Have you been injured in a motorcycle accident? Our specialised and experienced team of personal injury lawyers are experts in motorcycle compensation claims.
MOTORCYCLE ACCIDENT CLAIMS
Accidents between motorcycles and motor vehicles (cars, buses, trucks, trams and trains) generally result in disastrous injuries for motor cyclists.
Unlike the drivers of motor vehicles who are protected by air-bags and seatbelts, the riders of motor cycles have practically no protection at all, apart from protective helmets and clothing.
In most collisions between motorcycles and motor vehicles, the rider is separated from the motor cycle at speed, or ends up under the motor vehicle. Serious injuries to the motorcycle rider are generally guaranteed. Sadly, often motor cyclists do not survive the accident.
If you have been injured on a motorcycle which collides with a motor vehicle, either as a rider or a pillion passenger, you are entitled to receive monetary compensation.
In the sad cases where a motor cyclist is killed, those family members who are financially and/or personally dependent on the rider are entitled to receive compensation for the loss of that dependency. These claims are called Compensation to Relatives actions. They can be very significant.
As such claims have time limits and can be extremely complex, particularly if the CTP/greenslip insurer on risk denies liability or makes allegations that you contributed to the accident by riding too fast and/or not wearing protective clothing or helmet, it is highly advisable for you to consult an experienced and expert personal injury lawyer.
Our exceptional personal injury lawyers at Stacks Goudkamp are extremely knowledgeable, but also compassionate and caring. They will do all they can to ensure that your motorcycle compensation claim goes as smoothly as possible and that you end up with the monetary compensation which your injuries and loss demand.
If as a rider you were at fault for the accident, you will still be entitled to have your medical expenses and loss of earnings paid for a closed period pursuant to the no fault Statutory Benefits scheme. If you were mainly to blame for the accident these benefits will cease after 6 months.
If your injuries are severe you could receive Common Law damages, ie compensation for your pain and suffering, loss of earnings and loss of future earning and working capacity. If you were partly responsible for the accident by, for example, riding too fast in the conditions, failing to keep any proper lookout, or failing to wear a helmet or protective clothing. (This is called contributory negligence.) Your compensation will be reduced by the percentage of your contributory negligence.
WHY CHOOSE STACKS GOUDKAMP AS YOUR MOTORCYCLE ACCIDENT LAWYERS?
In our experience, some insurers are biased towards motorcyclists. They seem to regard riding a motorcycle as a dangerous activity undertaken by irresponsible and reckless motorcyclists. This of course is completely wrong. Most motorcyclists ride defensively and carefully. It is the carelessness of the drivers of motor vehicles which cause the collisions.
As collisions between motorcycles and motor vehicles mostly occur at relatively high speed the injuries suffered are likely to be great. The ability of the seriously injured motor cyclist to cope with the stressful personal injury compensation claims process without an expert motorcycle injury lawyer is likely to be very limited.
Our motor vehicle accident lawyers have extensive experience of successfully acting for seriously injured motorcyclists and pillion passengers, including proving that the driver of the motor vehicle was totally or mostly at-fault in, and keeping any contributory negligence alleged against our clients to a minimum.
Furthermore, Stacks Goudkamp acts for clients on a no win, no pay basis and pays for all disbursements, eg fees for medical opinions. Our clients are never left out of pocket. At the successful end of claims, the compulsory third party/greenslip insurer for the motor vehicle involved in the collision pays most of our clients’ legal expenses.
Our personal injury lawyers have a great reputation for their knowledge, experience, negotiating skills and compassion. They always put their clients first.
If you, or someone you know, has been injured or killed in a motor vehicle accident, you should contact us without delay.
We encourage you to read some examples of our successful motorcycle compensation claims.
David loved getting out for a ride. He was positive and always smiling! David was out for a morning ride on his motorcycle when, without any warning, a car pulled out in front of him causing him to collide heavily with the car in a t-bone accident. The serious injuries he suffered in the accident turned his life upside down. This is Dave’s story.
