We Can Help You Get Compensation To Repair or Replace Your Motorcycle.
Motorcyclists are proud of their machines. After all you've gone to great lengths to go through a MSF (Motorcycle Safety Foundation) course, studied and passed a separate test apart from the common car licensure test, and of course, went out and bought a motorcycle that specifically meets your riding style. And of course, motorcycle are a great, cheap, form of transportation.
Getting your motorcycle back to the condition it was in before an accident is where we come in. Just because someone else was negligent, doesn't mean that you should go without enjoying something you love.
In this article we'll explain how to get compensated for damage to your motorcycle and how those damages are given value.
Questions answered in this article:
- How the courts determine compensation for your motorcycle?
- What is valuation?
- What scenarios allow for replacement?
- Why do you need an experienced attorney?
There are two types of compensation that you can sue for if your vehicle is damaged.
- Valuation Damages
- Repair Damages
Valuation damages include all different forms of compensation that cover why the vehicle's value has been affected by the accident. These damages are typically good for when the vehicle is deemed "totaled" or when it is repaired but still suffers a loss in value. There are four schemes for determining valuation damages so that you know what amount to sue for.
- Market Value:
The value of your motorcycle is determined by the market value in the county as to where your suit is filed. For example, a certain motorcycle may be more expensive in, say, Tarrant County than it is in Dallas County. Your motorcycle will be valued at what is the fair market value for that specific county. The market value is the difference in the value of the item immediately before and immediately after the damage.
For example, if your motorcycle was worth $10,000 a millisecond before the accident, and after the accident it is determined to be worth $3,000, then the amount you would sue for is $7,000 due to the accident causing significant depreciation.
- Replacement Value:
Replacement value is the cost replacing your damaged motorcycle, minus any depreciation. This is usually done by offering an expert's testimony (a certified motorcycle mechanic or the like) to testify as to what the condition was of the motorcycle, the initial costs of the motorcycle, and the cost of buying a replacement motorcycle.
- Actual Value:
This is a category of value that means that the motorcycle that is damaged or totaled was of utility to you. For example, say you used the motorcycle to ride around a ranch that you're managing. There is actual value that the motorcycle cycle has on your life and how you make a living. So even if the motorcycle isn't worth much money, the way that it impacts your life is worth money.
- Sentimental Value:
Say, for example, your motorcycle may not have a lot of market value but has a near and dear place in your heart. You and your grandfather restored a 1944 World War II era Norton motorcycle that may have market value if sold, but means much more to you personally because of the memories and experiences that are connected to that motorcycle. Well, that motorcycle could be proved to hold sentimental value in court. The same way a wedding ring or baby pictures would hold value only to the specific people that owned that property, well, your motorcycle could be argued, with sufficient evidence, to hold sentimental value to you.
Sometimes you may be able to recover repair damages in addition to the market value lost in your accident. If the market value of your motorcycle was determined before repairs were made, then, you can recover market value or cost of repair. If the market value of your motorcycle was determined after repairs were done, then you may recover both market value and costs to repair your bike.
Repair costs must be within a certain reasonable threshold for those repairs, however. For example, if your motorcycle had a regular old factory paint job the day that you were involved in the accident, but you submitted a bill that said cost to repaint your motorcycle was $2500.00 because you wanted a custom paint job with metallic flake, that may be seen as quite excessive and definitely not within the realm of replacing what you have lost.
Why You Need an Experienced Motorcycle Accident Attorney:
The truth is that recovering the value of damaged property is supposed to be the easy part of a motorcycle accident claim and insurance companies still manage to make it a nightmare. If insurance companies put so much effort into hassling people over this straight-forward area of the law, it's not hard to imagine how they treat injuries that arise from these accidents, where the law affords insurance companies far more leeway to dispute claims.
While most property claims can be handled without an attorney, most people are really going to need an experienced attorney that has fought for compensation for motorcycle riders if they've sustained anything but the most minor injuries. We've been suing on behalf of motorcycle riders for over 25 Years and if we don't win your case for you, you don't owe us a penny. Call: (855) 326-0000 today!
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