the arms, legs, ribs, or collarbones, which often require immediate medical treatment and a long recovery period. For severe fractures, surgery may be necessary. A motorcycle accident law firm can help you claim compensation for the medical expenses and lost income associated with these injuries.
Head injuries, including concussions and more serious brain trauma, are frequent in motorcycle accidents. Even if a rider is wearing a helmet, the force of impact can lead to significant head injuries. These injuries can affect cognitive function and result in long-term disability. If you’ve suffered a head injury or brain trauma, it’s important to speak with a motorcycle lawyer who can help you understand your rights and ensure you receive appropriate compensation.
Spinal injuries are among the most severe consequences of a motorcycle accident. A spinal cord injury can result in partial or complete paralysis, leaving the victim with a lifetime of care and rehabilitation needs. If you’ve experienced a spinal injury, a motorcycle injuries lawyer can help assess your case and fight for compensation to cover your long-term care and treatment costs.
Due to the nature of motorcycle accidents, road rash is a common injury, particularly in low-speed crashes or when a rider is thrown from their bike. The friction of the skin against the road can cause severe abrasions, often requiring extensive medical care. These injuries can also lead to permanent scarring, which can be compensated through a motorbike accident lawyer.
Motorcycle accidents can also cause internal injuries, such as damage to the organs or internal bleeding. These types of injuries may not always be immediately visible but can be life-threatening if not treated promptly. If you suffer internal injuries in a motorcycle accident, it’s essential to consult a motorcycle accident law firm for guidance on claiming compensation for medical bills and any ongoing treatment required.
Soft tissue injuries, such as sprains, strains, and ligament damage, are also common after a motorcycle crash. While these injuries may not seem as severe, they can still result in significant pain and a lengthy recovery process. With the right legal assistance from a motorcycle injuries lawyer, you can ensure that your soft tissue injuries are properly considered in your compensation claim.
What Compensation Am I Entitled to After a Motorcycle Accident?
Medical expenses
Reasonable and necessary medical expenses as a result of the motorcycle accident
Income support payments
Weekly payments to cover your economic loss due to the motorcycle accident
Lump sum payout for future loss of income
Future loss of income and loss of opportunity by way of a lump sum if you were not wholly at fault and your injuries are not a soft tissue injury
Lump sum payout for pain and suffering
If your injuries are assessed as exceeding 10% whole person impairment (WPI), you may be eligible for pain and suffering compensation. Our experienced lawyers can arrange this assessment on your behalf to determine your eligibility. Currently, the maximum payout for pain and suffering is approximately $605,000, and this cap increases annually.
John, an experienced motorcycle rider, was involved in an accident when a distracted driver collided with him at an intersection. As a result, John suffered fractures and required surgery and months of treatment. Withstand Lawyers took on John’s claim, conducting a thorough investigation and gathering evidence to establish the driver’s negligence.
Our motorcycle accident lawyer negotiated with the insurance company on John’s behalf. He was able to secure a $750,000 payout for John including compensation for pain and suffering.
How to Claim Compensation After a Motorcycle Accident
If you’ve been injured in a motorcycle accident, it’s essential to take the right steps to ensure your claim is successful. Timely action and accurate documentation can make a significant difference in the outcome of your compensation claim. Here’s a simple guide to help you through the process:
Consult a Doctor and Report the Accident: The accident details will be recorded in your medical records, which will be essential for your claim. Your lawyer and the CTP insurer of the at-fault vehicle will require these records.
Report the Incident to the Police: Provide all relevant details, including the licence plate of the vehicles involved. Make sure to obtain an Event Number from the police to include in your claim form.
Submit Your Claim: Complete an Application for Personal Injury Benefits form and attach a Certificate of Capacity from your doctor. Submit these to the CTP insurer of the at-fault vehicle. It’s best to do this within 28 days to secure income support payments from the accident date, although the official time limit is 3 months.
By following these steps promptly, you can help your claim move forward smoothly. If you’re unsure about any part of the process, we’re here to assist you. Our experienced motorcycle accident lawyers can help you navigate the legal complexities of your claim, ensuring all documentation is completed correctly and on time, so you receive the compensation you deserve.
Can You Make a Claim for Modified Common Law Damages?
Yes, if your injuries are classified as non-threshold injuries, you may be eligible to claim modified common law damages. For a free claim assessment, contact our motorcycle accident lawyers, who operate on a No Win, No Fee basis.
Our lawyers can assist at any stage of your motorcycle accident claim. We can help you determine if you are eligible for a common law claim, which entitles you to a lump sum payout and coverage of ongoing wages and medical expenses.
5 Reasons to Choose Withstand Lawyers for Your Motorcycle Accident Claim
- Personalised Approach: We prioritise building a one-on-one relationship with you, understanding the uniqueness of your claim. Our tailored strategies maximise your motorcycle accident compensation.
- Legal Experience: Our specialised motorcycle accident lawyers effectively handle motorcycle injury claims thanks to their experience in this field.
- Client-First Approach: With a remarkable 4.9 Google rating and glowing testimonials, our clients’ satisfaction speaks volumes about our dedicated team of lawyers.
- Free Eligibility Check: Our free claim check service allows you to assess the strength of your motorcycle accident claim without any cost.
- No Upfront Cost & Maximum Compensation: With our no win, no fee basis, you pay nothing until we secure the maximum compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Frequently Asked Questions
Yes, you can make a dependency claim if you were not injured but the person you are financially dependent on was injured from the motorcycle accident.
The amount you can claim in compensation will be determined according to multiple factors. These factors include the extent of the injuries, economic loss, evidence, treatment required and, the pain and suffering experienced. Also, your age, ability to work before your injury was sustained because of the motorcycle accident, intention and general health play a role in determining the amount of payout.
The duration depends on your medical treatment however generally a motorcycle accident claim takes 1.5 years to be settled in NSW.
To be injured in a motor vehicle accident in NSW. Our lawyers will guide you on what documents your claim needs to maximise your payout potential during our free claim assessment.
Examples of catastrophic injuries include but are not limited to brain injuries, amputation, severe burns and permanent traumatic blindness.
Free claim assessment at Withstand Lawyers
Our motorcycle accidents lawyers in Sydney and surrounding suburbs in NSW can assist you with the necessary advice at zero cost. Please call us on 1800 952 898 or fill out the free claim assessment form to get straightforward legal advice.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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