Can You Claim Lost Earnings After a Motorcycle Accident?

What counts as loss of earnings in a motorcycle accident claim?

Loss of earnings covers the income you lost because of a non-fault accident. It is claimed as part of your special damages, which are the financial losses you can put a figure on.

This is not only your basic pay. It can also include lost overtime, bonuses, commission, lost pension contributions and any shortfall where you received Statutory Sick Pay instead of your full wage. The aim is to put you back in the financial position you would have been in had the accident not happened.

Because every rider's work and pay is different, a regulated specialist solicitor can review your circumstances and explain what may be recoverable in your case.

Past lost earnings and future loss of earnings explained

There are two main parts to a lost income claim. Past lost earnings cover the pay you have already missed while recovering from your injuries.

Future loss of earnings, sometimes called loss of earning capacity, applies when your injuries mean you cannot return to the same job or the same hours. This might affect you if you have to change roles, drop overtime, work fewer days or leave a physically demanding trade.

Future losses are more complex to assess because they look ahead. They usually rely on medical evidence about your recovery and expert input on your work prospects.

How employed riders prove lost income

If you are employed, you evidence lost pay with payslips and a letter from your employer confirming the time you were off and the pay you lost.

Gather payslips from before the accident to show your normal earnings, then payslips covering your time off. Ask your employer to confirm lost overtime, bonuses, commission and any pension contributions you missed. If you received Statutory Sick Pay, keep a record of it, as the gap between that and your usual wage can often be claimed.

How self-employed riders prove lost income

If you are self-employed, you evidence your losses with your accounts, tax returns or SA302s, invoices and any contracts you lost because you could not work.

Self-employed claims are often more complex because income can vary from month to month. Good records make a real difference. Keep evidence of work you had to turn down, jobs that were cancelled and any extra costs, such as paying someone to cover your workload. A specialist solicitor can help you present this clearly.

Special damages versus general damages

It helps to understand the two types of compensation. Special damages are your financial losses, such as lost earnings, damaged gear, travel costs and treatment you paid for.

General damages are different. They compensate you for the pain, suffering and loss of amenity caused by your injuries, meaning the impact on your day to day life and the things you can no longer do. Loss of earnings sits firmly within special damages, alongside your other out of pocket costs.

Can you get money before the claim settles?

In some cases, yes. Where the other side has admitted fault, an interim payment may be possible before your claim is finally settled.

An interim payment is money paid on account of your likely compensation. It can help with lost income, bills or treatment while you wait for the claim to conclude, which can take time with more serious injuries. Whether an interim payment is available depends on your case, and a specialist solicitor can advise on this.

How long do you have to claim?

In most cases the time limit to start a claim is three years from the date of the accident. If you do not settle or issue court proceedings within that period, you may lose the right to claim.

There are some exceptions, for example for those under 18 or where someone lacks mental capacity. Even so, it is sensible not to wait, because gathering payslips, accounts and medical evidence takes time and memories fade.

Keeping the right records and medical evidence

Keep every financial record connected to your accident. That means payslips, accounts, invoices, bank statements, receipts and any letters from your employer.

Medical evidence matters just as much. Your claim needs to link your time off work to the injuries from the accident, so see your GP or hospital and keep a note of your treatment and recovery. Bike Crash Claims introduces injured riders to regulated specialist solicitors who can gather this evidence and advise on your loss of earnings claim. We are not solicitors and do not give legal advice ourselves.