MACS can pursue compensation claims for motorcyclists who have been involved in all types of accidents. Unlike other solicitors which handle motorcycle claims on a no win-no fee basis, we do not deduct a percentage from your settlement if you win.
What you do at the scene of an accident is important and may help if you decide to make a claim. The more evidence there is of what happened, the more likely there will be the right outcome.
It is difficult to create a ‘one size fits all’ checklist to follow after an accident but the list below is a useful guide:
1. Stop – take a moment to compose yourself after any accident, but never ride away regardless of who you might think is at fault. Let an expert decide.
2. Contact emergency services – who needs to attend the scene of the accident? If you or anyone else may be seriously injured then you should ask for paramedics to attend. Police may need to attend depending on the severity of the accident, injuries and whether any roads need closed or hazards removed.
3. Take photographs – visual evidence of the accident scene is important so take photographs of the location and the vehicles and/or bikes involved before they are moved.
4. Get the details – get as much information as possible. Name, address, insurance details along with registration number, make and model of vehicles and bikes involved. If there are any witnesses get their contact details and ask if they are happy to be contacted.
5. Call us – MACS has many years of experience supporting bikers who have been involved in an accident. Whatever the circumstances, we have the expertise to help you. MACS can arrange bike repairs, medical treatment and financial assistance through interim payments, so let us do the hard work while you focus on recovery.
MACS can pursue compensation claims on a no win-no fee basis for motorcyclists who have been involved in all types of accidents. Here are some of the more common types of accident:
The purpose of the law is to put you back in the position you would have been in if an accident had not occurred.
Following an accident you may be able to claim for the following:
• Damage to bike
• Damage to lid, leathers, boots, gloves and other items of clothing
• Personal injury
• Financial loss
• Medical costs
Damage to bike
If you do not want to claim damage to your bike from your own insurer, or you only have third party insurance, then we can claim this from the insurer of the party who is at fault. If your bike has been modified then you should take photographs of it as this will ensure we can arrange for our independent engineers to make the right repairs.
Damage to lid, leathers and other clothing
You can claim for damage to clothing provided you can supply details of each of the items such as its value and date of purchase, along with the purchase receipt for each item. Taking regular photographs of your kit is useful to show its condition.
If you have been injured in an accident on your bike then you will be eligible for compensation known as “general damages for pain, suffering and loss of amenity”. Compensation is based on the type of injury, recovery time and impact on your life.
In addition to compensation paid as a result of any injuries suffered in an accident, you may also be able to claim for financial losses which occurred as a result of your injuries. These include the following:
• Loss of earnings – you can claim for loss of earnings if an injury causes you to be absent from work and your employer does not pay you during this time. If you are still absent from work when your case is settled then future losses will also be included. If you are self-employed and unable to work as a result of injuries suffered then you can claim for loss of income and profit.
• Loss of pension contributions – if you are unable to work and therefore unable to contribute to a pension then we can also recover this loss.
• Medical costs – depending on your injuries, you may be able to claim for the cost of medical treatment following an accident, such as physiotherapy or psychiatric treatment. In cases of severe injury, it may be necessary for adaptations to be made to your home.
• Other financial losses – these include services, increased bills, holiday and club memberships.
Bikers account for around 1% of the traffic on Scotland's roads, but a significantly higher proportion of deaths.
Riders are more vulnerable as they do not have a protective shell around them like motorists do and there are a range of road surface hazards that make life more difficult for bikers than other road users. These include potholes, manholes and covers, debris and spills.
Travelling on two wheels does have certain advantages, such as greater acceleration and flexibility when it comes to height and position. It is important to know how to use these advantages to make your journey a safe one.
MACS can help if you have been in an accident but when it comes to road safety, prevention is definitely better than cure.
Below we list some of the basics of safe riding:
Most accidents involving bikes take place at junctions. Think about how you can make yourself visible to motorists who are generally on the lookout for other vehicles rather than bikes. If possible, try and make eye contact with motorists you encounter at junctions. Think about how you would manage a situation where a vehicle turns into your path at a junction.
Filtering is permitted in a congested situations provided it is done safely, although there is some ambiguity about what is acceptable. Bear in mind that you won't always see eye-to-eye with other road users and the police when it comes to what is considered safe. Filtering is not the same as overtaking and undertaking. In most cases the police will accept that you are filtering if you are doing 20mph or less. To filter safely you need to be comfortable at slow speeds in confined spaces. It is useful to practice riding at walking speed as this will improve your balance and enable you to make better decisions when it comes to filtering. When filtering be mindful of vehicles, other bikers and cyclists, pedestrians and vehicle doors opening.
Left hand bends can be particularly challenging for bikers as line of sight becomes very limited. The narrower the road you are on the more challenging its corners will be. On approach to a corner make sure you scope it assess it so you can adapt your speed and position to enable you to take it safely. When your bike is banking to either side at a corner you may need to accelerate slightly to compensate for the loss of speed.
Right of way
Know when you have the right of way. Read the Highway Code if you're not sure. Often the various parties involved in an accident will all argue they had right of way. Don't make the mistake of assuming that a motorist has seen you.
The right kit
Choosing the right kit and the right fit is crucial and can save your life. Your lid, gloves, boots, trousers and jacket will be important investments so shop around, try different styles and fits, talk to an expert and take the time to get it right.
