Do All Motorcycle Accidents Settle?
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- Do All Motorcycle Accidents Settle?
While most motorcyclists enjoy the freedom of the open road, they also understand the risks that come with it. According to the NHTSA, a rider is 28 times more likely to die and 4 times more likely to be injured in an accident than the average motorist. If you have been injured in a motorcycle accident, you may want to file to receive compensation for your injuries as soon as possible. This means settling your case fast so you can focus on making a full recovery.
The problem is that you might find that the insurance company is not so willing to work with you. They do not always agree that the motorcyclist is without fault. Riding a bike requires extra skill and increased situational awareness. One small mistake can have disastrous results, including the other party pointing the finger at you. This is why many motorcycle injury cases do not end in a settlement.
If you were injured in a motorcycle accident, you will need a team of experienced personal injury attorneys by your side. Accident laws in Arizona can be complicated. Phillips Law Group is dedicated to helping its clients get the compensation they deserve. We have been litigating motorcycle accident cases for over 26 years. In that time, our clients have won over $1 billion in damages. We will not let the insurance company intimidate us.
Call Phillips Law Group today at (800) 706-3000 for a free consultation. There is no fee unless you win.
Arizona’s Accident Laws
Arizona is an at-fault state. This means if you want to be compensated for your injuries, you must prove the other party caused the accident. A personal injury attorney will be able to gather the evidence needed to approach the insurance company about a settlement. It is not always that easy, especially here in the Grand Canyon State.
Arizona is also a comparative fault state. In a comparative fault state, the judge or jury will have to determine how much at fault each party is. From there, the damage percentages will be based on the amount of fault there is. For example, if you are 40 percent at fault and the defendant is 60 percent at fault, you will only get 60 percent of what you would have won. You would have to pay out 40 percent for the part you played in causing the accident.
The insurance company knows this and will use comparative negligence to its advantage. This is why it is difficult to get a quick settlement. You will need a personal injury attorney who understands the law to negotiate on your behalf. When a dispute arises and there is no swift resolution, taking the case to court will help end the dispute and damages will be awarded.
How Long Can It Take to Settle a Claim?
Unless there is clear, undisputed evidence of who is at fault for the accident, settlements can take some time. It will vary by each case based on how complex the situation is. In some instances, there may be three or more parties involved. Each side will need plenty of time to conduct its investigation and complete preliminary work to decide how to move forward.
As the victim, you may want to close the case as fast as possible, but waiting for the investigation could be much more beneficial to you. During this time, you may receive an initial settlement offer, but it’s better to wait.
Before you accept the offer, consult your lawyer. He or she will know exactly how much money you need right now and down the road. First offers are often lowball amounts meant to take advantage of your desperation. These will rarely be enough to cover your long-term needs, so hold out for the fair amount your lawyer can aim for.
What Compensation Can You Receive After a Motorcycle Accident?
If you have been injured in a motorcycle accident, you may want to know how much you can get. There are many economic and non-economic factors to consider. Your personal injury attorney will be able to run down the numbers for you based on these factors, which include:
- Medical expenses
- Lost wages
- Future earning capacity
- Lifelong disability
- Mental anguish
- Loss of limbs
- Pain and suffering
- Loss of enjoyment of life
You may also be compensated for any property damage to your motorcycle. This can result in being able to make repairs or completely replacing your bike if it was totaled in the accident. You will need to obtain an estimate of the damages from a third-party mechanic. An adjuster will also have to inspect the damages to determine whether they agree with the claim.
The Advantages of Settling a Claim
When it comes to settling a claim, you may be wondering what the advantages are. You might hear that taking the case to court may translate into receiving more money. This is not always true. Settling the motorcycle accident case may be in your best interest.
Taking a case to trial can be expensive for all sides, including you. Remember, your personal injury attorney will be paid a portion of your final settlement. Lawyer fees add up quickly when a case goes to court.
Time is another major advantage to settling your case. Cases that go to trial can take a long time. Typically, you would have to wait until a calendar date opens for a judge to be assigned, to find a jury (in some cases), and more.
Once you agree to a compensation amount, that money is guaranteed to you. There is no guarantee of any amount of money outside of what the insurance company might offer.
For example, getting compensation for mental anguish on top of your quantifiable losses may not be possible.
Or else you find out that the defendant does not have many assets you can claim. That would lead to your award being dramatically reduced.
Once a settlement is agreed upon, both sides get the chance to work out a structure for payment. Many plaintiffs choose a structured settlement because they can pay less in taxes that way instead of receiving the whole amount at once. The insurance company might like that option better as well.
Call Phillips Law Group Today
Whether you desire a fast settlement or want to duke it out for the maximum payout, you will need experienced attorneys to help you. The process is not easy and the insurance company is not your friend. While agreeing to a settlement can be to your benefit in some ways, settling too soon can hurt you in the long run. Phillips Law Group will be able to help you make the best decision for you based on your needs.
We did not become one of Arizona’s largest consumer law firms by being intimidated by insurance companies. Our 26 years of experience means we have the knowledge and skills necessary to help you get the highest settlement possible. Contact us today.
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