Motorcycle Accident Claims
find_lawyershelp May 23, 2025

Motorcycle Accident Claims: How Do You Get Money from a Bike Accident?

Motorcyclists are among the most vulnerable road users in Australia. Unlike car drivers, they have minimal physical protection, which means that even minor accidents can lead to serious injuries. If you’ve been in a bike crash, you may be wondering how you can recover financially—especially if you’re facing medical bills, time off work, or long-term disability.

This guide explores how to pursue motorcycle accident claims, how compensation is calculated, and what steps to take to ensure you get the financial support you’re entitled to.

What Are Motorcycle Accident Claims?

Motorcycle accident claims are legal claims for compensation made by riders or pillion passengers who have suffered injury or loss as a result of an accident. These claims are usually lodged against the Compulsory Third Party (CTP) insurer of the at-fault vehicle in states like Queensland and New South Wales.

If the rider was not at fault—or only partially at fault—they may be eligible to claim for a variety of damages, including:

  • Medical expenses

  • Loss of income

  • Pain and suffering

  • Rehabilitation costs

  • Future care needs

Who Can Claim Compensation After a Motorcycle Accident?

You may be eligible to claim compensation if you were:

  • A motorcycle rider involved in an accident caused by another vehicle

  • A passenger on a motorcycle injured due to the rider or another driver’s negligence

  • A pedestrian or cyclist injured in a collision involving a motorcycle

In some states, even if the at-fault vehicle cannot be identified (e.g. in a hit-and-run), you may still be able to claim through a government scheme (such as the Nominal Defendant in Queensland).

What Can You Claim Compensation For?

Motorcycle accident claims typically cover:

1. Medical Costs

  • Ambulance fees

  • Hospital bills

  • GP and specialist appointments

  • Physiotherapy and rehabilitation

  • Prescription medication

2. Loss of Earnings

  • Time off work due to injury

  • Future lost income if you can’t return to work

  • Superannuation loss

3. Pain and Suffering

  • Compensation for physical and psychological trauma

  • Calculated using the Injury Scale Value (ISV) in Queensland

4. Ongoing Care and Support

  • Domestic assistance

  • Attendant care

  • Home modifications or vehicle modifications

5. Travel Expenses

  • Transport to and from medical appointments

  • Parking fees or ride services if you’re unable to drive

How Do You Make a Motorcycle Accident Claim?

The steps vary slightly depending on your state, but in general:

Step 1: Seek Immediate Medical Help

Your health is the top priority. Even if injuries seem minor, they should be properly assessed and documented.

Step 2: Report the Accident

  • Call the police if necessary (required for serious injuries or if the at-fault driver fled the scene).

  • Obtain a police report number—it will be required for your claim.

Step 3: Gather Evidence

Collect information including:

  • Details of the other party involved (name, rego, insurer)

  • Photographs of the accident scene and damage

  • Medical records and receipts

  • Witness statements

  • Dashcam footage, if available

Step 4: Submit a Notice of Accident Claim Form

In Queensland, this must be submitted to the at-fault driver’s CTP insurer within:

  • 1 month if you have consulted a lawyer

  • 9 months if you haven’t

Step 5: Consult a Personal Injury Lawyer

While not mandatory, it’s highly recommended. Motorcycle accident claims can be complex, and insurance companies will often try to minimise payouts. Lawyers can negotiate on your behalf, manage paperwork, and ensure your rights are protected.

How Much Money Can You Get from a Motorcycle Accident?

There is no one-size-fits-all answer. Payouts vary based on:

  • Severity and permanence of injuries

  • Your age and occupation

  • Medical and rehabilitation expenses

  • Time off work and future earning potential

  • Pain, suffering, and emotional trauma

Average Compensation Ranges in Queensland (Approximate):

Injury Type Estimated Payout
Minor fractures or whiplash $10,000 – $30,000
Serious leg or arm injuries $50,000 – $150,000
Spinal injuries $100,000 – $500,000+
Traumatic brain injury $250,000 – $1 million+
Amputation or paralysis $500,000 – $2 million+

What If You Were Partially at Fault?

Australia operates under the principle of contributory negligence. If you were partially responsible for the accident (e.g., speeding or not wearing proper safety gear), your compensation could be reduced.

For example, if you’re found 20% at fault, your total compensation might be reduced by 20%.

What If the At-Fault Driver Was Uninsured or Fled the Scene?

If the at-fault vehicle was unregistered, uninsured, or untraceable (hit and run), you can usually claim through the Nominal Defendant in your state. Strict time limits apply, so act quickly.

Legal Time Limits for Motorcycle Accident Claims

Action Time Limit
Submit claim form after consulting a lawyer 1 month
Submit claim without legal advice 9 months from date of accident
File court proceedings 3 years from date of accident

Note: Time limits may vary based on individual circumstances or if the injured person is a minor.

How Can a Lawyer Help?

Personal injury lawyers who specialise in motorcycle accident claims can:

  • Assess your eligibility for compensation

  • Help gather and present evidence

  • Submit and manage your claim

  • Deal with insurance companies

  • Represent you in court (if necessary)

Most operate on a “No Win, No Fee” basis, meaning you pay nothing unless your case is successful.

FAQ Table: Motorcycle Accident Compensation in Australia

Question Answer
Can I claim if I wasn’t wearing a helmet? Possibly, but your compensation may be reduced for contributory negligence.
Do I need a lawyer to make a claim? It’s not required, but highly recommended for complex or serious claims.
What if the other driver fled the scene? You can claim through the Nominal Defendant in your state.
How much time do I have to make a claim? Generally 1–9 months to file a claim and 3 years to start legal action.
What expenses can I claim? Medical costs, lost wages, care expenses, travel costs, and pain and suffering.
Can passengers on a bike make a claim? Yes, if they were injured due to another party’s negligence.
Will my claim affect my motorcycle insurance? No, claims are generally made through the at-fault driver’s CTP insurer.
How long does a claim take? Simple claims: 6–12 months. Complex or serious injuries: 1–3 years.
How is pain and suffering calculated? Based on the ISV scale and the impact on your life and health.
What if I was partially at fault? You can still claim, but compensation will be reduced accordingly.

Final Thoughts

Motorcycle accidents can be devastating, but financial recovery is possible. Through motorcycle accident claims, injured riders and passengers can access compensation that covers medical bills, lost income, and more. Whether you’re dealing with a minor injury or a life-altering condition, it’s important to understand your rights and act quickly.

Seek legal advice early, document everything, and don’t be afraid to push for the support you deserve.

If you’re unsure where to start, consult with a personal injury lawyer for a free case evaluation—you might be entitled to more than you think.

Category: 

Leave a Comment