When you’re involved in a motorcycle accident, the experience can be a mix of ups and downs. The immediate pain and emotional trauma from such a distressing experience can feel overwhelming. However, there’s often hope in the form of a payout that aims to compensate for the ordeal.
While no amount of money can undo the residual injuries or restore your damaged motorcycle, the average settlement for motorcycle accident can help with the practical side of things. It can pay off your medical bill, compensate you for the time lost from work, and even reimburse you for the cost of the damages to your motorbike. In my own experience, understanding that this financial assistance is available brought a sense of relief after the chaos.
what is the average settlement for motorcycle accident lawsuit?
When it comes to a motorcycle accident, many wonder what the average settlement for motorcycle accident looks like. From my own experience, the amount can vary widely, but for most individuals who take their lawsuit to trial, the average settlement is about $73,700. Some cases can land on the lower end, around $10,000, while others may see payouts as high as $100,000. But in extreme situations, the maximum settlement can reach up to $375,000, while the minimum settlement could be as low as $7,500. Knowing the settlement data can help manage expectations, as the median settlement sits at $49,000, based on 100 settlement amounts from motorcycle accident cases between 2021 and 2024.
Your insurance company may try to offer less than these figures, but with a strong motorcycle accident attorney by your side, you might secure a more favorable payout. The right legal support can significantly increase the price tag attached to your compensation. Having handled similar claims, I’ve seen firsthand how crucial it is to be informed and prepared when navigating insurance and legal systems after an accident.
How Much Are Most Motorcycle Accident Settlements?
When considering motorcycle accident settlements, it’s easy to imagine a scenario like when Oprah handed out cars with an uplifting announcement, “You get half a million!” However, the reality is quite different. Every motorcycle accident lawsuit is as unique as a fingerprint, with each case having its own cause and effects that play a role in determining the final settlement. Unlike a predictable giveaway, the injury claim system relies on these individual factors to decide how much compensation may be awarded.
Key factors that often affect the settlement amount include:
Who Is at Fault for the Accident?
When determining who is responsible for a motorcycle accident, your car insurance company will first look at who was at fault. If the motorcycle rider is found to be responsible, the case could be closed quickly, as the insurance company won’t provide a payout to the driver who caused the injury.
But if it’s determined that you weren’t at fault, your chances of receiving a settlement for the accident claim are much higher. Based on data from the National Transportation Safety Board, the odds are often in your favor, with 64% of motorcycle crashes involving more than one vehicle caused by the other drivers.
What matters most is whether your accident lawyer can gather solid, nearly indisputable proof that the car accident wasn’t your fault. If they can do that, you stand a much better chance of winning your settlement and getting the compensation you deserve.
What Are the Damages to the Injured Motorcyclist?
As a motorcyclist, the feeling of the wind in your hair while living life to the fullest is hard to beat. However, being more exposed to the elements means you are at higher risk in the event of a motorcycle crash. In fact, motorcyclists are 10 times more likely to face a severe injury compared to car passengers.
Crash-related injuries for bikers can be devastating and may include burns, road rash, broken bones, limb amputations, spinal injuries, and brain injury or trauma.
When insurance companies evaluate a settlement amount, they look at the damages you’ve sustained, including your medical expenses and lost wages. These physical and financial hardships are critical in determining the overall payout. Additionally, there’s the more subjective side of compensation, where they assess your pain and suffering. While it’s impossible to put an exact price tag on the challenges you’ve endured, it plays a key role in your motorcycle accident claim.
Beyond the immediate injuries, insurance companies also consider long-term impacts. For example, your inability to return to your former lifestyle, any future suffering that may affect your daily life, and the emotional distress caused by the injury are all factored in. Even your age at the time of the accident can influence how much you receive.
What Is Your Motorcycle Insurance Maximum Payout or Settlement?
When you’re buying motorcycle insurance, you probably hope never to need it. But when the unexpected happens, and you’re faced with a personal injury claim, the maximum payout from your policy becomes crucial. Most people think their premium coverage will take care of everything, but many insurance payouts only cover the maximum liability stated in your insurance coverage. So, if your policy covers up to $250,000, but your medical bills and lost wages add up to $350,000, there’s a high likelihood you’ll only receive a $250,000 settlement.
In such situations, having a dependable personal injury lawyer can make a difference. Not the ones with annoying commercial jingles, but professionals who fight for what you’re truly owed. They understand the total cost of your damage and ensure you get the right support as the accident victim.
What Is the Potential for Jury Bias?
If you and your lawyer feel that the insurance company’s settlement offer is too low, you might consider taking your claim to trial in hopes of a higher payout. However, one potential obstacle in this process is the jury. Those 12 strangers may come with preconceived notions about motorcycles and the people who ride them, which could lead to biases in their decision-making during a personal injury case.
To reduce the risk of negatively perceived biases from jury members, it’s essential to have an experienced motorcycle accident lawyer. By conducting a thorough investigation and gathering concrete evidence, you’ll have a better chance of persuading even the most biased jurors in your motorcycle accident lawsuit.
Related: What Motorcycle Should I Get
How Long Do Motorcycle Accident Settlements Take?
How long a motorcycle accident lawsuit takes varies, as does the exact amount. In simple cases, the process can be completed in a few weeks.
Step 1: Hire an attorney.
The first step is to hire an attorney who will collect evidence such as medical records, police reports, videos, and photos of the accident. This information is important when submitting a claim to your insurance provider.Step 2: Submit your claim to the insurance company.
