Can You Claim for a Damaged Helmet and Motorcycle Gear?
If your motorcycle accident was not your fault, you may be able to claim for damaged protective gear as part of your special damages. That includes your helmet, leathers, gloves, boots, armour and more. A helmet that took any impact should be replaced, even if it looks fine, and that cost can usually be claimed. A specialist solicitor can advise on your situation.
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Contents
Can you claim for damaged motorcycle gear?
Yes. When an accident was not your fault, damaged protective equipment is recoverable as part of your special damages, which are your financial losses from the crash.
The principle is simple. Your gear was damaged because of someone else's negligence, so the cost of replacing it forms part of what you may recover. The stronger your proof of what you owned and how it was damaged, the more straightforward this part of your claim tends to be.
What protective equipment can you claim for?
You can potentially claim for the full set of kit you were wearing or carrying. This commonly includes your helmet, leather or textile suit, gloves, boots, back protector and body armour, and base layers.
It can also cover waterproofs, comms or intercom systems fitted to your helmet, and luggage such as panniers, a tank bag or a top box that was damaged in the accident. If an item was ruined or made unsafe by the crash, it is worth listing it. A specialist solicitor can help you build a full schedule of your losses.
Why a helmet should be replaced after any impact
A helmet that has been in any impact should be replaced, even if it looks undamaged on the outside. The protective foam liner inside is designed to crush once to absorb energy, so it is effectively single use.
Because you cannot see that internal damage, riding on in a helmet that has taken a hit is a real safety risk. The cost of a replacement helmet can usually be claimed after a non-fault accident, and the case for full replacement of single use safety equipment is strong.
Evidence you need to claim for damaged gear
Good evidence makes this part of your claim much easier. Where you can, provide proof of purchase such as receipts, order confirmations or bank statements showing what you paid.
Photograph the damage clearly before you throw anything away, and keep the damaged items themselves, as they can be inspected as evidence. Note the make, model and age of each item too. If you no longer have receipts, do not worry, as a specialist solicitor can advise on other ways to evidence what you owned.
What about depreciation and betterment?
Insurers sometimes argue for a reduction to reflect the age of your gear, raising depreciation or what is called betterment, the idea that a new item leaves you better off than before.
For single use safety equipment such as a helmet, the argument for full replacement is strong, because a part worn helmet that has taken an impact cannot safely be reused. For other items, the position can vary. A specialist solicitor can respond to these arguments and put your case for a fair replacement figure.
Other personal items you can claim for
Your claim is not limited to riding gear. Other personal items damaged in the accident can often be included too.
This might cover a phone, prescription glasses, a watch, clothing, a smartwatch or anything else that was broken in the crash. As with your gear, keep the damaged items, take photos and hold on to any proof of purchase. List everything, as small items add up and all of it forms part of your special damages.
How the gear claim fits into your wider claim
Claiming for damaged gear is usually one part of a wider motorcycle accident claim. Alongside your kit, you may be able to recover other financial losses such as bike repairs, lost earnings and treatment costs, plus general damages for your injuries.
Bike Crash Claims introduces injured riders to regulated specialist solicitors and motorcycle accident specialists who can pull all of these losses together into one claim. We are not solicitors and do not give legal advice ourselves, so a specialist can advise on your specific situation.
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This guide is general information about motorcycle accident claims in the UK. It is not legal or financial advice. Bike Crash Claims is an introducer: we connect riders with regulated specialist solicitors and motorcycle accident specialists, and we are not solicitors ourselves. Whether you can claim, and what any claim may be worth, always depends on your individual circumstances, and nothing here is a guarantee of any outcome or amount. For advice on your own situation, please speak to a regulated specialist.
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