Riding a bike is generally considered more challenging to learn than driving a car. You might think you are an expert behind the wheel, but it does not automatically mean you will be an expert on two wheels. Attention, awareness and hazard perception are extremely important, as are cognitive skills like the ability to quickly assess and adapt riding style to suit speed, distance, weather, road traffic conditions and other road users. When learning, take the time to master elements of riding like balancing your bike, brake distribution, countersteer and counterbalance. A good instructor is important so consider plenty of options and ask any seasoned riders you know for their recommendations. To attain a bike licence you must first pass a Compulsory Basic Training (CBT) course and a theory test. Then you progress to the Module1 and Module2 practical tests. For those who want to keep learning and improving, there is a range of ongoing training options for advanced riders.
This requires different skills to those you need on the road, but many riders prefer track riding. The track does not feature many constraints and hazards you will find on the road. If you want to ride fast, push your machine to its limits and compete with others, then track riding might be for you. Many tracks offer tuition and medical help is generally on hand in case of any accidents.
Crash scene management
Should you be involved in an accident, or find yourself at a crash scene, it is important to know what to do as emergency services may not be able to attend right away and your actions could save lives. Learn how to correctly remove a helmet and know what details that emergency services are likely to ask for over the phone. For example, they may ask how many ambulances are needed and the general rule is one ambulance per one injured person.
While prevention is better than cure, if you do have the misfortune to be involved in an accident, MACS can provide advice, support you through your rehabilitation and pursue legal action to recover your losses.
After an accident what should I do?
Contact the police and emergency services, or have someone do this on your behalf, to report the accident and arrange medical treatment. You should also contact your insurance company and seek legal advice from MACS. Click here for more detailed advice on what to do after an accident.
Do you provide a free consultation service?
If you have been injured in an accident call us on 0333 2100 200 and we will be happy to provide you with a free, no obligation consultation.
Can MACS arrange a home or hospital visit to discuss my options?
Yes. If you are incapacitated following an accident or if you simply prefer a face-to-face meeting we are happy to arrange this.
What can I claim for?
If you have been in a motorcycle accident you can claim for loss, injuries and damage – click here to find out more.
Who are MACS?
A team of senior solicitors with extensive experience handling all types of motorcycle accident claims. MACS is a trading name of the established Scottish law firm Gildeas.
Can MACS arrange treatment to assist with my recovery?
Yes. We can arrange for you to discuss your injuries with our rehabilitation providers.
How will MACS support me after an accident?
We will provide specialist tailored advice for you and your family on your prospects following an accident. We will then instruct appropriate experts to assist with your rehabilitation and to assess the loss, injuries and damage you have suffered as a result of the accident. If agreement cannot be reached with the third party insurer, we will provide support and legal representation throughout and subsequent litigation proceedings.
Who will handle my claim?
Your claim will be dealt with by our specialist motorcycle law team. Our team has experience in dealing with all types of motorcycle accidents including those involving serious and life changing injuries.
Will I be fully informed about the progress of my case?
Absolutely. Client participation is important to us and we will always keep you updated with each step of your case.
Will I need to undergo a medical assessment?
We may ask you to undergo a medical assessment in order to provide proof of your injuries, treatment required, and the impact your injuries have had.
I am off work due to my injuries. Will I be able to get an interim payment?
If you are off work as a result of an accident and not getting paid we can ask the insurer to make an interim payment to offset any financial hardship.
My clothing and gear were damaged. Can I claim for replacements?
Of course. You should retain all damaged clothing and items for inspection by the negligent party’s insurer who will also ask you to provide original purchase receipts or replacement estimates.
Should I replace my helmet after an accident, even if it was not damaged?
The vast majority of helmets are designed for one-time use as the foam is designed to crush on impact. Therefore if you strike your head in an accident you should replace your helmet, even if the impact was minor and there is no visible damage to the exterior of the helmet.
I think I might be partially at fault for an accident, what should I do?
Even if you were partially at fault you are entitled to make a claim from the negligent driver’s insurance. In cases such as this an element of “contributory negligence” may be deducted from any settlement you receive. You should always let an expert decide who is at fault in an accident.
Will I have to go to court?
In some cases where liability or the value of the claim is disputed a full court hearing is necessary. However, most cases settle before then and less than 1% of accident claims result in people giving evidence in court.
Will MACS take a percentage of my settlement?
No. If you remain a client of MACS and we settle your case, you will receive 100% of the agreed settlement. Unlike other solicitors which handle motorcycle claims on a no win-no fee basis, we do not deduct a percentage from your settlement if you win.
The other driver’s insurance company has contacted me to make a settlement offer - what next?
In an effort to reduce costs some insurers will attempt to settle claims early on in the process. It is important that you seek legal advice before accepting any offer directly from the negligent driver’s insurer. Call us to make sure that any offer you receive is reasonable.
Do you have another question? Contact us today and one of our experienced team will help >
Achieving a successful outcome to your claim depends largely on the solicitor handling it.
If you are unhappy with the progress of your claim or if you believe the service you are receiving is unsatisfactory you are entitled to seek alternative legal advice.
You should consider seeking alternative legal advice if any of the following apply:
• There has been a lack of contact from your solicitor
• You are not satisfied with the progress of your case
• You feel your solicitor does not have the experience to pursue your case effectively
• You are concerned about the advice you are receiving from your solicitor
• You feel the relationship with your solicitor has broken down
If you decide to make a change the first step is to instruct your new solicitor to send a ‘form of authority’ to your previous solicitor instructing them to release your file of papers. Your previous solicitor should not make contact with you during this process. They should instead discuss any issues with your new solicitor. If they do try to make contact then simply refer them to your new solicitor.
Transferring your claim to MACS is easy – all we need to get things moving is a signature and a reference number from your current solicitor. We will resolve the issue of any costs incurred up to the point of transfer.
MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.