Top Three Ways to Lose Your Motorcycle Accident Case
Hey there! I’m Justin from justinziegler.net, and today, I’m discussing the top three ways to lose your motorcycle accident case.
1. The At-Fault Driver Lacks Insurance
First up, if the driver who hit you doesn’t have bodily injury liability insurance, you’re in a tough spot. This insurance is what covers your pain and suffering, medical bills, and lost wages. Sadly, in Florida, many vehicles aren’t required to have this insurance.
But, there’s a silver lining! If you were hit by an 18-wheeler, a corporate vehicle, or an Uber/Lyft during a ride, chances are better for a payout. These vehicles usually have hefty insurance policies. For instance, 18-wheelers often carry at least $750,000 in coverage, while Uber and Lyft drivers have $1 million in liability coverage if they’re on a ride.
However, don’t assume all company-owned vehicles have enough insurance. Some only carry around $10,000 in coverage. If this happens, you’ll need to check for your own uninsured motorist insurance. This can cover your expenses if the other driver lacks sufficient insurance.
2. Minor Injuries or Lack of Medical Treatment
Next, having minor injuries or not seeking medical treatment can hurt your case. Your injuries dictate the value of your claim. Minor injuries, like neck or back pain, often don’t result in large payouts, especially if you’re on a motorcycle. Jurors might be less sympathetic towards motorcycle riders.
On the other hand, severe injuries like broken bones, surgeries, or brain injuries can lead to much higher settlements. For instance, I know folks who wouldn’t give a dime for minor injuries but would consider substantial compensation for major ones.
3. You Are at Fault
Lastly, if you’re the one at fault, getting compensation becomes tricky. In Florida, even if you’re partially at fault, you can still claim the other driver’s percentage of fault. For example, I once represented a motorcycle rider who was hit by an 18-wheeler. The police ticketed the truck driver, and I got my client $445,000. If my client had been 50% at fault, he could have still received around $222,000.
To help prove fault, ask the vehicle owner to preserve the event data recorder (black box). It records crucial info like speed and braking before the impact. Some motorcycles also have these recorders, so check ridermagazine.com for details.
For more tips on handling insurance companies and getting the best settlement, stay tuned!
Read More: Top 5 Best Car Accident Lawyers in United State
