Guide to Motorcycle Accident Claims Injuries, Insurance and Compensation

If you are injured in a motorcycle accident and are not entirely at fault, you may be entitled to injury compensation caused by your motorcycle accident. When you claim compensation for a motorcycle crash in Western Australia, you are claiming against the Insurance Commission of Western Australia (ICWA) as the CTP insurer of the responsible vehicle. According to ICWA’s latest annual report, motorcyclists tend to suffer serious injuries and led to disappointingly higher payments per claim.

This article focuses on answering commonly asked questions about motorcycle accident compensation. If you have made a personal injury claim for a motorcycle accident, please be sure to contact a specialist motorcycle accident lawyer for an obligation free initial consultation. If you are claiming for repairs or replacement of your motorcycle damage, your motorcycle insurance company should be your first point of contact.

What is the most common cause of motorcycle accidents?

There is no official statistic on what is the most common cause of motorcycle accidents in Western Australia but based on our experience as personal injury lawyers in Perth, we would say that most motorcycle accidents occur when a motorcycle collides with a car or trailer. We have also seen head-on collisions between a motorcycle and a car on country roads where there is a ‘blind corner’ in the road.

Based on a collection of online sources, dangerous road conditions and other motorists failed to recognise fast travelling motorcyclists are the most quoted causes of motorcycle accidents. Main roads, highways, freeways and the main intersections of suburban streets are the most common locations for motorcycle accidents.

Here is a list of the most dangerous roads in Perth with high motor vehicle accident rates:

• Albany Highway, Cannington
• Albany Highway, Kelmscott
• Nicholson Road, Canning Vale
• Great Eastern Highway, Midland
• Michell Freeway, Perth
• Tonkin Highway, Bayswater
• Wanneroo Road, Wanneroo
• Welshpool Road, Welshpool

Here is a list of the riskiest roads to drive in regional WA:

• Bussell Highway, Busselton – Capel
• Indian Ocrean Drive, Two Rocks – Arrowsmith
• Great Eastern Highway, The Lakes – Northam and Merredin – Coolgardie
• Burakin – Wailki Road, Burakin
• Albany Highway, Ashendon – Williams
• Great Northern Highway, Muchea – Bindoon
• Kaloorup Road, Jindong – Vasse
• Great Southern Highway, The Lakes – York
• South Western Highway, Manjimup – Walpole
• Toodyay Road, Gidgegannup – Toodyay

Who is eligible to make a motorcycle claim?

All road users who have sustained injuries in a motorcycle accident as a result of negligence or another driver or rider may be entitled to accident compensation. This online claim checker will help you to determine your eligibility for motor injury compensation in WA.

Compensation following the death of a motorcyclist

If a motorcyclist dies as a result of a motorcycle crash, and the motorcycle accident occurs as a result of negligence or another driver or rider, then his or her dependents (for example wife, de facto partner or children) may be able to make a claim with the Insurance Commission for dependency.

In a fatal motorcycle crash, compensation awarded to the dependents of the fatally injured motorcycle riders can be considerable. This is because, in a fatal injury claim, compensation may be available for the remainder of the life of the dependent in the case of a de facto partner or wife.  If your loved one is involved in a fatal motorcycle crash, please be sure to consult personal injury lawyers near you.

Catastrophic Injuries: No-Fault System

A claim with the Insurance Commission can also be made if you are catastrophically injured in a motorcycle accident. Examples of catastrophic injuries include but are not limited to spinal cord injuries, traumatic brain injuries, multiple amputations, severe burns, and permanent traumatic blindness. Unlike a fatal motorcycle crash, there is a catastrophic injury support unit within ICWA. Thus, personal injury lawyers often are not involved in catastrophic injury claims.

Is it worth hiring a motorcycle accident lawyer?

Yes. It is worth hiring a motorcycle accident lawyer if you are injured in a motorbike accident. This is because motorcyclists in a collision with a car tend to suffer serious injuries with life-changing consequences. Additionally, physically injured motorcyclists often suffer psychological injuries such as Post Traumatic Stress Disorder (PTSD) due to the traumatic accident. It is important to note that the benefits for motorcycle crash claims extend beyond motorcycle riders. All road users who witnesses the motorcycle crash and suffered PTSD as a result of the event may also be entitled to personal injury compensation.

The extent of pain and suffering and economic loss for injured riders involving motorcycles is often difficult to quantify. Because of the reasons above, motorcycle accident claims are one of the most heavily defended by ICWA’s panel lawyers.

In order to best protect the rights and entitlement of injured motorcyclists, it is recommended to hire a good motor vehicle accident lawyer to defend your motorcycle accident claim.

What is the motorbike accident claims process?

If you are claiming personal injury compensation for a motorbike accident in Western Australia, it follows the same process as other motor vehicle injury claims.

Here is a typical motorbike accident claims process:

1. Report the accident to the Police – either online (through crashreport.com.au) or by attending a Police statement. Often the Police will attend the scene of the accident.
2. Make a Claim to ICWA
3. ICWA to investigate the incident/accident
4. ICWA make a decision on liability
5. Injured riders start to receive accident compensation payments
6. Start settlement negotiation when the injured rider reaches medical stabilisation.

If ICWA denies the claim, then depending on the circumstances you should engage a motorbike accident lawyer to review your claim.

Can I sue after a motorcycle accident?

Yes, you can sue after a motorcycle accident regarding personal injury if you are not at fault, or you are partially at fault. The riders of motorcycles tend to suffer relatively severe injuries and therefore it is common for the claims made for motorcycle accidents to go through the District Court of WA.

