Settlement Factors in a Motorcycle Accident Case

Settlement Factors in a Motorcycle Accident Case

Riding a motorcycle can be very exhilarating; it can make you feel free and as though you are flying. Unfortunately, a motorcycle can also send you flying if a car hits you or if you hit an obstacle in the road.

The injuries from motorcycle accidents are generally much more severe than injuries from car accidents. Motorcycles are considered much more dangerous than other vehicles. According to motorcycle accident attorneys, It is harder to get an insurance company to pay for medical treatment if you have been injured in a bike accident.

Florida is a no-fault state when it comes to insurance. This means that a person’s own insurance company will pay for their injuries no matter who is responsible for the accident. As you can imagine, insurance companies do not like this. There are a few things an insurance adjuster will want to know when they are investigating a motorcycle accident with injuries.

Was the Rider Wearing a Helmet?

One of the most fundamental things an insurance adjuster will ask when investigating a motorcycle accident is, “Was the driver wearing a helmet?”  The State of Florida mandates that anyone riding a motorcycle wear protective headgear that is secured tightly.

If you were not wearing a helmet, an insurance adjuster may try to deny your claim. It is very important to have an attorney in your corner. While you should certainly always wear a helmet, the injuries sustained in an accident may be caused by many different factors.

Was the Rider Speeding?

According to Newton’s Second Law of Motion, the faster a vehicle is traveling, the greater the impact will be. Hence, If you are speeding when you hit an object, the impact will be greater than it would be if you are not speeding.

The insurance adjuster can deny you coverage if you are doing anything illegal at the time of the accident. A lawyer may be able to negotiate coverage if there were certain road conditions or if another driver was partially to blame.

Were You Inebriated?

If a motorcycle rider is under the influence of alcohol and drugs, an insurance company is likely to deny their claim if they are in an accident. There are strict laws prohibiting the use of alcohol when you are driving.

If you have illicit drugs or prescription drugs that are not prescribed to you in your system at the time of an accident, you may face criminal charges and you are unlikely to get any money from an insurance company.

Did You Have a License to Drive a Motorcycle?

The state of Florida requires you to have a license to drive a motorcycle. It is much more difficult to drive a motorcycle than to drive a car. You have far less protection around you when you are on a motorcycle than in any other kind of vehicle. It is extremely important to get a motorcycle license and keep it up to date.

An insurance company is certain to tell you they cannot pay your claim if you have no license. However, they should not insure you in the first place if you do not have the proper licensing to operate a vehicle.

What Insurance Will Cover

If the insurance adjuster cannot find an excuse not to pay you, there are certain things that your insurance policy should cover. An insurance policy should pay your medical bills up to your amount of coverage. Florida Motorcycle riders are required to carry a minimum of $10,000 worth of insurance. Hence, If you had minimum coverage, you can receive up to $10,000.

If your injuries exceed the amount for which you are covered and your injuries were caused by the negligence of another driver, you may want to talk to an attorney about a lawsuit. It is very hard to sue people for damages in a no-fault state. However, there may be an exception to the rule if your injuries are permanent or severe.

Why You Need a Lawyer

Even though motorcycle accidents often cause injuries that result in very high medical bills, insurance settlements for motorcycle accidents are often lower than they are for other accidents. Juries think that motorcycle drivers bring their injuries on themselves simply by deciding to drive a bike in the first place.

An attorney can negotiate with an insurance company on your behalf. They will have years of experience in dealing with traffic accident cases. They will be well-versed in the arguments that will get you the money you need. In the unlikely event that your case goes to court, they will be trained in litigation.

There are few things worse than getting injured in a motorcycle accident. If you follow the law and hire a trained attorney, you will have a good chance of getting the money you need to move on with your life.

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