Yes definitely. Even if you were at fault, or partly at fault, you are still entitled to receive compensation for your injuries, namely medical expenses, loss of income. If you are seriously injured your claim will include compensation for pain and suffering, loss of earnings and loss of earning and working capacity.
Because injuries suffered by motor cyclists are generally so serious, it often happens that the police investigating the accident will not be able to obtain a statement from you. Accordingly, the only version that the police receives is from the driver of the motor vehicle. Police reports often state that the motor cyclist was at fault, when that was not the case at all.
Therefore, it is very important that you contact an expert personal injury lawyer as soon as possible after the accident to discuss the claims process, to take the stress from you of dealing with the compulsory third party/greenslip insurer, to advise you on liability (ie fault) and the amount of compensation to which you are probably entitled, and negotiating a settlement with the insurer or its lawyers in due course.
Yes, definitely. It is a false economy to try and do it yourself, because at Stacks Goudkamp, we act on a no win, no pay basis so that you don’t pay us anything if your claim is unsuccessful. Besides, if your claim is successful the compulsory third party greenslip insurer, will have to pay most of your legal expenses.
At Stacks Goudkamp we pride ourselves on never leaving our injured clients out of pocket. We work hard to ensure that our clients receive the maximum compensation available.
As motorcyclists injured in accidents are generally adults, rather than minors, there is obviously no need, no matter how serious the injury, to wait until the injured person has reached adulthood before finalising the claim.
Some claims can be finalised quickly. For example, if the injuries suffered are relatively minor.
However, with serious injuries such as leg fractures (the most common injuries suffered by motor cyclists involved in collisions with motor vehicles), brain injury or spinal cord injuries it is prudent and sensible to wait until the injuries have sufficiently stabilised so that a fairly accurate prediction can be made in relation to future losses before the claim is finalised.
That is because common law damages claims are finalised on a once and for all basis, by way of a single lump sum payment. There is no coming back for more, if the injured person’s condition deteriorates later in life and this deterioration has not been taken into account in the settlement.
Generally, the average time taken to complete a motorcycle accident personal injury claim is between 2 and 3 years.
If you are totally or mostly to blame for the accident, your entitlement to Statutory Benefits will be very limited.
If you are totally to blame for the accident you will have no right to receive Common Law damages. If, on the other hand, you are partly responsible for the accident, meaning that the driver of the motor vehicle was also at fault, you will be entitled to receive compensation which will be reduced by the percentage of your culpability, ie blame.
This is called contributory negligence. The insurer bears the onus of proving, on the balance of probabilities, your degree of contributory negligence. You bear the onus of proving, on the balance of probabilities, that the driver of the motor vehicle was totally or partly at fault.
The most common allegations of contributory negligence levelled at injured motor cyclists include:
Yes. Stacks Goudkamp has offices throughout New South Wales. Our lawyers are prepared to travel throughout the Sydney metropolitan area, regional New South Wales or throughout Australia to see clients who have been seriously injured in motorcycle accidents.
Every vehicle in New South Wales should be covered by what is called greenslip or compulsory third party – CTP insurance. If a vehicle is, for whatever reason, not covered by insurance, the compensation claim is directed to the Nominal Defendant under the Nominal Defendant Fund to ensure that injured motor cyclists are not deprived of compensation simply because the motor vehicle was not insured.
In cases where the motor cyclist is unable to identify the vehicle which caused the accident the claim is also brought against the Nominal Defendant. A prerequisite for a successful claim is for due enquiry and search to be made to try and identify the motor vehicle involved in the collision as soon as possible, before the trail goes cold.
In such cases it is extremely important for the injured motor cyclist to contact an experienced and expert personal injury lawyer as soon after the accident as possible to conduct the due enquiry and search. This is normally done by publishing notices in various newspapers calling on witnesses to come forward. Failure to conduct due enquiry and search in a timely fashion can be fatal to a claim, even where the motor cyclists have suffered devastating injuries.
If you have been injured in a motorcycle accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages.
You may also be entitled to receive compensation for the following:
The amount of compensation you will receive depends on many factors. These include:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation