Compensation available following a motorcycle accident.
When a motorcyclist is injured in an accident, the injuries are often severe. Even in seemingly minor motorcycle accidents, due to the lack of any kind of metallic cage or air bags, a motorcycle crash even at 20 mph can induce some pretty serious injuries. Naturally, these injuries can rack up huge medical bills for injured bikers, which is where we come in. We've been fighting for motorcyclists for over 25 years and know how to get you the most compensation for your accident.
In this article we'll explain what types of compensation there is available in your motorcycle accident case, and a strategy to get you the compensation you deserve.
Questions answered in this article:
- What types of compensation is available for my case?
- Where does this compensation come from?
- What kind of strategy do you use to help me?
Compensation you can sue for in a motorcycle accident:
Broadly speaking, there are three different kinds of compensation you can sue for: Compensation for injuries, compensation for death of a loved one, and property damage*.
- Compensation for Injuries:
If you've been injured in a motorcycle accident by the negligent actions of another driver, you have every right to sue them for your the injuries that their actions caused. Like I mentioned earlier, an accident that would just be a fender bender for a car, could result in severe injuries to a motorcyclist.
Suing for these injuries involves a lot of paper work and fact-checking. Even if the accident was obviously the other person's fault, the court has certain policies and procedures in place that must be followed, or you could be left with thousands of dollars in medical bills.
- Compensation for Wrongful Death:
If a loved one has been killed due to the negligent actions of another driver, you absolutely deserve compensation. The damages awarded can help to shore up possible medical bills incurred, lost wages, mental anguish, and pain and suffering. Much like injuries, there are certain procedures and policies in place that must be adhered to make sure that the court is able to award damages in a fair and balanced manner
Even if we don't make it to the courtroom, settling with an insurance company involves savvy and experience that only a seasoned motorcycle accident attorney can provide. Remember, insurance carriers have attorneys too, and, those attorneys have likely argued hundreds of times on the insurance carriers behalf.
- Compensation for Property Damage:
The value of your property will be determined by the county that your lawsuit is filed. Essentially the courts will determine the fair market value of what your motorcycle was worth before the accident, then, assess the damage to your motorcycle and determine what the value of your now damaged motorcycle. In the cause of a total loss, the courts will look at the fair market value of your motorcycle factoring any depreciation that may have incurred.
So if you bought your bike brand new off the dealership lot in 2010 for $9000.00, that doesn't mean you'll be compensated for that MSRP price 6 years later. The courts will assess the fair market value of the motorcycle at the time of the accident, which may be in this case, $6500.00 due to depreciation. Remember, the point of compensating you for property lost is to give you what was rightfully yours right before the accident took place.
Further, there may be other valuations that can be assessed as well, especially if a market value cannot be clearly established. A good example of this would be "classic" motorcycles or motorcycles that hold sentimental value.
As you can see, there are several avenues of approach when it comes to getting compensation for motorcycle damage or loss. Hiring an experienced attorney will relieve the headaches involved with negotiating with the insurance companies and trying to get your bike back to its former glory.
*Property damage is a different area of the law form personal injury. While we are always happy to answer questions about handling property damage claims as a courtesy, Grossman Law Offices does not directly handle property damage claims.
Where the compensation comes from:
Our article How Motorcycle Insurance Works is a great jumping off point to give you a thorough understanding of how insurance carriers deal with motorcycle accidents. The negligent driver's insurance is who compensates you in the event of accident and, in some cases, your own. Dealing with insurance companies is a tedious affair full of phone calls and appointments with lawyers from the negligent driver's insurance claiming that they want to help you and get this over with as soon as possible. But, in reality, their lawyers are looking to settle, and settle fast. We've had many clients who often were bamboozled by the insuranc companies for much lower than they deserved. Don't take on the insurance companies alone, after all, they have attorneys too.
You'll need a strategy:
There is nothing under Texas law that says they insurance companies have to compensate you fairly. If we're talking minor injuries where you suffered very minor damage to your motorcycle and minor scrapes and bruising, then, fighting them tooth and nail may not be the best approach. But, if you've experienced serious injuries, especially if those injuries required hospitalization, you need to hire an experienced attorney. We've been fighting for injured motorcyclists and the families of those who have lost their lives to the actions of negligent drivers for over 25 years. Give us a call today: (855) 326-0000. If we don't win your case, you don't owe us a penny.
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