Motorcycle accident claims in Scotland: Know your rights

How is liability determined?

Liability refers to legal responsibility for causing an accident.

The fact that a motorcyclist has suffered injuries does not automatically mean another party is at fault.

Each case will depend on its own facts and the actions of everyone involved in the lead-up to the collision.

A driver may be found liable if they:

• Pulled out from a junction when it’s unsafe to do so
• Turned across the path of an approaching motorcycle
• Changed lanes without carrying out proper observations
• Failed to maintain a safe stopping distance
• Attempted an unsafe overtaking manoeuvre
• Otherwise failed to exercise reasonable care on the road

When assessing liability, insurers and solicitors will consider a range of evidence alongside the relevant provisions of the Highway Code.

What happens if liability is disputed?

Disputes about fault are common in motorcycle accident claims.

Insurers may argue that the motorcyclist was travelling too quickly, was poorly positioned on the road or failed to take reasonable steps to avoid the collision. In some cases, both parties may bear a degree of responsibility.

This is known as contributory negligence.

A finding of contributory negligence does not necessarily prevent a claim from succeeding. However, it may lead to any compensation award being reduced to reflect the injured person’s share of responsibility.

For that reason, it is important not to assume that a claim cannot proceed simply because allegations have been made against you. A careful review of the available evidence is often required before liability can be properly assessed.

Can you claim compensation if you were filtering through traffic?

Motorcycle filtering involves riding past stationary or slow-moving traffic, often between lanes of vehicles. Filtering is not automatically unlawful in Scotland, but riders must take reasonable care when carrying out the manoeuvre.

Rule 88 of the Highway Code advises motorcyclists to keep their speed low when filtering and remain alert to other road users.

If you are injured while filtering, you may still be entitled to compensation if another driver was negligent. For example, a driver may have changed lanes without checking their mirrors or pulled out into your path.

Liability will depend on the circumstances, including the motorcycle’s speed and position, the actions of other road users and the surrounding traffic conditions.

If both parties contributed to the accident, compensation may be reduced to reflect contributory negligence. A motorcycle accident solicitor can assess the evidence and advise whether you have grounds to make a claim.

The responsibilities of motorcyclists

Motorcyclists have the same duty as all road users to take reasonable care and comply with road traffic laws.

The Highway Code contains specific guidance for riders, including requirements relating to protective helmets, road positioning, overtaking, signalling and observation.

Motorcyclists should:

• Wear a compliant and properly fastened safety helmet
• Carry out appropriate observations before manoeuvring
• Use road positioning appropriately
• Maintain awareness of surrounding traffic
• Adapt to changing road and weather conditions

Whether these responsibilities were met may become relevant if liability is disputed following an accident.

Evidence that can support a motorcycle accident claim

Strong evidence can make a significant difference when establishing how an accident occurred and proving the extent of any injuries.

Photographs

Photographs taken after the accident can help record important details, including:

• The accident scene
• Vehicle positions
• Damage to vehicles
• Road markings and signage
• Road surface conditions
• Visible injuries

Witness evidence

Independent witnesses can provide valuable evidence, particularly where the parties involved have differing accounts of events.

If possible, obtain the names and contact details of anyone who saw the accident.

CCTV and dashcam footage

Video footage can often provide the clearest evidence of the moments leading up to a collision.

Potential sources include:

• Dash cams
• Nearby businesses
• Residential properties
• Local authority CCTV systems

As footage may be deleted after a relatively short period, it is usually important to investigate its availability as soon as possible.

Police reports

If the accident was reported to Police Scotland, retain any reference numbers and details provided. Police records may assist with subsequent investigations.

Medical evidence

Medical records and independent medical examinations are often required to establish the nature and extent of injuries and assess how they have affected the injured person’s daily life, employment and future prognosis.

An experienced motorbike accident solicitor can advise on what evidence will be needed to support your claim.

Common motorcycle accident injuries

Motorcycle accidents can result in a wide range of injuries, from relatively minor soft tissue injuries to life-changing trauma.