After your attorney gathers the necessary evidence, they will help you file a claim with your insurance company. Then, you wait for the insurance adjuster to review your case and give a settlement offer or potentially reject the claim.Step 3: Get a settlement offer from your insurance provider.
The insurance adjuster will often present a low number in their first settlement offer, much like the start of a haggling match. Your lawyer will counter this with a higher number as negotiations begin.Step 4: Accept or seek greater damages.
If the initial offer is too low, your lawyer can draft a demand letter asking for more money to cover damages, including medical bills, wages lost, and other costs.Step 5: Take the claim to trial.
If the adjuster reaches the maximum amount or the offer is still deemed unfair, you can choose to take the claim to trial. While this could extend the time needed to finalize your settlement, it might be necessary to achieve a fair price tag for your case.
Related: how many motorcycle deaths in 2022?
Types of Damages Awarded in Accident Claims
When it comes to settlement, the insurance adjuster’s role is to protect the insurance company’s interests, but your attorney’s job is to challenge those figures and push for a more significant amount. They work in a variety of areas to secure the compensation you are entitled to, including:
Economic Damages
Economic losses are straightforward to define and easy to calculate. These damages cover expenses related to:
Medical treatments:
After a motorcycle accident, the cost of medical treatments can add up quickly. This includes everything from debriding road rash in the ER to undergoing necessary surgeries in the following days or even months. All of these procedures contribute to the overall medical costs caused by the accident.Loss of wages:
A lengthy recovery may mean taking time off to heal with rest or physical therapy. Depending on the severity of your injuries, your physician might not clear you to return to work for days, weeks, or even months. Compensation for loss of wages allows you to recover some of the money you would have earned during an average workweek.Property damage:
If your motorcycle has sustained property damage, you could receive compensation to either repair the minor damage or, in severe cases, buy a completely new bike.
Non-Economic damages
Compensation for pain and suffering is difficult to determine because it’s nearly impossible to calculate these experiences objectively. While insurance companies may use a formula to estimate non-economic damages, the reality is that no one can fully understand how much you’ve suffered both mentally and physically.
Whether it’s dealing with permanent physical pain while completing simple tasks, enduring emotional anguish, or feeling no longer capable of enjoying activities you once loved—like dancing, exercising, or playing sports—these losses are significant and personal.
Related: Are Retrospec Bikes Good?
Punitive damages
In cases where the at-fault party displayed extreme negligence or misconduct that caused the accident, the judge may award you additional compensation. This is known as punitive damages, and while they aren’t common, they are used to punish the responsible person. The court may charge them an out-of-pocket sum that is added to your overall settlement as a way to hold them accountable for their actions.
How Motorcycle Accident Settlement Amounts Are Determined
The amount settled for a motorcycle accident is primarily influenced by the available evidence, specific details and factors unique to the case. The total cost of settlement is significantly affected by the following important considerations.
Liability:
In most cases, the at-fault driver must be proven liable for the accident and responsible for the resulting damages. Liability is determined based on state laws and insurance systems, which vary. Typically, the other driver is found at-fault for causing the motorcycle accident.Damages:
The amount of damages plays a big role in the settlement. Higher damages usually lead to larger settlement values. These include costs related to injuries, medical treatment, and lost wages resulting from the accident.
Other Factors That Affect the Value of a Motorcycle Accident Settlement
What is the statute of limitations on a motorcycle accident in Indiana?
In Indiana, you have two years from the date of the motorcycle accident to file a personal injury lawsuit, unless the injured party is a minor. This means that individuals who suffer from motorcycle accidents must take action within this period if they seek compensation for their injuries and damages.
It’s crucial for motorcycle accident victims in Indiana to stay aware of this time limit and act promptly to protect their legal rights. Failing to file a lawsuit within the prescribed timeframe can result in losing the opportunity to claim compensation for any injuries or damages caused by the accident.
What percent of motorcycle accidents result in injury or death?
According to the National Highway Traffic Safety Administration (NHTSA), around 80% of reported motorcycle accidents lead to injury or death. Motorcyclists are especially vulnerable on the road due to reduced visibility, a lack of protective barriers, and limited stability compared to other vehicles. As a result, these accidents often result in more injuries and fatalities than crashes involving other types of vehicles.
FAQs
What is a good settlement?
A good settlement for a motorcycle accident considers multiple factors, including medical bills, lost wages, and the extent of injuries sustained. It should cover property damage, pain and suffering, and any long-term disabilities resulting from the accident. While the average settlement can vary, ensuring compensation that addresses both financial losses and emotional impact is crucial. Consulting an experienced personal injury lawyer can help secure a fair settlement based on these elements.
How much compensation can I get?
The compensation for a motorcycle accident depends on several factors like medical expenses, lost wages, and the severity of your injuries. It may also include property damage and compensation for pain and suffering. Typically, settlements range from $10,000 to $100,000, but serious cases involving permanent disabilities or significant trauma could result in higher amounts. Consulting a knowledgeable personal injury lawyer will help you understand what you may be entitled to based on your case.
What is money paid for injury or loss?
Money paid for injury or loss in a motorcycle accident is called compensation. This includes expenses such as medical bills, lost income, property damage, and compensation for pain and suffering. In cases of severe trauma or long-term disabilities, the payout can be higher. The purpose of this payment is to make up for both financial losses and emotional impact. Working with a personal injury lawyer helps ensure that all aspects of your damages are fully compensated.
