A motorcycle accident is a traumatic event that can leave a victim with many questions and concerns. Surely you will be concerned about compensation for injuries and financial retribution for your damaged vehicle. Here are some general guidelines to help answer some of your questions.
Tort Law Regarding Motorcycle Accidents
Tort Law covers compensation for damages, losses and injuries that result from an accident, including motorcycle accidents. The definition of tort is an act or omission resulting in harm, injury, damage, and/or other losses to another person/party. Torts are deemed a civil wrongdoing that allow courts to levy liability on the party that caused the accident.
Considered Compensable Losses
The circumstances of the accident usually determines the financial award of a case. This includes actual injuries, losses and damages that the victim suffered by another person’s negligence. Some common examples that you can receive compensation for are: medical bills, physical disability or disfigurement, emotional distress, property damage and/or loss, and some symptoms falling under the general term of “pain and suffering”.
Determining if Your Motorcycle is Totaled
Certain factors are considered when deciding if a motorcycle is totaled or worthless. These criteria can help determine a fair compensation payout.
- The motorcycle is so damaged that it cannot be repaired to a point where it is safe to use again.
- The cost of repair is much greater than the value of the motorcycle.
- Damage is so significant that it cannot be considered safe by state or associated laws.
Insurance Claim Settlement
A determination by an insurance company that a motorcycle is “totaled” does not automatically guarantee a fair settlement. Insurance companies are designed to make money, not necessarily advocate for you which means that they try to limit the amount of compensation given to claimants, especially if they are seeking money for lost property. Employing a personal injury or motorcycle accident lawyer, like our motorcycle accident lawyer can help you fight if an insurance company commits to preventing you receiving an adequate settlement after an accident. Some people decide to not hire a lawyer during their claim process because they believe that they will lose more money than they will gain from a financial award. This decision ends up working against them most of the time as having legal counsel often results in larger awards than people who forego representation. Fees usually do not exceed the award, in those cases.