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Motorcycle Accident That Wasn't Your Fault: What to Do Next

Been hit on your bike through no fault of your own? What to do at the scene, who to tell, and how to get back on the road with a hire bike and support.

Being hit when you were riding properly is stressful, and it can leave you hurt, without a bike and unsure what to do next. This guide covers what to do at the scene, who to tell afterwards, and how to get moving again while the claim is dealt with. It is general information, so always check your own insurance policy and take advice on your situation.

1. At the scene: stay safe first

  • Get yourself and others out of danger if you can do so safely. Switch off your bike's ignition and put hazard lights on if they work.
  • Call 999 if anyone is injured, if the road is blocked, or if you think the other driver is not who they say they are or has left the scene.
  • Do not remove your helmet if you may have a head, neck or back injury, unless medical help tells you to.
  • Get checked. Adrenaline can hide injuries, so see a medical professional even if you feel fine. It also creates a record if symptoms appear later.

2. Collect the evidence

If you are able to, gather as much as you can. If you cannot, ask a friend, a witness or a passer-by to help.

  • The other driver's name, address, phone number, insurer, and vehicle registration number.
  • Make, model and colour of their vehicle.
  • Names and contact details of any witnesses.
  • Photos and video of the scene, the vehicles, the road layout, road markings, signs, skid marks, debris and the weather and light conditions.
  • Damage to your bike, gear, helmet and clothing. Keep damaged gear, and do not throw it away or repair it until it has been recorded.
  • Dashcam or helmet-camera footage, if you have it. Save it somewhere safe straight away.
  • The time, date and exact location.

3. Be careful what you say

Exchange details, but do not admit fault or apologise in a way that could be taken as accepting blame, even out of politeness. Stick to the facts. If the other driver is upset or argumentative, do not get into an argument. Wait for the police if they are called.

4. Report it

  • Police: if anyone is injured, or if you could not exchange details at the scene, the accident should be reported to the police. Ask them for a reference number. If you are unsure whether you need to report it, report it.
  • Your insurer: tell them promptly, even if you were not at fault. Many policies require you to report any incident. Check what your policy says about legal expenses cover and about replacement vehicles.

5. Get your bike assessed and safe

Do not ride a bike that may be damaged. Frames, forks, wheels, brakes and controls can be bent or cracked in ways that are not obvious, and a bike with accident damage may be unsafe to ride. Get it recovered and inspected. Take photos before anything is moved or repaired. If you are unsure about the condition of any bike, see our guide to test riding and our used bike checklist for what to look at.

6. Your gear

Helmets that have taken an impact should generally be replaced, even if they look undamaged, because the protective structure inside may be compromised. Keep the damaged helmet and gear as evidence until you have been told you can dispose of them. For help choosing a replacement, see our helmet guide.

7. Getting back on the road

One of the biggest problems after a non-fault accident is being without transport while the claim is sorted out. Some riders rely on their bike for work, and waiting for a repair or settlement can take time. Options include:

  • Your own insurer's arrangements, if your policy offers a courtesy or replacement vehicle. Check the terms.
  • A claims or accident management service that can arrange a hire bike while your claim is dealt with.

DH Superbikes works with McAMS to help riders after an accident. According to their page, McAMS can help with a hire bike delivered to your door, a like-for-like replacement, recovery and assessment of your bike, and introductions to specialist solicitors. You can start an enquiry on the McAMS page for DH Superbikes customers, or call McAMS on 0345 054 1000, which they list as open 24 hours a day, 7 days a week.

Before you agree to anything, ask any provider, including McAMS, to explain in writing how the hire works, whether it is a hire arrangement that is later claimed back from the other party's insurer, what you might be responsible for if the claim is not successful, and what the terms are. Make sure you understand the paperwork before you sign. Services and eligibility depend on the circumstances of your accident.

8. Injuries and legal advice

If you were injured, you may be able to claim for your injuries, as well as for the damage and costs caused by the accident. Keep a record of medical treatment, time off work and any costs, and keep receipts for things like recovery, repairs, replacement gear, travel and prescriptions. A specialist solicitor can advise on a claim. Check whether you have legal expenses cover on your motorbike or home insurance, as this can help meet the cost of getting advice. Do not feel pressured to accept a quick settlement offer before you know the full extent of your injuries and losses.

9. Keep a record

  • Write down what happened as soon as you can, while it is fresh.
  • Keep all letters, emails, texts, quotes and receipts together.
  • Keep a note of every call: who you spoke to, the date, and what was said.

10. If you were partly to blame, or you are not sure

Not every accident is clear cut. If fault is shared or disputed, do not assume it is your fault. Give the facts to your insurer and get advice before accepting responsibility. Fault is decided on the evidence, which is another reason it is worth collecting it at the scene.

11. Getting a replacement bike

If your bike is a write-off or the repair takes a long time, you may want to replace it. Compare your options and read our guides on HP vs PCP finance and using part exchange as a deposit. If you are not sure what the bike is worth or if you have outstanding finance on it, read about selling a bike with outstanding finance. For the next bike, also see our security guide and make sure you are covered to ride, as in our licence guide.

Reducing your risk

You cannot stop other people making mistakes, but you can make yourself easier to see and give yourself more time to react. Read our guides on riding safely in wet and cold weather and tyre condition, and keep your bike properly maintained. A bike with an in-date MOT and good brakes gives you the best chance of avoiding a collision.

Quick checklist

  1. Get safe. Call 999 if needed.
  2. Get medical attention.
  3. Exchange details. Do not admit fault.
  4. Take photos and get witnesses.
  5. Report to the police if required, and tell your insurer.
  6. Do not ride a damaged bike. Get it inspected.
  7. Keep your damaged gear and all paperwork.
  8. Ask for the terms in writing before you agree to any hire, repair or claims service.
  9. Get advice from a solicitor if you were injured.

Frequently asked questions

Do I have to tell my insurer if it was not my fault? You should check your policy, but most insurers expect to be told about any incident, so it is sensible to report it promptly.

Will a non-fault claim affect my no-claims bonus? It depends on your insurer and on whether your costs are recovered. Ask your insurer how they treat it.

Can I get a hire bike? You may be able to, either through your insurer or through an accident management service. Ask for the terms in writing first.

Can I ride my bike home after a minor accident? Only if you are certain it is safe, which can be difficult to judge. Damage to frames, forks, wheels and brakes is not always visible. It is usually safer to have it recovered and checked.

Do I need a solicitor? Not always for minor damage, but if you were injured, a specialist solicitor can advise on your options.

Need help after an accident?

If you have been in an accident and need a bike while yours is dealt with, contact DH Superbikes and we can point you in the right direction, or go straight to McAMS.

This article is general information, not legal or financial advice. Every accident is different, so check your own policy and take advice on your circumstances. McAMS is a separate company. DH Superbikes is not responsible for its terms or services.

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