I crashed my motorbike on black ice, will I be able to claim compensation?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    I crashed my motorbike on black ice, will I be able to claim compensation?

    Black ice is one of the most dangerous and treacherous road conditions to handle during the colder months of the year. While you can sometimes see icy patches on the roads, you have no way of knowing black ice is there until your wheels hit it and you find yourself sliding all over the place.

    How often are claims made involving black ice?

    One of the common questions we are asked involves the possibility of making a claim for compensation if your motorbike crashes as a result of hitting a patch of black ice. In truth, this is one of the more complex claims to put forward. This is why we would advise anyone who finds themselves in this situation to come to us and speak to a specialist solicitor. They can take the details of your case and see whether or not you do have a case to bring against anyone.

    Does it matter where my accident took place?

    A lot can depend on where you had the accident. For example, if you are riding your motorbike on private land or in a car park owned by a business, you might have grounds to make a claim. It is the responsibility of the owners of the land to ensure it is kept clear and safe for people to use. In this case, you may be able to prove the landowner did not grit the surface even though bad weather was indicated. Your solicitor will be able to advise you of whether you have a case in this type of situation.

    The other major situation we see is the instance of bike crashes on black ice on the road. If you are involved in this type of accident, you may have a case against the council, but it is one of the most challenging cases to bring.

    Should I seek professional legal advice before making a black ice accident claim?

    We strongly advise you get a solicitor to help you with your claim for compensation. They will be able to determine who is responsible for the location where the incident took place, whether the council or property owner should have gritted the area, and whether they failed to do so. If this can be proven, you may be successful in your claim.

    Contact a solicitor today to find out more about the possibilities for claiming for this type of accident.

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