After dealing with the shock and stress of a motorbike accident, the next thing to go through is the filing of a motorcycle accident compensation claim. According to the law, motorcycle accidents are similar to any other vehicular accident. If the injured party can prove that he was not at fault, he's got a good chance of being awarded compensation for the loss and damages he incurred. A few factors ascertain the success of a compensation claim.
Injury or Damage
The most important thing to keep in mind when filing a motorcycle accident compensation claim is that you should have sustained some form of personal injury and/or damage to your vehicle. The person seeking compensation must have experienced injury, either physical or psychological, from the accident so as to justify the claim. Even when the other driver was at fault, if you did not sustain any loss or injury, you will not be granted any compensation.
If you were not injured but your vehicle was damaged, you are entitled to recover the cost of the property lost (i.e. Your motorbike) or the cost of having it repaired. The same rule as above applies. The damage to your motorcycle should have been incurred during the accident; otherwise no claim can be made.
Liability
It is often tough to figure out the cause of an accident. Sometimes it is solely the fault of one party. However, it might also have been brought about by several different factors, one of which could be the carelessness of the injured party himself. Whether or not the injured person will be able to obtain compensation may depend on his role in the accident.
Accident Negligence
It is also important to note that for a claim to be made, the injury sustained should have been caused by the other party, I.e. The negligent driver who had a responsibility towards you as well as other road users at the time but failed in his responsibility of keeping himself as well as other motorists safe, thus causing the accident. Remember that if the other driver is somehow able to prove that he was driving with due care and attention during the accident, the claim against him may fail.
Contributory Recklessness
The legal principle of contributory carelessness means that both parties agree that they were both partially responsible for whatever injury or damage was sustained by the claimant. Here, the injured party agrees that he may have contributed to his personal loss or injuries by behaving negligently on the road. Agreeing to contributory negligence may imply that the motorcycle accident compensation claim will be unsuccessful or that the amount of compensation granted will be significantly reduced.
Keep in mind that in the filing of a motorcycle accident compensation claim, injury and negligence go together. If there was negligence but no injury, no claim can be made. Similarly, if there was injury but no evidence of carelessness, no compensation will be given. For a claim to be made successfully, it must be proven that there was negligence and also injury.
Also remember that the law requires all drivers to have insurance that covers third parties. This signifies that their insurance provider will pay for the cost of damages and injuries inflicted upon others, including their own passengers. If you were unlucky enough to have been in an accident where the other driver took off or didn't have insurance, contact your local authorities.
Making A Successful Motorcycle Road Accident Claim
Because of the popular belief that motorcycle riders are a careless lot, making a motorcycle accident claim may not be easy. By law, motorcycle accidents are treated in much the same way as any other kind of road traffic accident.
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