Proceedings are usually commenced in the District Court of WA as it has unlimited jurisdiction in respect of personal injury, meaning that there is no maximum that can be awarded.

In practice, ICWA is the compulsory third party insurer (i.e, CTP insurer) for motor injury claims in WA. Legal proceedings are commenced against the driver of the responsible vehicle but the legal proceedings are defended by ICWA on their behalf. If you are successful in the claim, ICWA will usually pay you the settlement or judgment proceeds.

Once you claim CTP benefit from ICWA, ICWA then investigates the accident and makes a decision in respect of liability. Most motor vehicle accident legal proceedings proceed on the basis that liability is admitted by ICWA on behalf of the Defendant.

If you claim property damage for damage to your motorbike then you should contact your motorcycle insurer. Once you made the accident compensation claim, they will conduct an independent investigation and recover losses from the at-fault party. There is usually no need for you to sue the at-fault party directly.

What do you do when someone hits your motorcycle?

When someone hits your motorcycle, you should report them to the police. It is good practice to take photos of the scene and note down the names and addresses of your witnesses if any. If you have valid motorcycle insurance, you should report it to your motorcycle insurer.

If the injured person was not at fault or was only partially at fault, they may make a claim with the Insurance Commission. The Insurance Commission can be contacted on 9264 3333. ICWA often requires the injured person to complete a ‘notice of intention to make claim’ form for completion.

Section 29 of the Motor Vehicle (Third Party Insurance) Act 1943 states that a person wishing to make a claim for personal injury cannot sustain an action for personal injury, unless, as soon as practicable after the accident giving rise to the claim, the person gives written notice to the Insurance Commission of Western Australia regarding his or her intention to make a claim.

Who is at fault in most motorcycle accidents?

It depends on how the motorcycle accidents happened, both motorists and motorcyclists may be at fault. In a recent survey by Budget Direct. It is found that in WA, there is an equal split between motorist at-fault and motorcyclist at-fault. A detailed factual investigation may be required to establish the at-fault party. If you have made a personal injury claim or motorcycle insurance, it is often the insurer that will lead the investigation to determine who is at fault. If you don’t agree with the insurance company’s decision, specialists personal injury lawyers may help you to dispute the decision with the insurer and get the decision reviewed.

Do you have to declare motorbike accidents on car insurance?

It depends on your car insurance policy but it is common to be asked whether you have been involved in a motor vehicle accident within the last 5 years.

It is important to distinguish between damage insurance and personal injury insurance. The car insurance you purchase from the insurance company is damage insurance and covers damage to the motor vehicles involved. Damage insurance often covers the repair or replacement of the vehicle, it doesn’t cover the injury caused to riders, motorists or bystanders.

Who is liable in a motorcycle accident?

In general terms, a negligent party will be legally liable to pay compensation to a party that is not at fault. If both parties are at fault, then liability may be apportioned between the riders or drivers involved in the accident.

This applies whether the claim is a personal injury compensation claim or a property damage insurance claim.

What do I do if I crashed my bike?

You need to do the following if you are involved in a motorbike crash and suffered an injury:

• Report the motorcycle accident to the police
• Seek medical treatments as soon as practicable
• Lodge an online crash report

If you want to make a personal injury claim which involves your motorbike accident, you need to complete the Notice of Intention To Make Claim form. This form can be obtained directly from the ICWA website.

If you have motorbike insurance, you may also consider contacting your motorcycle insurer.

How dangerous is a bike crash?

Motorbike crashes are dangerous as they have a higher rate of serious injuries and fatality rates compared to other types of accidents that involve motor vehicles.

Budget Direct’s recent survey indicates that WA has the higher motorcycle ownership compared to other States in Australia. Over 50% of Western Australians think motorcyclists can avoid police radars and speed cameras.

What do you call a bike crash?

You can call a bike crash a motorcycle accident, motorcycle crash, motorbike crash.

What should I check after a bike crash?

After a bike crash, you should first make sure you are okay and seek medical assistance as soon as practicable. If you are able to do so, take photographs of the scene and obtain the details of the other driver involved and the names of any witnesses.

Accidents involving a motorcyclist or motorcycles are often severe. It is not uncommon for the motorcyclist to end up in a coma following an accident. If this is the case investigations should be made with the Police to determine the accident circumstances.

If your motorbike is insured by a damage insurer, please contact your insurer immediately as they often have a specific checklist to guide you through what you should check after a bike crash.

What is covered under motorcycle insurance?

Similar to car insurance, motorcycle insurance can also be divided into 3 tiers:

• comprehensive motorcycle insurance
• Third-party property only motorcycle insurance
• Third-party property, fire and theft motorcycle insurance.

What is covered under each tier of motorcycle insurance varies. For more information about your policy coverage, please contact your motorcycle insurer.

Does a car claim affect motorcycle insurance?

In this question, a ‘car claim’ refers to a claim by the driver of a car against the driver of a motorcycle for damage sustained to the car. The claim would either be through the car driver themselves or through their insurance company.

If the rider of the motorcycle was partially or totally at fault in causing the accident, it may well affect how much they have to pay for their insurance, but this will depend on the terms and conditions of the policy.

Getting help for your motorcycle accident claim

Foyle Legal has a team of motor vehicle accidents lawyers in Perth. We are specialised in car accident injury compensation, and truck accident injury compensation. If you have made a claim for motor vehicle accident compensation. Contact Foyle Legal for your obligation free initial consultation. We offer No Win No Fee legal representation for all qualified personal injury claims in WA.

If you are just starting up with your motorcycle crash compensation claim and unsure about the process for injury compensation in WA, please check out our personal injury faq and motor vehicle accident faq. It contains lots of useful information.