Insurance Claims and Settlements in Motorcycle Accident Cases

When other drivers drive aggressively or are distracted by their mobile phones, they become a danger to all other vehicles. This is especially true when it comes to motorcycles in Florida. In a split second, a quick left turn or lane change can cause a devastating motorcycle crash. If you or someone you love has been injured in a motorcycle accident, you should speak with a motorcycle accident attorney.

After the accident, the injured rider will likely need some form of medical treatment and may have a damaged or destroyed bike. Dealing with all of these things can be stressful for a person who is recovering from injuries. The last thing you want to worry about is figuring out how to deal with the insurance company. Additionally, Florida insurance laws and motorcycle insurance companies can complicate the process of recovering compensation for injured motorcyclists. Therefore, it is important for injured motorcyclists to hire a Miami motorcycle accident lawyer who has experience handling these types of claims. The attorneys at Suarez & Montero have a successful history of handling claims against insurance companies.

If you suffered personal injuries in a motorcycle accident or were lucky enough to walk away with only property damage to your bike, you may be thinking about filing an insurance claim against the at fault party or your own insurance. If you hired a motorcycle accident attorney, at some point, you and your attorney may have to discuss settlement of your claim with the liability insurance company. There are many components that dictate when and if a claim for personal injuries or damage is settled. Most of the time, however, claims get settled. For this reason it is important to understand the insurance claims and settlement process with respect to motorcycle accidents. In this blog post, we will explain some of the key factors that go into settling motorcycle accident cases and we will walk you through the timeline of a motorcycle accident injury claim and settlement.

Damages

As in most types of personal injury claims, the amount of damages necessary to compensate the injured victim is a huge factor when determining when and if to settle a motorcycle accident injury claim. Before filing suit, the injured victim and their motorcycle accident lawyer must sit down and calculate their damages. Once this is complete, the attorney can begin negotiating with the insurance company. A plaintiff in a motorcycle accident case may obtain actual (compensatory) damages.

Compensatory damages are awarded for the loss, injury to a person caused by the negligence of another. The objective of compensatory damages is to make the injured party whole to the extent that it is possible to measure an injury in terms of money. Actual or compensatory damages are categorized as either general or special. General damages are damages directly caused by the wrongful act or negligence of another. Special damages are those that do not necessarily result from the wrongful act or negligence of another. Under Florida law, special damages consist of items of loss that are specific to the party who suffered the injury or loss. Additionally, in Florida, damages are awarded if the plaintiff must undergo testing or treatment, or if the plaintiff must receive medical care of any type, such as hospital stays or physical therapy. Another category of damages is lost wages. Oftentimes, recovering from an injury often requires time off work. The length of time off typically depends on the type and severity of the injury. In order to show the costs of any medical treatment or prove any claims for lost wages, a motorcycle accident attorney will provide the insurance company with copies of medical bills and proof of income for lost wages.

Permanent Motorcycle Accident Injuries

Another important factor in determining when and if to settle has to do with whether or not the victim suffered permanent injuries. If a victim suffers injuries that will affect them permanently, the settlement will likely be much higher than in cases where the injured victim suffers minor injuries. That is why it is best practice to not settle your personal injury claim until the full extent of your motorcycle accident injuries are clear. It is impossible to go back to the insurance company and ask for additional funds after a final settlement is reached. If the injury is permanent, this is a major factor you need to know before agreeing to settle. Keep in mind that if you are fully or partially disabled due to your injury and are unable to work going forward, then you may be able to seek compensation for future lost earning capacity.

Determining Fault

Another important factor that affects how motorcycle accident cases are settled is the injured victim’s ability to prove their case against the defendant and the strength of the evidence to back up their case. In Florida, in an action by a motorcyclist to recover damages as a result of injuries sustained in an accident, the motorcyclist has the burden of proving by a preponderance of the evidence that the motorist was negligent and that such negligence was the proximate cause of the injury suffered. However, recovery for injuries sustained by a motorcyclist in a crash may be barred or diminished if the motorcyclist’s own negligence contributed to the accident.

Available Insurance

If the person responsible for your injuries is judgment proof, meaning that they have no material assets, your settlement amount will be limited to the limit of the person’s motor vehicle insurance policy. It is important to keep in mind that although a jury may return a verdict that surpasses the limits of liability, if the defendant has no assets to liquidate and no cash or savings, you may not be able to collect the full verdict amount. When the defendant has no significant assets, your attorney may advise the best path forward is to accept a settlement equal to the coverage limits of the insurance policy.

If you or someone you love was injured in a motorcycle accident, you may have a right to seek compensation for your losses. The Law Offices of Suarez & Montero Motorcycle Accident Attorneys is a personal injury law firm with locations in Miami and Broward. A motorcycle accident claim can seek funds that cover medical expenses, lost income and other damages.

The motorcycle accident attorneys at Suarez & Montero can help those of you who would like to pursue a motorcycle accident claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious personal injury in accidents involving motorcycles. Call us today to schedule a free consultation. We’ll review your case and help you understand your legal options.