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Motorcycle Accident Claims UK

England & WalesLast reviewed 18 September 2026

A motorcyclist injured by another road user's negligence can claim compensation from that driver's insurer. Motorcyclists are treated as vulnerable road users, but a failure to wear a helmet or protective gear can still lead to a reduction for contributory negligence.

Proving the Other Driver Was at Fault

Direct Answer: Motorcycle claims need the same thing as any road traffic claim: another road user who failed to take reasonable care and caused your injuries. Highway Code breaches are admissible evidence, though they do not automatically decide liability.

Many serious motorcycle collisions happen at junctions, when a driver pulls out, turns across the rider's path or opens a door, and says they did not see the bike. A failure to look properly is negligent. Rule H1 of the Highway Code, in force since 29 January 2022, states that road users who can do the greatest harm bear the greatest responsibility for reducing the danger they pose, and under Road Traffic Act 1988 s.38(7) a Code breach can be relied on as evidence tending to establish negligence.

Dashcam or helmet-camera footage, independent witnesses, CCTV and vehicle damage all help. If you can, photograph the scene and road conditions before anything is moved.

Helmets, Protective Gear and Contributory Negligence

Motorcyclists must wear protective headgear on a road (Road Traffic Act 1988, s.16), subject to an exemption for followers of the Sikh religion wearing a turban. Failing to wear a helmet, or wearing one that is not properly fastened, can lead the other side to argue that your injuries, especially head injuries, were made worse by your own conduct, and a court can reduce your damages by a percentage to reflect that.

The same argument can be made about protective clothing, though there is no equivalent legal requirement. Whether and by how much damages are reduced is decided on the medical and expert evidence in the individual case, not by a fixed rule.

Uninsured and Untraced Drivers

If the other driver was uninsured or left the scene and cannot be identified, the Motor Insurers' Bureau (MIB) may compensate you under its Uninsured Drivers and Untraced Drivers Agreements. These have strict notice and application deadlines, so speak to a solicitor promptly rather than waiting for the police inquiry to finish.

Frequently Asked Questions

Can I claim if I wasn't wearing a helmet?

You can still claim, but the other side may argue contributory negligence and ask for your damages to be reduced, particularly if you suffered a head injury. Whether the helmet would have made a difference is decided on the medical evidence, so a reduction is not automatic.

What if the driver says they didn't see me?

Failing to see a motorcycle that was there to be seen is usually a failure to keep a proper lookout, which is negligence. The Highway Code's hierarchy of road users reinforces the driver's duty to look out for more vulnerable riders.

Can I claim for my damaged motorcycle and gear as well?

Yes. The claim can include the cost of repairing or replacing your bike, helmet and protective clothing, plus hire or replacement costs and other financial losses, as well as compensation for your injuries.

What if the driver who hit me was uninsured or drove off?

You may be able to claim through the Motor Insurers' Bureau. The Uninsured Drivers Agreement 2015 and Untraced Drivers Agreement 2017 have specific requirements and deadlines, so take advice quickly.

Is whiplash on a motorcycle covered by the whiplash tariff?

The tariff applies to whiplash injuries suffered in a motor vehicle, but motorcyclists are excluded from the whiplash reforms, so their soft tissue injuries are valued on ordinary principles rather than through the fixed tariff. Ask your solicitor which route applies to you.

Can I make a motorcycle accident claim on a no win no fee basis?

Usually, yes, if a solicitor thinks the claim has reasonable prospects. Under a Conditional Fee Agreement you pay no solicitor fees if the claim loses, and if it wins a success fee is deducted from your damages, capped at 25% of general damages and past losses in personal injury cases. Low-value whiplash claims through the OIC portal work differently, so ask about costs before you start.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. The Highway Code — Rule H1 (hierarchy of road users) · in force from 29 January 2022

    Places greater responsibility for reducing danger on those who can do the greatest harm (e.g. drivers) toward those most at risk (pedestrians, cyclists). A Code breach is not itself a civil wrong but is admissible as evidence of negligence under Road Traffic Act 1988 s.38(7).

  5. Road Traffic Act 1988, s.38(7)

    A failure to observe the Highway Code does not itself make a person liable, but may be relied on in any proceedings as tending to establish or negate liability.

  6. Road Traffic Act 1988, s.16 (wearing of protective headgear)

    Motorcyclists must wear protective headgear on a public road, with an exemption for followers of the Sikh religion wearing a turban.

  7. Motor Insurers' Bureau — making a claim (Uninsured and Untraced Drivers Agreements)

    The MIB is funded by the motor insurance industry and compensates victims of uninsured drivers (Uninsured Drivers Agreement 2015, accidents from 1 August 2015) and untraced drivers (Untraced Drivers Agreement 2017, accidents from 1 March 2017). The agreements set strict notice and application deadlines; read the current agreement or take advice.

  8. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.