What Is the Average Motorcycle Accident Settlement?

Being involved in a motorcycle accident has its ups and downs (yeah, we said ups). Of course, the disadvantages are more immediate—for example, the physical and emotional trauma of being a part of such a traumatic experience. However, there is the prospect of a positive outcome: collecting compensation for your motorcycle accident.

While money cannot be used to fix any remaining injuries or damage to your motorcycle, it can be used to pay off your medical bills, compensate you for the period you were unable to work, and repay the cost of damages to your motorcycle.

But what is the typical motorcycle accident settlement?

Although it fluctuates, the average settlement for those who have taken their insurance claims to trial is $73,7001. Your insurance company is likely to offer much less than that figure, but with the appropriate motorcycle accident attorney on your side, you could see your compensation increase significantly.

What Is the Average Motorcycle Accident Settlement?

If Oprah gave out motorcycle accident payouts as she does for cars, the answer to this question would be a lot more specific (and uplifting). “You get half a million dollars.” You’ll get 500,000. Everyone receives a million bucks!”

Unfortunately, that is not how the injury claim system works. Instead, each motorcycle accident and its subsequent settlement are as unique as a fingerprint; the cause and subsequent effects play a significant role in determining how much your payout will or will not be.

Some major aspects that frequently influence the settlement amount are as follows:

Who Is to Blame for the Accident?

First and foremost, your auto insurance company will want to know who caused the collision. If you (the motorbike rider) are at fault, the lawsuit is over before it has even begun. Why? Because your insurance company will not compensate a driver who caused the motorbike accident injuries.

If they determine that you were not at fault, you will have a considerably better chance of collecting a settlement for your accident claim. The odds are always in your favor, according to the National Transportation Safety Board. They claim that in 64% of motorbike accidents involving more than one car, the other drivers were at fault.2

It all comes down to whether your accident lawyer can assemble practically incontrovertible evidence that the car accident was not your fault.

What Are the Injured Motorcyclist’s Losses?

As a motorcycle rider, you’re undoubtedly all too familiar with the exciting sensation of wind in your hair. However, because you’re experiencing life to the fullest, you’re more vulnerable to the elements. That means that if you’re in a motorcycle accident, you’re ten times more likely to suffer a serious injury than a car passenger.

Biker injuries caused by crashes include:

  • Road rash burns
  • Bone Fractures
  • Amputations of limbs
  • Spinal cord injuries
  • Trauma and brain injury

The total “damages” you’ve incurred from your accident, such as medical expenditures and lost earnings, are one consideration insurance companies would consider before deciding on a settlement sum.

Then comes the pot-ay-to and pot-ah-to of it all—deciding how much agony and suffering should be added to your payout. Sure, their decision is subjective, as no one can place a price tag on the difficulties you’ve had, but there are a few elements they consider while evaluating your motorcycle accident claim, such as:

  • Your incapacity to live the life you once did
  • Any impending pain that will interfere with your regular existence
  • Emotional discomfort as a result of the injury
  • Your age at the time of the collision

What Is the Maximum Payout on Your Motorcycle Insurance?

When you browse for motorcycle insurance, you probably expect to never use it, let alone file a personal injury claim for the maximum amount on your policy. When the unexpected happens, you’re left crossing your fingers and toes that you didn’t skimp on the best premium coverage.

Even if the overall cost of damage exceeds your coverage level, most insurance payouts only compensate the maximum liability listed on your policy. So, if your policy covers up to $250,000, but your medical bills and missed wages total $350,000, there’s a good chance they’ll only award the accident victim $250,000 in compensation.

That is why having a dependable personal injury lawyer on your side is beneficial. No, not those with the irritating advertising jingles. The people that are interested in assisting you in receiving what you are owed

What Are the Chances of Jury Bias?

Assume you spoke with your lawyer and determined that the insurance company’s payout is inadequate. Taking your claim to trial may result in a larger settlement, but you will also face another potential stumbling block: the jury.

Whether or not it’s morally correct, the 12 strangers on the jury all have preconceived opinions about motorcycles and the people who ride them. They either like them or dislike them, and their prejudices may play a factor in their decision-making in a personal injury case.

Finding an expert motorcycle accident lawyer who will do a comprehensive investigation to obtain concrete evidence is one way to mitigate any negatively perceived prejudices from jury members. You have a higher chance of persuading even the most biased jurors if you have evidence.

How Long Does It Take to Get a Motorcycle Accident Settlement?

So, how long does it take to file a motorcycle accident lawsuit? There are a few factors that affect both the time it takes to settle and the amount of money you will receive. If your claim is simple, it may only take a few weeks.

The majority of settlements take place in the following order:

Step 1: Hire an attorney. They’ll gather proof such as medical records, police reports, and accident videos or images to utilize when making a claim with the insurance company.

Step 2: Submit a claim to your insurance provider. After you’ve submitted your claim, your role is to wait for the insurance adjuster to make you their initial settlement offer (or to reject your claim).

Step 3: Accept the settlement offer from the insurance company. Often, the adjuster’s first offer can be compared to the first round of a bargaining match. They’ll offer you a low figure, and your lawyer will respond with a greater one.

Step 4: Accept or seek increased compensation. If you decide to ask for more money, your lawyer will draft a properly written demand letter.

Step 5: Go to trial on the claim. The adjuster will eventually max out the insurance company’s offer or reject your claim. If you are still dissatisfied with the price or the offer, you can take the claim to trial, which will lengthen the time it takes to obtain your settlement. However, if your insurance company makes you an unreasonable offer (one that does not cover the cost of your medical expenses, lost earnings, and other losses), you should consult with your lawyer about going to trial.

Damages Awarded in Car Accident Claims

When it comes to settlements, an insurance adjuster’s role is to look out for the insurance company’s best interests, but it’s your lawyer’s responsibility to dismiss those figures and demand something more significant. After all, they’re battling for compensation in a variety of sectors, including:

Economic losses

Economic losses are clearly defined and even easier to calculate. They include the expenses for the following:

  • Medical treatments: from debriding road rash in the ER to any potential procedures in the days and months following the accident, they all account for medical costs incurred as a result of the event.
  • Wage loss: If you’re facing a protracted rehabilitation, it’s critical to take the time you need to rehabilitate through rest or physical therapy. Depending on the severity of your injuries, your doctor may not allow you to return to work for several days, weeks, or even months. Receiving a wage loss allows you to recoup a percentage of the money you’d normally make during a typical workweek.

Property damage compensation allows you to obtain an amount that can be used to repair minor damage or to purchase a completely new bike.

Non-economic losses

This sort of compensation aims to quantify your pain and suffering, which is impossible to do objectively. Although no one can pinpoint each and every way you’ve suffered mentally and physically, insurance firms frequently employ a formula to establish a sum for non-economic damages, such as:

  • Having constant bodily pain when performing routine daily tasks
  • Suffering from emotional distress
  • Being unable to participate in things you once enjoyed, such as dancing, exercising, or participating in sports.
  • Punitive measures

The judge might grant you additional compensation from the at-fault party if their extreme negligence or bad behavior was what caused the accident. While they rarely award punitive damages, if they want to penalize the at-fault party further, they’ll charge them an out-of-pocket payment that’s added to your final settlement.6