Why Motorbike Crash Claims Are Harder Than Car Ones
- leebrotherslegal91
- Jul 3
- 3 min read
Straight talk from a Queensland personal injury lawyer
Motorbike accidents are more dangerous. That’s obvious.
But what most people don’t realise is this:
💥 Motorbike injury claims are also harder to win — and harder to prove — than regular car crash claims.
Even if the crash wasn’t your fault, insurance companies often make it way harder for motorbike riders to get the compensation they deserve.
Here’s why 👇
⚖️ 1. Insurers Often Blame the Rider 😡
Whether it’s fair or not, motorbike riders are stereotyped as:
Risk-takers
Speeders
"Not paying attention"
Reckless on the road
So even if a car cut you off, insurers may still say:
❌ “You were speeding.” ❌ “You should have seen it coming.” ❌ “You were lane filtering illegally.”
✅ You’ll need to prove the other driver was at fault — with more evidence than a typical car driver would.
🛠️ 2. Injuries Are More Severe = Bigger Claims
Motorbike crashes often lead to:
🦴 Broken bones
🧠 Head injuries
🩹 Road rash
🦿 Permanent disability
That means:
Bigger medical bills
Longer time off work
Higher compensation amounts
🚨 The bigger the claim, the harder the insurer fights to avoid paying it.
📸 3. Less Evidence at the Scene
In car accidents, you’ve usually got:
Dashcams
Airbag deployment data
More witnesses
Clear vehicle positions
But with motorbike accidents:
The rider may be thrown far from the road
Bikes often end up in ditches, bushes, or other lanes
Helmets don’t record video 😅
Riders may be unconscious or disoriented after the crash
That makes reconstructing the accident harder — and gives insurers room to argue.
🚫 4. Lane Filtering Confusion
In Queensland, lane filtering (riding between cars) is legal in some situations — but many drivers and insurers don’t understand it.
So even if you were doing it legally, you might hear:
❌ “You were weaving between traffic.” ❌ “You were riding dangerously.” ❌ “You’re partly at fault.”
💡 This is where a personal injury lawyer who understands QLD bike laws becomes essential.
🧠 5. Riders Don’t Always Realise They Can Claim
Motorbike riders often:
Don’t go to hospital right away (“I’ll walk it off”)
Assume they’re at fault (even when they’re not)
Don’t realise the other driver’s CTP insurance can cover:
✅ Medical bills
✅ Lost income
✅ Pain and suffering
✅ Long-term rehab
🛑 This means some riders miss out on $50,000+ in compensation they legally deserve.
🧾 Real Gold Coast Example
A 36-year-old rider was hit by a driver merging without checking mirrors. He fractured his arm and missed 4 months of work. The insurer first claimed: ❌ “He was lane filtering unsafely.” ✅ His lawyer proved it was legal under QLD law and used CCTV footage. 💰 Final settlement: $148,000
✅ What You Can Do to Protect Your Claim
Step | Why It Helps |
📷 Take photos of everything | Proves position of vehicles & road hazards |
🧍 Get witness names | Third-party accounts are powerful |
🧾 See a doctor immediately | Medical records = legal proof |
🚔 Report to police | Creates an official crash record |
🧑⚖️ Talk to a personal injury lawyer | Maximises your payout + builds strong case |
⏳ Queensland Time Limits (for Motorbike Injury Claims)
📆 Action | ⏰ Deadline |
Notify CTP insurer | 1 month (after seeing a lawyer) |
Lodge Notice of Accident Claim | Within 9 months |
Begin court proceedings | Within 3 years |
Don’t wait. Delay = weaker claim and lost evidence.
⚖️ Why You Need a QLD Personal Injury Lawyer
Motorbike claims aren’t like car claims.
They require:
✅ Strong legal arguments
✅ Detailed medical reports
✅ Expert crash reconstructions (sometimes)
✅ Someone who knows lane filtering laws and QLD road rules
A good lawyer will:
Prove you weren’t at fault
Handle the insurer so you don’t have to
Maximise your compensation
Work on a No Win, No Fee basis
You focus on healing — they’ll do the rest.
Why Motorbike Claims Are Harder Than Car Ones
🚗 Car Claims | 🏍️ Motorbike Claims |
More witnesses, cameras | Less evidence at crash scene |
Lower injuries = lower payout | Higher injuries = insurer fights harder |
Fewer stereotypes | Riders often unfairly blamed |
Simple road positioning | Lane filtering makes things legally complex |
Claims often straightforward | Claims often challenged & delayed |


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