Examples include:

• Fractures and broken bones
• Soft tissue injuries
• Back and neck injuries
• Shoulder injuries
• Knee and leg injuries
• Head injuries
• Facial injuries and scarring
• Psychological injuries, including anxiety and post-traumatic stress disorder

The impact of these injuries can vary significantly. While some individuals make a full recovery, others may face ongoing symptoms, restrictions on work or long-term rehabilitation.

What compensation can be claimed?

The value of a motorcycle accident claim will depend on the individual circumstances of the case and the losses that have been suffered.

Photographs

Compensation can be awarded for the physical and psychological effects of the injuries, considering their severity, duration and impact on day-to-day life.

Loss of earnings

If your injuries prevent you from working, you may be able to recover lost income.

In more serious cases, compensation may also be available for future loss of earnings where injuries have a lasting impact on career prospects or earning capacity.

Treatment and rehabilitation costs

Reasonable costs incurred for treatment, rehabilitation or recovery may be recoverable, including:

• Physiotherapy
• Counselling
• Specialist treatment
• Rehabilitation programmes

Care and assistance

Where family members or friends have provided support with everyday activities during recovery, this assistance may form part of the claim.

Additional financial losses

Other out-of-pocket expenses may also be recoverable, depending on the circumstances.

Examples can include:

• Travel expenses
• Medication costs
• Damaged clothing or equipment
• Vehicle recovery costs

It is always advisable to keep invoices, receipts and other records of expenditure following an accident.

What if the other driver was uninsured or left the scene?

Many people assume that compensation is not available if the driver responsible was uninsured or cannot be identified. However, that is not necessarily the case.

In certain circumstances, claims can be pursued through the Motor Insurers’ Bureau (MIB), which provides a mechanism for compensating victims of uninsured and untraced drivers.

These claims operate under a separate scheme and can involve specific procedural requirements, making early legal advice particularly important.

How long do you have to make a claim in Scotland?

In most cases, court proceedings for a personal injury claim in Scotland must be raised within three years of the date of the accident.

There are exceptions to this rule, particularly in relation to children and certain other circumstances.

Although three years may seem like a long time, it is generally advisable to seek legal advice as soon as possible. Early investigations often make it easier to preserve evidence and obtain witness information while events remain fresh in people’s minds.

When should you speak to a motorcycle accident solicitor?

You should consider obtaining legal advice if:

• You have been injured in a motorcycle accident caused by another road user
• Liability is disputed
• Allegations of contributory negligence have been made against you
• You have suffered serious or ongoing injuries
• Your injuries have affected your ability to work
• You have incurred significant financial losses
• The responsible driver was uninsured
• The responsible driver cannot be traced
• CCTV, dashcam or witness evidence requires to be obtained

Early advice can help clarify your legal position and ensure important evidence is preserved before it is lost.

What is the process for making a motorcycle accident claim in Scotland?

Making a motorcycle accident claim in Scotland usually involves investigating the collision, establishing liability and assessing your injuries and financial losses.

Your solicitor can gather evidence, contact the other driver’s insurer and arrange medical assessments to establish the extent of your injuries and their impact on your life.

Many claims are resolved through negotiations without court proceedings.

Scotland has a Personal Injury Pre-Action Protocol that applies to certain claims and encourages early investigation and settlement.

If liability is disputed or an agreement cannot be reached, court proceedings may be necessary.

The time required to settle a motorcycle accident claim depends on factors such as the severity of your injuries, whether responsibility is accepted and the availability of supporting evidence.

An experienced motorcycle accident solicitor can explain each stage of the process and advise you on the options available.

How Calio can help

At Calio, we understand the serious impact a motorcycle accident can have on every aspect of your life.

Whether you are dealing with physical injuries, time away from work or uncertainty about who was at fault, our experienced personal injury team can guide you through the claims process.

We can investigate the circumstances of the accident, establish liability, obtain the medical evidence needed to support your claim and pursue compensation for the losses you have suffered.

Frequently asked questions about motorcycle accident claims