If you or a loved one has been injured in a motorcycle accident, it’s important to understand the process of filing a claim and settling with the at-fault party. This blog post will provide an overview of what needs to be done when making an insurance claim after a motorcycle accident.
Risks of Riding a Motorcycle – In addition to the hazards of riding a motorcycle, there’s also the fact that motorcyclists are exposed to more accidents than car drivers. Motorcycle riders are six times more likely than car drivers to be involved in an accident; they’re also three times more likely to be injured, and four times as likely to die.
These statistics mean that you’ll be dealing with a unique set of injuries if you’re involved in an accident on your bike.
Prove for Accident Settlement
To get a motorcycle accident settlement, you must prove that the other party was negligent.You must also prove that the other party was at fault.You also need to show that you were injured in some way as a result of their negligence, whether it’s physical harm or emotional distress.
Finally, if you’ve been harmed by their negligence and they’re unable to pay out on their own insurance policies. Because they can’t afford it or don’t have any coverage at all which is usually because they’re uninsured.
Proving Negligence
Negligence is one of the causes of motorcycle accidents. It’s when someone does something that is not safe, and this results in a motorcycle accident. You can prove negligence by showing that the other person did something wrong or was careless during their ride.
For example: If you were hit by someone who was driving too fast on your street and causing traffic delays, you could sue them for your injuries as well as damages related to loss of income due to time off work while recovering from surgery (such as physical therapy).
Types of Damages In a Motorcycle Accident Claim
If you were involved in a motorcycle accident that resulted in injury, you may be able to recover damages for pain and suffering, lost wages and medical expenses. You may also be entitled to other types of damages such as property damage or loss of consortium.
Damages for Pain & Suffering:
Medical bills related to the injury (including hospitalization).
Physical therapy or rehabilitation costs if necessary after surgery or treatment is completed.
Damages for Lost Wages:
Salary lost due to inability to work due to injury sustained during an accident.
Calculating Future Lost Earning Capacity
Calculating future lost earning capacity is a crucial step in calculating the value of a motorcycle accident claim. It’s also one of the most misunderstood parts of this process.
To determine your future earning capacity, you’ll need to do two things:
Determine how much money you will be able to earn over the next five years (or more). This can be determined by looking at your salary history with companies or by consulting an insurance adjuster who specializes in this area.
Settlement Value vs. Trial Value
The settlement value of your case is the amount of money you are likely to get from a lawsuit. It’s often higher than what would have been awarded at trial, but it depends on many things including how much time has passed since your accident and whether there is evidence that supports your claim.
The trial value is simply what would have happened had you filed a lawsuit instead of settling with an insurance company or other party involved in your accident (like the driver who hit you). This can be helpful when determining how much time and effort go into filing for damages against another party—and whether they will pay up based on their liability insurance coverage limits or not!
What If the Motorcycle Rider Is Partially At Fault for the Accident?
If the motorcyclist was partially at fault for an accident and you are injured, you may be able to recover damages from their insurance company.
For example, if your motorcycle rider was speeding or doing something that caused another vehicle to rear-end them (e.g., tailgating), they may be liable for your injuries even though they were not driving negligently or recklessly.
In some cases it will be possible to sue both parties involved in a crash—for example: if two cars collided head-on while traveling down a highway at 100 miles per hour and one of them crashed into a car behind him/her which then hit another vehicle coming up from behind him/her. This would mean both drivers would need compensation for their injuries as well as any financial losses incurred due to the incident.
Average Settlement After an Accident
The average settlement for a motorcycle accident is around $50,000 to $ 100,000. However, this number can vary greatly depending on factors such as the severity of your injuries and how well you are able to negotiate with your insurance company. Again, this number will vary based on factors like age and gender among other things – but if you’re looking at getting paid out more than that amount then there may be some serious negotiations required!
Call a Lawyer After an Accident
If you’re injured in a motorcycle accident, it’s important to get legal help. You may be able to recover damages for medical bills and lost wages from your own insurance company, but if you don’t have the resources of an experienced lawyer on your side, then those funds won’t go very far.
As you can see, motorcycle accidents are a common cause of injury and death. Motorcycle riders must be more careful than any other driver when riding on public roads in order to avoid such incidents. However, if you have been injured by a driver who was driving recklessly or otherwise negligent, then it may be possible for your attorney to pursue compensation in court on your behalf.
If you’ve been involved in a motorcycle crash and need help getting through the process of filing a claim with the at-fault driver’s insurance company—or if there is any other question about how best to proceed—contact our experienced personal injury attorney at ABPC Law at our Milton office. Call us today at (289) 270-2419.