Will I be Compensated for My Totaled Motorcycle?
It is reasonable that you will have a lot of questions if you were the victim of a motorcycle accident. Especially if the accident was at the fault of the other driver. You will probably be wondering whether or not you are eligible for compensation for your totaled motorcycle in addition to sustained injuries from the accident.
Causes for Totaling a Motorcycle
When determining whether or not a motorcycle is totaled, there are certain considerations that need to be made.
- Is the bike valued at less than it would cost to repair it?
- Has the bike been so severely damaged that it does not meet the minimum requirements to safely be driven on the road.
- Is it unable to be safely repaired despite the severe damage in incurred?
Compensable Losses
Accidents involving motorcycles can be awarded financial compensation depending on the details surround the incident. Claims are also expected to cover losses as the result of someone else’s disregard while driving , ie losses, damages and injuries that impacted the victim. Accident cases can receive monetary compensation for losses as the result of the accident from:
Property loss or damage
- Pain and suffering
- Mental distress
- Disfigurement
- Medical expenses
- Physical disability
Motorcycle Accidents and Tort Law
A tort is when there are losses to a party from an act that results in damage or harm to another person. Receiving compensation following a motorcyle accident that results in damages, losses or injuries is governed by tort law. A motorcycle accident caused by a driver who is found liable for negligence is a tort because this type of accident is considered to be a civil wrongdoing.
Insurance Claims
It is not always a guarantee that you will receive fair compensation, if an insurance company makes the decision to total the motorcycle. It is common practice for insurance companies to limit the amount of money compensated to victims for damaged property, including that of a motorcycle. The insurance company’s goal is to limit the amount they must pay out to victims. Motorcycle accident attorneys can help you to obtain a fair settlement that will include compensation for the motorcycle through negotiation with the insurance company.
Individuals who did not utilize the the services of an attorney, like a motorcycle accident Des Moines IA trusts, and filed the insurance claim on their own reported that, in doing so, reduced the amount of settlement money that was received. Despite attorney fees, it has been proven that when a claimant retains legal counsel for their settlement, they end up with larger settlements than someone who does not.
Thanks to our friends and contributors from Johnston Martineau PLLP for their insight into motorcycle accident cases.