How much is your motorcycle accident claim worth? There are several factors that may influence the type of compensation you recover after being injured in a crash. If you were hurt in a wreck caused by another party, speak with a skilled lawyer about damages in Louisville motorcycle accident claims.
Kentucky is what is known as a no-fault state. This means insurance companies that write insurance in this state provide no fault insurance. This type of insurance coverage is also called personal injury protection (PIP) benefits.
This coverage affords up to $10,000 of your medical bills, lost wages, and similar “out of pocket” costs due to injuries stemming from a car accident no matter who is “at fault” for the accident. PIP is paid by the insurer of the vehicle in which the injured person occupies at the time of an accident, or the vehicle hits a pedestrian. Accident victims can get higher PIP benefits in excess of the $10,000 if they desire.
As noted above, state law does not require insurers to provide PIP coverage on motorcycles. Thus, PIP is optional on motorcycles. If a motorcyclist elects not to obtain PIP coverage, it will typically be the case that they will be unable to recover the first $10,000 on any injury claim they have from the at-fault party in a motorcycle accident.
For example, if an injured motorcyclist obtains a $50,000 court judgment on a case for their damages sustained in a motorcycle accident, they will only be entitled to receive $40,000 from the at-fault party or their insurance company. Why is this? It’s because state law punishes motorcyclists who do not have PIP coverage on their motorcycle. A $10,000 offset has to be overcome on any accident case involving a motorcyclist (or their passenger) before they are entitled to any compensation for their damages simply because of the fact that they were driving a motorcycle without any PIP coverage.
The two main types of compensation available in a personal injury case are economic and non-economic damages. These damages compensate the injured party for losses such as medical bills, lost wages, and pain and suffering.
The value of pain and suffering damages depends on the type of pain and discomfort endured by the injury victim or if they will continue to suffer and also the severity and duration of the injuries. It is helpful to research historical data for pain and suffering damages awarded by juries in motorcycle collision cases involving similar injuries to the accident victim.
An important factor in determining the value of a motorcycle accident injury claim is how much insurance coverage is available to the injured person. It is important to assess the at-fault driver’s liability insurance coverage. Per state law, drivers must maintain minimum bodily injury liability limits of $25,000 per person and $50,000 limits for bodily injury per accident.
If the other driver did not have insurance, a motorcyclist in Louisville may be eligible to recover compensation for uninsured motorist benefits. Or if the at-fault driver did not have enough insurance, a motorcyclist may be eligible to recover compensation for underinsured motorist benefits. Another important factor in determining the value of a claim, is the severity of the injuries the person sustained as a result of the motorbike accident.
One more factor that must be analyzed to determine the value of a motorcycle injury claim is whether the motorcyclist has any fault for the accident. Kentucky is what is called a pure comparative negligence state. This means that the motorcyclist can still recover their damages even if they are determined to share a portion of liability, so long as they are not to be determined to be 100% at fault for the accident.
For example, if a motorcyclist is determined to be 25% at fault for the accident, and another driver is determined to be 75% at fault for the accident by a jury, the motorcyclist’s claims for damages are diminished by 25% of the amount of their damages. In this scenario the motorcyclist is only entitled to recover 75% of their damages from the other driver’s insurance company.
It can be difficult to determine the amount of monetary damages available in a potential case. Consequently, it is highly recommended that anyone injured on a motorcycle retain an attorney to investigate how much compensation is available in their case.
Meagher Law Office fights hard for our clients that have been injured in a motorcycle accident. We seek maximum compensation in all cases that we handle. If you have been injured in a motorcycle accident, do not hesitate to schedule your 100% free legal consultation. Talk to Attorney Tate Meagher about damages in Louisville motorcycle accident claims.