Motorcycle Accident Frequently Asked Questions
Why do I need a lawyer if I have insurance?
If someone else causes your accident, it’s the other driver’s insurance who will pay for your injuries and property damage (in most states). Insurance companies are not charities – they don’t make money by being generous with their claim payments.
If you are seriously injured, which is far too common after a motorcycle accident, the insurance company may utilize an array of tactics to reduce what they pay you – or avoid paying you at all.
Attorneys are hired to make sure you don’t get shorted.
If the other driver pays why do I need insurance?
Accidents are often caused by people with limited ability to pay. If they don’t have enough insurance – are underinsured – or have none at all, you will have to look to your insurance to cover your injuries and property damage. It is very dangerous to rely on the other person to look after you.
How much insurance do I need?
That depends on the type of coverage. For underinsured and uninsured protection which protects you if you are hurt by a person who does not have enough insurance to pay for injuries you can’t have too much.
What about insurance that cover’s property damage? May people carry as little as possible. But if you are at fault in an accident and total someone’s $75,000 car and you don’t have enough insurance to cover it, their insurance will pay for it and then come after you for reimbursement.
If you want advice from fellow riders (who are also lawyers) we would be happy to provide a free motorcycle insurance policy review.
If an accident was partially my fault, can I still collect compensation?
It varies in the states in which we operate. Some utilize comparative negligence or while others use strict contributory negligence laws. In Virginia and North Carolina (strict contributory negligence) If an insurance company can show that you were partly at fault and that you contributed to your injuries that can be a reason for a jury to give you nothing, even if the other person was mostly to blame.
Georgia, West Virginia and South Carolina utilize comparative negligence. This essentially means that as long as you’re not mostly responsible for the accident you may still be able to collect compensation – but your compensation will be reduced based on your percentage of fault.
If you’re 25 percent at fault and the court finds in your favor, then you’d be awarded 75 percent of the settlement.
Consider contacting a motorcycle attorney after suffering an accident injury, even if you think that you may be partly at fault. We can help you understand your options, and whether you may still have a case, during a free consultation.
How much money is my accident or injury worth?
Fair compensation depends on many factors and varies based on the extent of the injuries.
After an injury, you may be entitled to compensation for:
- Medical costs
- Property damage
- Pain and suffering
- Cost of continuing care
- Lost wages and loss of future income
- Potentially punitive damages
Families who have lost a loved one to a fatal motorcycle accident may also seek compensation for:
- Funeral expenses and burial costs
- The cost of any life-saving treatments that were attempted
- Loss of companionship and support
- Various economic damages (loss of wages, loss of benefits, etc.)
The goal of a personal injury or wrongful death case is to make a person or their family as whole as possible. Some of those damages can be easily quantified, like how much you were billed for a surgery and a hospital stay, while others are harder to estimate, like pain and suffering from serious scarring or burns ; or worse, the loss of a loved one.
If I’m injured on a multi-state ride, can I use a motorcycle lawyer in my home state?
That depends on many different factors. If that happens it is best to speak to a trusted attorney who can advise you as to whether you need an out of state attorney. Whether or not you are injured in Virginia, West Virginia, Georgia, North Carolina or South Carolina you can call the Motorcycle Law Group at 800-321-8968 for assistance.
What if I had to speed/swerve/perform evasive maneuvers, the accident happened anyways and now the insurance company is saying I was riding recklessly and am at fault?
This is both an example of classic insurance company tactics and why it’s often a good idea to work with personal injury lawyers who focus on motorcycle accident injuries. There are a lot of things the average person (and juror) don’t understand about riding. What may have been your best course of action at the time may appear reckless to them, which could hurt your case.
Motorcycle attorneys can help parse reality from the insurance company’s misleading/incomplete narrative. We understand riders and accident avoidance techniques and can explain to a jury why what you did was your best chance for avoiding the accident.
Where can I learn about specific laws relevant to motorcycle riders in Virginia, West Virginia, Georgia, South Carolina and North Carolina?
We’ve consolidated a lot of the resources here on our site to make it easier to find specific statutes pertaining to riders in the states we serve.
- Virginia Motorcycle Laws
- West Virginia Motorcycle Laws
- North Carolina Motorcycle Laws
- South Carolina Motorcycle Laws
- Georgia Motorcycle Laws
You can also check our News & Resources page for more targeted state-by-state breakdowns, such as this blog for helmet laws by state or this blog for motorcycle brake inspection requirements by state. For more information of consultation call (855) 529-7433 today!