Motorbike Accident Claim Guide 2024

If you have been injured due to negligent driving and wish to understand your legal options, obtain a view on liability and ascertain how a solicitor can be of assistance, we can have an initial consultation with you and discuss the matter.

We might have some of your questions answered in this post for initial reading.

If you wish to contact us to discuss, we can be contacted on (052) 612 1999 or  (01) 546 1121 or info@clearysolicitors.com

Motorbike Accident Claim*
Duty of Care

We all as road users are bound to take reasonable care to avoid an act or omission that could cause injury to another road user.

If you have been injured due to the fault of another, you can make a personal injury claim concerning the impact of the accident on one’s life. Motorbike accident injuries can cause psychologial injuries in addition to physical injuries. This could be post traumatic stress, for example.

Negligence in such cases can arise for many reasons but commonly arise due to failing to anticipate the accident which occurred, drivng to fast, failing to observe the rules of the road, failing to take reasonable rcare in the driving and driving without reasonable consideration, carelessly and/or dangerously contrary to the provisions of the Sections 51(a), 52 and 53 of the Road Traffic Act 1961 as amended by the Section 4 of the Road Traffic Act (No. 2) Act 2011.

Sometimes the other driver will contend the accident was not their fault and the accident was instead the fault of the injured motorbike driver who has this injury.

If you wish to obtain a legal opinion on your options we can assist.

Heads of Damages

If a case is taken one will have to consider the financial losses which have arisen, which can include a loss of the bike, medical expenses, earnings loss etc.

Personal Injury Solicitors

Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

How do I make a bike accident claim*?

The forum party that deals with such applications are the Personal Injuries Assessment Board.

The Personal Injuries Assessment Board is an independent statutory body that receives applications for personal injury* claims and deals with them. It is not a court and has no judicial function. Applicants will not be required to attend the Personal Injuries Assessment Board and giving evidence at the Board is not required.

Under S.8 of the Civil Liability Act 2004, this is called a ‘Letter of Claim’. A person pursuing an action should serve notice in writing to the other person within 1 month of the date of the accident of their intention to pursue this course of action.

This is the application form to the Injuries Board. This is a four-page application form. It is not a complicated form to complete, but it must be completed correctly. The correct factual details must be specified on the form with the correct legal title of the party responsible for the accident. Searches should be conducted to ensure one has the correct legal title of the respondent.

The application to the Injuries Board can be submitted by post or online with the applications administration fees being €90 or €45 depending on whether it has been submitted by post or online.

A medical report must be submitted with your application and this can be completed by your doctor on what’s called Form B. Your doctor will likely know about Form B and have prepared a report previously using this document format. The medical report will include information regarding accident details, injuries sustained, medical history, complaints, clinical findings and possible prognosis.

When you receive the medical report you should go through its content and make sure it is correct and reflective of your injuries.

How long will a Bike Accident Claim* Take?

Before we answer this we would like to explain the timeframe one has to take such a claim.

If you have been injured due to the negligence of another and wish to pursue an action to recover damages, you must begin this action within 2 years of the accident date in question. This is a strict legislative rule which has some exceptions for exceptional circumstances.

One must submit their application within the statutorily permitted time frame or it can be deemed statute-barred.

There is no one singular answer that can be given which works for everybody in terms of how long a cycling/bike accident claim* will take.

It depends on the individual case for many reasons, but we will give a general guide here.

Bike accident* claims must be submitted to the Personal Injuries Assessment Board for assessment. On average, claims made to PIAB are assessed within 9 months from the date the Board notifies the party to who the claim is taken against.

If the case is dealt with and concluded at this point to the satisfaction of the parties, the entire timeframe could be 9 months to one year. If the matter is not dealt with by the Injuries Board, the injured party may have the option of proceeding to court to seek a Judgement from the court.

Some factors that may affect how long a case takes include:

  • Once an application has been made to the Personal Injuries Assessment Board, it usually takes between 9 months to 1 year before it is concluded.
  • If one of the parties does not agree to the Injuries Board making an assessment, the matter can proceed to court.
  • If an assessment sum is not agreed to by one party, the matter can proceed to court.
  • How long will the court case process take depends on various factors, such as, is the case straightforward for complex ?.
  • Is there one injury or multiple injuries ?.
  • What is the attitude of the defendant to the case ?.
  • Has liability been admitted or is it contested ?.
  • Has the injury stabilised ?.
  • Has the treatment concluded ?. Has the injured party doctors recommended further treatment ?. Detail of the further treatment is then required.
  • What number of experts reports are required ?.
  • Is it easy or difficult to obtain expert reports ?.
  • Is it easy or difficult to obtain medical records ?.
  • Have the legal pleadings concluded? In the High Court, the defence must be provided to the injured parties solicitor within 8 weeks from the time the summons is served. This is not a long time, and in personal injury* cases one must proceed step by step in conjunction with the guidance of the doctor(s) assisting the injured party. Medical care can take time, recovery can take time, and guidance from the doctor and the patient’s thoughts on their own rehabilitation are important considerations in terms of assessing controlling the speed of a case.
How much will a motorbike accident personal injury* case cost me for the Injuries Board?

To understand what costs you may have, you should first understand the process of such cases, and then you will understand cost bases in addition to legal services costs.

Such cases must be referred to the Personal Injury Assessment Board which is a statutory body that provides an independent assessment of personal injury* claims and for people who suffer injuries from their workplace, public liability, and motor accidents.

The Applicant will likely have to pay the applicable administration fee for the Injuries Board which is €45.00 or €90.00 depending on if you submit the application online or via post. You must accompany with the Application Form for the Injuries Board the medical report, the fee for this can vary and is dependant on the report cost from the doctor, but a G.P. report can be three or four hundred euros at an approximate figure.

You should discuss legal fees with your solicitor for the Injuries Board application which may vary and is solely dependant on the service provider you have instructed to bring the application on your behalf, and any court costs should be discussed with the service provider you have chosen.

Will my bike accident* claim go to Court?

Claims of this nature are submitted to the Personal Injury Assessment Board who are tasked with providing an independent assessment of personal injury* claims.  

The Injuries Board is not a court, has no judicial function, and you are not required to attend at the Board, for example, to give evidence as part of your claim.

If the matter is not dealt with by the Injuries Board then the applicant can proceed to bring the matter before the Court. If the party allegedly responsible for the accident rejects the Injuries Board assessing the application, or rejects the Injuries Board assessment, the injured parties path forward to resolve the claim may be court.

If the injured party does not want to go to court or bring the matter to court, then obviously the matter won’t go to court.

It will only go to court if it is necessary to do so, and if the person wants it to. If a person has a concern about whether they have a good case or not, this should be discussed with the person’s solicitor after they review the case-specific facts.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”

Motorbike Accident Claim*

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Roger Cleary

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We help people injured due to negligence* attain restitution to their pre-accident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.