How Much Are Most Motorcycle Accident Settlements?

If you were injured in an accident while riding your motorbike, it is important to seek legal counsel as soon as possible. Victims of motorcycle crashes often sustain serious, life-altering injuries. Any settlement of your accident claim needs to account for all of the losses you face, both now and in the future.

Favourable motorcycle accident settlements don’t happen automatically. Sometimes, it is only through the diligent work of an experienced lawyer that fair compensation can be obtained. The motorbike accident lawyers at Henry Carus + Associates will fight for the outcome you deserve.

Call us at 03 9001 1318 today for a FREE, no-obligation consultation. We represent clients in motorbike injury claims throughout metropolitan Melbourne and other areas of Victoria.

How Much Compensation Do You Get for a Motorcycle Accident?

Certain benefits are guaranteed under Victoria’s Transport Accident Commission scheme, or TAC. If you are seriously injured in a road accident, the TAC will pay for the following regardless of who was at fault:

• The cost of needed medical care, services, and supports
• Income support for lost earnings
• Return to work assistance
• An impairment benefit, if your injuries are assessed at 11% permanent impairment or higher

You may also be entitled to common law damages if you were seriously injured in a motorbike accident due to someone else’s negligence. The definition of ‘serious injury’ can be found in Section 93 of the Transport Accident Act 1986 but, in essence, the terms covers:

• Serious, long-term loss or impairment of a body function
• Permanent and significant disfigurement
• Severe, long-term mental or behavioural disturbance or disorder
• Loss of a foetus

Common law damages compensate you for the loss of past or future earnings and pain and suffering. This compensation recognises the long-term effects of serious motorcycle accident injuries.

Read More: What Is the Most Common Injury in a Motorcycle Accident?

What Is the Maximum Compensation for a Motorbike Accident?

Starting 1 July 2025, the TAC caps common law damages for loss of earnings at $1,530,470 and pain and suffering damages at $680,160. According to the TAC’s own figures, people with serious injuries from transport accidents are paid $2.25 million on average.

Factors Affecting Motorcycle Accident Settlements

Every accident claim is unique. Some motorcyclists make a full recovery, while others sustain life-altering injuries. Those in the second category may be entitled to common law compensation from the TAC. If you qualify for common law damages (i.e., you have a serious injury and someone else caused the accident), a personal injury lawyer can negotiate a settlement on your behalf.

Multiple factors can influence what the TAC is willing to offer in a motorcycle accident settlement. These include:

• The seriousness of your injuries: Your settlement is likely to be higher if the injuries require extensive and ongoing medical care, prevent you from working, and cause severe pain and psychological distress.
• Loss of earnings: The income you’ve lost to date is calculated based on your pre-injury earnings. You may need to undergo vocational assessments to quantify loss of future earning capacity.
• Impact on daily life and well-being: When calculating pain and suffering damages, factors such as the ability to care for yourself and enjoy favourite activities and hobbies must be included.
• Contributory negligence: The TAC uses a contributory negligence standard in accident claims. If you were partly at fault for the accident, damages are reduced according to your percentage of fault.
• Age at the time of the accident: Younger claimants may receive higher settlements because the loss of earnings is greater, and they will have to live with the adverse effects for much of their lives. TAC accident claims involving children are especially complex, as the long-term effects on development and work capacity must be thoroughly established.

Settlement negotiations should be entrusted to a lawyer well-versed in the TAC’s Common Law Protocols. These procedures are designed to expedite common law compensation claims and reduce the need for Court proceedings. However, sometimes going to Court is the only option for obtaining the maximum compensation you deserve for a motorbike accident.

What to Do After a Motorcycle Accident

The steps you take after a crash can affect your safety, your potential settlement, and your physical and emotional well-being. If possible, you should try to do the following if you are injured while riding your motorbike:

1. Move to safety and call 000.
2. Seek medical attention straight away, both at the scene and the nearest emergency department.
3. Report the accident to the closest police station.
4. Photograph the scene, the vehicles involved, and your injuries.
5. Talk to witnesses and get their contact information.
6. Get any other driver’s name, address, and vehicle registration number.
7. Cooperate with law enforcement (but don’t admit fault or offer unrequested information).
8. Speak to a motorcycle accident lawyer to get help lodging a TAC claim.

Your #1 priority should be recovering from your injuries. A capable TAC accident lawyer can help you apply for benefits and any additional compensation you are due while you focus on your well-being.

How Long Do I Have to Lodge a Motorbike Accident Claim?

Generally, claims must be filed with the TAC within just 12 months of the date of the accident. This requirement is satisfied by lodging a claim with the TAC online or over the phone, or if you are taken to hospital and the hospital submits a claim form to the TAC.

Common law compensation claims are subject to a different limitation period. You have up to 6 years from the date of the accident to lodge a claim for common law damages with the TAC. This gives your injuries time to stabilise and allows for the gathering of evidence to support your claim.

Expert Assistance with Motorcycle Accident Settlements

At Henry Carus + Associates, we believe You Deserve More. Our lawyers identify all of your entitlements following a motorbike accident. This may include no-fault benefits, an impairment benefit, common law compensation, and more.

If you are entitled to common law damages, we make it our mission to negotiate a favourable settlement on your behalf. We have extensive experience navigating the TAC Common Law Protocols and obtaining maximum compensation for motorcyclists and other clients injured in road accidents.

Read Our TAC Client Success Stories.

A motorcycle accident settlement should compensate you fairly for your losses and ensure that you have the financial means to meet the challenges ahead. The TAC may not want to pay what you deserve. Our team can collect the evidence needed to overcome disputes, skilfully negotiate the optimal settlement, and (if necessary) commence Court proceedings to maximise your compensation.

Have you or someone you love been injured in a motorcycle accident in or around Melbourne? Call Henry Carus + Associates at 03 9001 1318 for a FREE, no-obligation consultation.