The amount of motorcycle accident insurance payment depends heavily on the facts and circumstances surrounding your specific motorcycle accident. Every motorcycle accident has different injuries and circumstances, so it is highly unlikely that two motorcycle accident comparisons will result in the same financial outcome.
Determination of relevant factors from the crash
As a victim of a motorcycle accident injured by another person’s negligence, you and your legal counsel must demonstrate that you deserve the compensation claimed. When a compensation amount is reached, factors from the accident are used to determine the amount and entitlement. Below are the areas that you and your attorney need to focus on to ensure maximum compensation.
Prove guilt in the motorcycle accident
Some motorcycle accidents are cut and dry. The defendant caused the accident, no questions asked, and your settlement will be awarded after the hearing. Other times it’s not so easy. To prove negligence, you may need the traffic certificate issued by the defendant during the accident, eyewitness accounts, etc.
In most accidents, insurance companies prefer to conduct negotiations outside of the courtroom. For this reason, many of these claims for damages never reach a court, particularly when there is improper evidence of the accused’s guilt.
A surefire way to prove the defendant was at fault is to prove they were distracted. Some common driver distractions include:
• Distractions on the road or in the car
• cell phones
• Poor eyesight
• Sleep deprivation
Different states have different liability measurements in auto and motorcycle accidents. If your state assigns a percentage of blame for the accident, you only get a percentage of the severance payment. Much is determined by the ability of the defendant’s insurance company to assume some or all of the liability from their customer.
Insurance Policies and Restrictions
Most settlement amounts for motorcycle accident injuries do not exceed the maximum coverage limits of the defendant’s policy. If presented to a jury, the amount could exceed the limit of the policy. However, you may never collect this amount if the defendant has no other assets.
As mentioned earlier, insurance companies would prefer not to go to court if the accused can easily be identified as the guilty party. Negotiations of your settlement will take place with your legal counsel and the insurance company’s attorney. You have the final say on whether to accept the settlement or whether to take it to court.
injury, pain and suffering
Unfortunately, some accidents involving motorcycles can leave the rider in serious uproar. If accidents are bad enough, they can even result in death, leaving family members struggling to get fair coverage.
Most personal injury compensation is used to cover medical bills, lost wages, rehabilitation costs, and more. Your legal representative will also help you deal with any pain and suffering from the accident to ensure you receive maximum compensation for your injuries.
Why legal representation is needed for your case
Even if you’ve been in a motorcycle accident and are most likely still healthy, you shouldn’t have to deal with the insurance companies on your own. Personal injury attorneys have the expertise to handle and advise you on every step of the motorcycle accident claims process. If you were injured in a motorcycle accident, you may be entitled to compensation for the injuries sustained. Call a motorcycle accident injury settlement attorney today for your free case consultation. The best part is that most lawyers will not charge you unless they win your case and receive monetary compensation.