Motorcycle accidents can be extremely dangerous because riders lack the protection of a car and are more exposed. If you have been injured due to another road user’s negligent actions, you could be eligible to start a motorcycle accident claim. To make motorcycle accident claims in Scotland, evidence must be provided showing that another party is at fault, and the process of seeking compensation generally must be started within 3 years of an incident.
Key Takeaways About Motorcycle Accident Claims In Scotland
- Motorcyclists accounted for 446 casualties reported on roads in Scotland in 2024, of which 61% (274) were serious injuries
- Fractures, head trauma, limb amputations, and spinal damage are among the most serious injuries that motorcycle riders can sustain
- Common causes of motorcycle accidents include speeding, failing to pay attention to surroundings, and driving while distracted
- In Scotland, you generally have 3 years to make a claim, except in cases involving someone below the age of 16
- Our road traffic accident solicitors provide tailored support, helping clients gather the evidence needed to build the strongest motorcycle accident claim possible
If you have any interest in making a claim or would simply like more information, why not contact our advisors for free advice? There is a wealth of information online, but you can find straightforward, reliable answers by speaking directly with a member of our enquiries team. By doing so, you could be connected to one of our solicitors, who have already secured over £80 million in compensation for our clients so far.
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How To Make Motorcycle Accident Claims In Scotland
To make motorcycle accident claims in Scotland, it must be shown that another road user acted negligently, directly causing someone to be injured. Every road user, including motorbike riders, has a responsibility to avoid injuring others. This is formally known as a duty of care, an obligation that also requires drivers, riders, and others to follow the Road Traffic Act 1988 and the Highway Code.
For example, you could seek compensation if the following circumstances apply:
- A drink driver swerves on the road and knocks you off your motorcycle. When you land on the ground, you break your leg and suffer bruised ribs.
- At a junction, a driver pulls out without looking. They crash into your motorcycle, causing you to suffer from a concussion and internal bleeding
- A driver fails to stop at a red light due to driving above the speed limit, and they crash into you as a result. The impact of the collision caused you to suffer from a fractured forearm and road rash.
If you’re not sure about the criteria for motorcycle accident claims in Scotland, you don’t need to figure it out on your own. Our advisors offer free initial consultations to discuss your specific accident and whether you have valid grounds to seek compensation.
What Motorcycle Injury Compensation Could I Get In Scotland?
The motorcycle injury compensation you could get in Scotland covers the unique physical, psychological, and financial impact of the harm you’ve suffered. The starting point for any payout is general damages, as this head of loss compensates you for the suffering and pain of your injury.
The evaluation of compensation is a complex process which can account for specific forms of impact, such as your loss of the ability to perform daily tasks as you did prior to the accident. The compensation can also reflect the long-term effects, such as a permanent disability, and how this could impact your employment prospects.
When calculating general damages, legal professionals can use the Judicial College Guidelines (JCG). This is a document that outlines compensation guideline brackets for different types and severities of injury.
We have included some figures from the JCG below. However, it is important to note that these do not guarantee how much motorbike accident compensation you might receive, and the JCG did not provide the top figure.
| Type and Severity of Harm | Severity | Compensation Guideline Bracket |
|---|---|---|
| Multiple types of very severe harm with financial impact (e.g. medical bills, lost income, and payments for a carer) | Very severe | Up to £1,000,000+ |
| Brain | Very severe; little to no meaningful response to the environment | £344,150 to £493,000 |
| Neck | Severe (i); inclusive of incomplete paraplegia or spastic quadriparesis | In the region of £181,020 |
| Arm | Loss of 1 Arm (i); amputated at the shoulder | No less than £167,380 |
| Leg | Severe (i)- the most serious injuries short of amputation, including extensive degloving | £117,460 to £165,860 |
| Chest | Traumatic injury to chest, heart and/or lungs, impairing function | £80,240 to £122,850 |
| Knee | Severe (i); disruption of the joint and gross ligamentous damage | £85,100 to £117,410 |
| Bowels | Severe abdominal injury, impairing bowel function | £54,420 to £85,100 |
| Back | Severe (iii); including fractures of discs/vertebral bodies | £47,320 to £85,100 |
| Wrist | Complete loss of wrist function | £58,710 to £73,050 |
You may benefit from the free case assessment service that one of our advisors can offer to you. By discussing your specific case directly with them, they can estimate what factors are likely to influence the level of compensation that you may be entitled to. There is no obligation to work with our solicitors after enquiring, so what do you have to lose by getting in touch?
Can Scottish Motorbike Accident Claims Cover Special Damages?
