Many things can hinder a motorcycle accident claim, but the main factor is liability. If liability is disputed during the motorcycle claims process, all evidence needs to be gathered to establish where the fault lies. If evidence indicates that you were at fault, this may affect your eligibility to make a personal injury claim however; you may still be able to claim for part of your compensation, depending on your specific circumstances.
The type of evidence evaluated during the claims process includes the police report, CCTV footage and any independent witnesses will be called. If the evidence shows that you are either fully or partly responsible, you may only be able to recover part of your claim.
There are other factors that could potentially hinder your motorcycle accident claim, however, these are all circumstantial and may not necessarily apply to your case:
- Medical report – if injuries can’t be proven or it can’t be proven that your injuries were caused by the accident.
- Hold-ups – waiting on information from a third party, medical professionals, employers, the police, tax office, or anyone else involved in the case. If your solicitor or claims handler isn’t receiving the evidence they need, this can affect the length of time a claim takes to settle.
- Admitting liability at the scene – this may be used as evidence against you, in which case you may be unable to claim.
- Disposing of items – such as motorcycle protective clothing – before anyone has had a chance to evaluate them, could hinder the opportunity to claim for damaged goods.
The general legal requirement is for you, the claimant, to prove your claim; that someone else was at fault and that you’ve suffered a loss or injury.
For more motorbike accident injury advice, visit www.minsterlaw.co.uk/category/advice.