Motorcycle Accident Injury Settlement: What You Need To Know
The most important factors in a motorcycle accident injury settlement are: (1) the motorcyclist’s injuries and impairments; (2) how they affect the motorcyclist’s ability to lead his or her normal life; (3) the track record of the motorcyclist’s attorney; and (4) the liability limits of the at-fault driver.
If you want to find out how much your case is worth and how much to expect from a motorcycle accident injury settlement, you can use our accident settlement calculator or call us for a free consultation with one of our experienced attorneys.
How much to expect from a motorcycle accident injury settlement in Michigan?
There are several key factors that affect how much to expect from a motorcycle accident injury settlement: (1) your injuries and prognosis; (2) whether you are partially or fully disabled from working; and (3) whether your injuries have resulted in an impairment that affects your ability to lead your normal life.
Other factors that could affect the value of your lawsuit include:
- Your current and future medical needs based on your medical diagnosis, type of injury, duration of symptoms, duration of injury-related impairment and duration of treatment
- Whether your injuries will necessitate “excess” coverage for present and future medical bills and lost wages
- The experience, track record and reputation of your lawyer (attorneys who are known for going to trial can settle cases for money and often much faster)
- The at-fault driver’s auto insurance company, adjuster, and defense attorney
- The coverage limits in the at-fault driver’s (or vehicle owner’s) liability insurance policy
- The coverage limits in your “uninsured motorist” and “underinsured motorist” insurance policy
- The liability policy limit for the at-fault truck or trucking company (federal law sets the minimum bodily injury liability policy limit at $750,000)
What is considered a good amount?
The amount of a motorcycle accident injury settlement will depend on the factors discussed above, such as a person’s injuries, inability to work and the effect of impairments on their ability to lead their normal lives. But it will also depend significantly on how much liability insurance coverage the at-fault driver has.
In Michigan, anyone who drives a car or truck is required to carry liability insurance with a $250,000 limit to cover “bodily injury to or death of 1 person in any 1 accident” and a $500,000 limit to cover “bodily injury to or death of 2 or more persons in any 1 accident.” (MCL 500.3101(1); 500.3009(1)(a-b))
However, the law also allows drivers to “purchase lower limits” of $50,000 and $100,000. (MCL 500.3009(5))
What is the average motorcycle accident injury settlement?
Unfortunately, there is no public or private entity – at either the state or the national level – that collects, updates, reports and/or publishes data about the average motorcycle accident injury settlement in Michigan.
Our top motorcycle accident injury settlements
Our attorneys obtained the following settlements: (1) $6.2 million for a motorcyclist killed by a truck in an out-of-state crash; (2) $1.1 million for a motorcyclist who had been denied attendant care; and (3) $1 million for a motorcyclist who had surgery for a neck fracture.
How to receive your compensation?
There are three ways that an injured motorcyclist in Michigan can receive compensation for pain and suffering and other economic damages:
- A pre-lawsuit settlement
- A settlement after a lawsuit has been filed
- A jury returns a verdict in favor of the crash victim, directing how much the at-fault driver (as well as his or her auto insurance company) must pay to the victim for the pain and suffering his or her negligence has caused
Types of claims that result in motorcycle accident injury settlements
There are two types of claims that a motorcyclist may bring after being injured in an accident caused by the at-fault driver of a car or truck:
- Third-party claim – This is a lawsuit that is filed against the negligent driver responsible for causing a motorcycle crash in Michigan. It is also referred to as a negligence claim or a tort claim. The compensation and damages that can be sought in a third-party lawsuit include pain and suffering compensation (which is also referred to as noneconomic loss damages) and “excess” No-Fault medical benefits and wage loss benefits. If the injured motorcyclist is “more than 50% at fault,” he or she will be barred from recovering in a third-party claim.
- First-party claim – A first-party claim is between the motorcycle crash victim and the auto insurance company through which he or she is seeking No-Fault benefits, also called personal injury protection (PIP) benefits. If a motorcycle rider was involved in an accident with a car or truck, he will qualify for Michigan No-Fault benefits. The allocation of fault does not affect recovery of No-Fault benefits for your motorcycle crash. In other words, even if the motorcycle operator was found 90 or even 100 percent responsible for the accident that caused his injuries, and therefore, was completely barred from recovery of any pain and suffering damages, he would still be entitled to No-Fault insurance benefits. These benefits include medical expenses related to the automobile crash, wage loss for the first three years following the accident, household replacement services (chores/help with children), payment for mileage to and from medical appointments and attendant care, also referred to as nursing services.
Need help? Call the attorneys at Michigan Auto Law
If you have been injured in a an automobile crash and would like to speak with an experienced attorney, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced accident attorney by emailing [email protected] or you can use the chat feature on our website.