Making a claim after a fatal motorcycle accident
If you have lost someone you love in a motorcycle accident that was not their fault, we are so sorry. No claim can undo that loss. This guide explains, gently, what may be possible. Close family members may be able to bring a claim for financial security and accountability. Specialist solicitors can handle everything sensitively.
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Contents
We are sorry for your loss
Losing someone in a road accident is devastating, and money is not the point. Nothing can replace the person you have lost.
A claim exists for a narrower reason: to provide financial security for the family and to hold the responsible party to account. If you are reading this in the early days, there is no rush to decide anything today. This is only here for when you feel ready.
Who can bring a claim?
Under the Fatal Accidents Act 1976, dependants can claim. This includes a spouse or civil partner, a partner who lived with the deceased for at least two years, and children.
In some cases parents can claim too. The rules define who counts as a dependant, so a specialist solicitor can confirm gently whether you or other family members are able to bring a claim.
What is the bereavement award?
The statutory bereavement award is a fixed sum set by law, currently £15,120 for deaths on or after 1 May 2020. It recognises the grief of losing a close family member.
It is payable to a limited group, such as a spouse or civil partner, or the parents of a child under 18. Not every family member is eligible for this particular award, but other types of claim may still apply.
Can we claim funeral expenses?
Yes. Reasonable funeral expenses can be claimed. This helps ease one of the immediate financial pressures that follow a sudden death.
What counts as reasonable depends on the circumstances. A solicitor experienced in fatal claims can guide you on what can be included, so you are not left worrying about the cost of saying goodbye.
What is a dependency claim?
A dependency claim covers the loss of what the person provided to the family. That includes their income and the services they gave day to day.
Services can mean practical support such as childcare, maintaining the home, or caring for a relative. Where a family relied on that person financially or practically, a dependency claim aims to reflect that ongoing loss.
What is a claim by the estate?
A claim can also be brought by the estate under the Law Reform (Miscellaneous Provisions) Act 1934. This covers losses the person suffered before they died.
It can include the pain and suffering they experienced and financial losses in that period. This claim is separate from the dependency claim and the bereavement award, and a solicitor can bring them together where appropriate.
How long do we have to claim?
The time limit is generally 3 years. This usually runs from the date of death, or from the date the family knew the death was linked to the accident.
We mention this only so nothing is lost by waiting too long. There is no pressure to act before you are ready, and a solicitor can explain how the limit applies to your situation.
How can specialist solicitors support us?
Specialist solicitors experienced in fatal claims can handle everything sensitively. They can deal with the paperwork and the insurers so the family does not have to.
They can also support the family through an inquest, which many families find daunting. Bike Crash Claims does not give legal advice and is not a solicitor. We can introduce your family, when you are ready, to regulated specialist solicitors who handle these claims with care.
Need specific advice for your situation?
Every accident is unique. Speak to our specialist team for a no-obligation assessment of your case.
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Related Guides
Do You Need a Solicitor
You can bring a motorcycle accident claim yourself as a litigant in person, but using a specialist solicitor is strongly advisable. Bike claims involve issues most people never encounter, from filtering to claiming for gear. Most claims run on a no win no fee basis with no upfront cost, and insurers' first offers are often low. A specialist negotiates for the proper value.
Hit And Run Claims
If you were hit by a driver who cannot be traced or who has no insurance, you can still claim through the Motor Insurers' Bureau (MIB). Being hit by an untraced or uninsured driver does not mean you are left with nothing. Reporting to the police quickly and gathering evidence gives your claim the best footing.
Compensation Payouts
Forget the online calculators that promise a random number. Real compensation is based on hard medical evidence and exact financial losses. If you were knocked off your bike and it wasn't your fault, we connect you with specialists who ensure every single penny you lost is accounted for in your claim.
Sources and references
The figures and legal points in this guide are drawn from the sources below. Laws, limits and set amounts can change over time, so please check the current position or ask a regulated specialist about your own situation.
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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