Philadelphia Motorcycle vs. Car Accidents
If you have been injured in a car accident previously, you may be expecting a certain legal process if you pursue financial compensation. While the major rules of all motor vehicle accident claim processes are substantially the same, there are certain key differences in a motorcycle accident case that could complicate your claim.
All told, you can expect a more difficult claims process when you have been injured in a motorcycle accident. The insurance company knows that it may owe a substantial amount of money, and they do whatever it can to protect itself. An experienced motorcycle accident lawyer fighting on your side is a must if you want to be fully paid for your injuries.
Insurance Company Tactics
Insurance companies use whatever tactics are at their disposal to protect themselves against having to pay the full value of your claim. Many people claim that insurance companies have a bias against motorcyclists. An insurance company knows that it may owe an injured motorcyclist a significant amount of money, and it uses every trick in the book to lower your compensation.
The insurance company knows that they could either reduce the amount of money that they owe you or even avoid paying you altogether if they are able to make allegations against you that stick. It is up to you to fight back when you have been blamed for the accident. Your motorcycle accident lawyer would need to come up with evidence that exonerates you in order for you to receive full compensation. If you do not counter these allegations with hard facts of your own, you could end up getting less than you deserve in compensation, or even receiving nothing at all.
Limited Tort Coverage Does Not Apply
In a car accident case, the “limited tort” system in Pennsylvania may apply to your claim. You would have personal injury protection that can cover some of your medical expenses and lost wages, up to the amount of the policy limit. You would not have to prove to qualify for these payments. On the other hand, you may not be able to receive “non-economic” damages, such as pain and suffering, unless you can both prove fault, and you have suffered a serious bodily injury.
Since there is no limited tort coverage available for motorcyclists, the standard personal injury rules apply to your case. Any payments that you receive for your injuries would come from the driver’s insurance company after you have been able to prove fault. If you can show negligence, you are eligible for full payment for all of the damages that you have suffered, up to the policy limit. This includes things like pain and suffering and emotional distress.
Motorcycle Accident Injuries Are More Serious
In any type of accident involving a motor vehicle, there is a chance that you can suffer serious injuries that can change the course of your life. There is a greater possibility of this happening in a motorcycle accident. As a motorcyclist, you have little to nothing that can protect you from Impact with a car. Further, you would likely be thrown from your motorcycle to the pavement, leading to serious injuries. There is very little chance that you would walk away from a motorcycle accident completely unscathed.
Roughly three-quarters of motorcyclists suffer some type of injury in a crash. More car accidents are “minor in nature,” meaning that drivers and the occupants of their vehicles may not even suffer an injury at all. This is very rare in the motorcycle context.
The fact that a motorcycle accident injury is more serious means that you could be entitled to more compensation for your damages. The amount of your settlement check is tied to the severity of your injuries, so it follows that motorcycle accident cases are typically worth more money. The insurance company knows this, too, so they try to make your case as difficult as possible.
You May Have More Future Expenses
Because you are likely to have suffered more serious injuries, you may need medical care and incur losses far into the future. Any type of personal injury claim should compensate you for both past and future damages. Although car accidents could result in permanent injuries, there is a greater chance that you would need medical care in the future due to the severity of the harm that you suffered in a motorcycle crash.
Accordingly, a motorcycle accident lawyer may need to work with expert witnesses to quantify the full extent of your damages. It is vital that you get this calculation correct because you only have one chance to settle a motorcycle accident claim. Once you accept a settlement check, you are signing a release clause that states that the insurance company does not have to pay you any more money in the future. Before you file your claim, you need to have a detailed idea of what your needs are in the future.
Although you need an experienced lawyer in every type of personal injury case, the need is even more critical in a motorcycle accident claim. There is likely to be more money on the line and more ways that the insurance company can make your claim more difficult. Not only do you need a motorcycle accident lawyer, but you must have one who has specific experience in this area. You must be prepared to counter anything that the insurance company could do to frustrate or underpay your claim.
Contact a Philadelphia Motorcycle Accident Lawyer at Bikers Have Rights if You Are Seeking Compensation for Your Motorcycle Crash Injuries
If you have been injured in a crash while on your bike, get legal help from a Philadelphia motorcycle accident lawyer at Bikers Have Rights. You need someone who can stand up to the insurance company, and we are up to the task. For a free consultation, contact us online or call today at 877-333-0300. Located in Plymouth Meeting, Pennsylvania, we proudly serve clients throughout Pennsylvania and New Jersey.
