You will face many challenges after a motorcycle accident. You will need treatment for your injuries, and that treatment is costly. You will likely also not be able to return to work and not earn a wage or salary to pay for those medical bills. In addition to this, you may also experience emotional trauma due to the crash.
If someone else acted carelessly or recklessly and caused your crash, you can file a claim against them for compensation to help offset some of these challenges. The majority of motorcycle accident claims are resolved through a settlement with the insurance company covering the liable party. Below, one of our Riverside motorcycle accident attorneys explains what to expect from an average motorcycle accident settlement.
Challenges Associated with Determining Average Motorcycle Accident Settlements
Truthfully, there is no such thing as an average motorcycle accident settlement. This is because all cases are unique and have different factors that affect the ultimate settlement received. Some of these factors are as follows:
- Whether the liable driver had proper insurance and if so, the limits of their policy
- The nature and severity of your injuries
- Whether the parties involved are represented by an attorney
- How many wages were lost as a result of the injury
Liability Insurance Requirements in California
California law requires relatively low liability auto insurance requirements. The limits are as follows:
- $30,000 for injury or death for one person
- $60,000 for injury or death for the entire accident
- $15,000 for property damage
When trying to obtain a motorcycle accident settlement, you can only claim up to the limits of the driver’s policy. Identifying all liable parties can help you obtain more compensation, as you can file a claim against the different insurance companies. If a liable party does not have insurance, they can be held personally accountable for paying compensation. However, it is very challenging to obtain a motorcycle accident settlement from a responsible party.
Motorcycle Accident Compensation
While there is no such thing as an average motorcycle accident settlement, there are common types of damages awarded that you can use as a guideline to determine how much compensation you will receive. Common damages included in motorcycle accident settlements are as follows:
- Medical expenses
- Lost income
- Loss of earning capacity, if you cannot return to the same line of work in the future
- Pain and suffering
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Emotional distress
If you have lost someone you love in a motorcycle accident, you can obtain wrongful death damages if someone else is to blame. These damages include funeral and burial expenses, loss of companionship, and other losses.
Factors that Affect Motorcycle Accident Settlements
One of the reasons it is so difficult to determine the amount of an average motorcycle accident settlement is that many different factors influence a settlement. These include:
- If the insurance company is shifting part of the blame to you, it will reduce the total compensation you receive
- The number of parties that are liable for the crash
- The amount of coverage you carry for uninsured motorists
- The nature and severity of your injuries
- Your level of patience
It is critical to remain patient as your attorney negotiates with the insurance company. Insurance companies count on the fact that you will become frustrated with the process and accept a settlement that is lower than you deserve. Remaining patient can ensure that you receive a full settlement that will cover all of your losses.
How Long to Obtain a Motorcycle Accident Settlement?
It can take some time to obtain a full motorcycle accident settlement. Before an offer is even made, your lawyer will need to conduct an investigation and collect evidence to prove your case. Your lawyer will then need to negotiate with the insurer, and negotiations can take some time. Just as no one can determine the amount of an average motorcycle accident settlement, no one can determine how long it will take before you receive compensation.
Many factors will impact how long it takes to receive your compensation. These include:
- The number of damages you have sustained
- Your patience level and your willingness to fight for what you deserve
- The nature and severity of your injuries
- Whether you have to file a lawsuit to pressure the insurer
It is important to remember that insurance companies will never offer you the full damages you are entitled to, at least not right away. Obtaining a fair motorcycle accident settlement requires a great deal of patience.
Our Motorcycle Accident Lawyers in Downey Can Help You Obtain a Full Settlement
At The JLF Firm, our Riverside motorcycle accident lawyers have extensive experience negotiating fair settlements for our clients. We can put that expertise to work for you, too. We will accurately value your case and hold the insurer accountable for paying the full and fair settlement that is rightfully yours. Contact us to schedule a free case evaluation with one of our experienced attorneys and to learn more about how we can help with your case.