Yes, compensation for motorcycle accident claims in Scotland can include special damages, the head of loss that covers the financial impact of someone’s injuries. For example, the following losses could be added to your case:
- Medical expenses (e.g. those relating to private treatment and prescriptions)
- Travel costs required to attend medical appointments
- Rehabilitation costs, encompassing physiotherapy, occupational therapy, and counselling
- Lost income, including future impact on earnings
- Payments made for a professional carer, or gratuitous support from loved ones
- The cost of adjusting your home, such as installing a stairlift or a wet room
You can speak to our friendly enquiries team to discuss what specific costs you have incurred and whether your compensation can aid your financial recovery.
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Examples Of Injuries Sustained By Motorcyclists
Fractures, internal bleeding, spinal damage, and head trauma are among the most common examples of injuries sustained by motorcyclists. These and other injuries, both physical and psychological, can vary in severity and also include:
- Road rash
- Concussion
- Nerve damage
- Limb amputations
- Whiplash
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
The extent of your suffering can be reflected by a compensation award. Speak with a helpful member of our advisor team today to discuss the details of your case and how motorcycle injury claims are made in Scotland.
How Can I Prove Someone Else Caused My Motorbike Accident?
You can prove that someone else negligently caused your motorbike accident by gathering supportive evidence, such as copies of your medical information and CCTV or dashcam footage. Common examples of evidence provided for motorcycle accident claims in Scotland include:
- A copy of your medical records (this can show doctor’s notes, your symptoms, scans and treatment)
- A copy of a police report, if officers attended the incident
- Photos of your injuries, as they can highlight the visible signs of harm, such as fractures or lacerations
- Contact details of those who saw your motorcycle accident. If you work with a solicitor, they can later contact them to obtain witness accounts for your claim
- Insurance details of the other road user who caused the motorbike accident, as well as their vehicle registration and contact information
- Dashcam or CCTV footage, which you have a right to request
You may not be sure of what evidence will strengthen your specific case. If you are connected with one of our solicitors, they can explain this aspect of the personal injury claims process in further detail. Get in touch with an advisor to find out whether you may qualify.
What Is The Road Traffic Accident Claim Time Limit In Scotland?
The road traffic accident claim time limit in Scotland is generally 3 years from the date of an incident, as owed to the Prescription and Limitation (Scotland) Act 1984. An exception applies to those under 16, who are too young to pursue compensation themselves. Instead, the 3-year time limit does not start until their 16th birthday.
To learn more about the limitation period and to find out whether you can proceed, speak to our expert team of advisors today.
No Win No Fee Motorcycle Accident Claims In Scotland
No Win No Fee motorcycle accident claims in Scotland can be pursued with one of the dedicated solicitors here at Legal Expert. Here at Legal Expert, our solicitors can take your claim on under different types of agreements outlined by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. In short, it means your solicitor can get started on your claim without charging a service fee at the following stages of the process:
- Before the personal injury claim begins
- While the case is underway
- If you do not successfully claim compensation
However, if you do get compensation, you must pay a success fee. This is a percentage of the compensation that you give to your solicitor. Your interests are legally protected by a cap, ensuring that you keep the major share of the compensation yourself.
Here at Legal Expert, our solicitors offer a range of services to help clients navigate the motorcycle accident claims process as smoothly as possible. These include:
- Assistance with the gathering of evidence to strengthen your chances of success
- Straightforward legal explanations to ensure that you understand what is happening with the case
- Negotiating a settlement that will reflect the full impact that you have experienced
- Communicating with the defendant on your behalf in a professional manner
Contact Legal Expert’s Advisors
If you’re wondering, ‘How do I take the next steps?’ it’s as simple as contacting Legal Expert’s advisors. They will explain anything you are unsure of and determine whether you can work with one of our solicitors. There is no pressure to proceed, though you may find yourself one step closer towards getting the compensation that you deserve.
- Call our team on 0800 073 8804
- Submit an online enquiry form
- Chat live with an advisor using the pop-up in the corner
Learn More
Visit our other personal injury guides to learn more about the compensation claims process by using the links below:
- Learn about whiplash compensation claims in Scotland
- Read our Scotland cycling accident claims guide
- Find out how to make a hit-and-run claim
External resources:
- Read the Scotland police advice for motorcyclists
- Find out how to administer first aid
- Learn whether you are eligible to claim Statutory Sick Pay (SSP)
If you would like further guidance on making motorcycle accident claims in Scotland, please feel free to contact our 24/7 team of dedicated advisors.