If the above scenario describes your case, you may still wish to contact an experienced motorcycle personal injury lawyer to review the case before you sign the settlement papers. The lawyer will be able to tell you whether the settlement is fair in light of your injuries and damage to your bike and protective gear you were riding at the time of the accident. The experienced personal injury lawyer knows how certain physical or mental conditions caused by an accident can lie dormant for several months and may advise you on holding off on the settlement for a while just to make sure you cover all your bases. Indeed, the attorney may tell you that your case is worth substantially more than what the other party’s insurance company is offering and sign you up as a client.

In cases involving more serious injuries—such as serious injuries to your feet, ankles, legs, pelvis, hips, or groin, or a broken neck (quadriplegia), a broken back (paraplegia), or serious chest injuries—or cases involving the death of the motorcycle operator and/or his or her passenger, if any, you should definitely contact an experienced motorcycle personal injury law firm as soon as possible.

You or a member of your family—or your attorney acting on your behalf—should contact your own insurance agent right away and inform the agent of the accident, even if it was the other driver’s fault. Promptly reporting all accidents you are in—even those that are not your fault—to your insurance agent is a standard requirement in the typical motorcycle (and automobile) insurance policy. If you wait too long to inform your insurance company of the accident, your insurance company may be relieved of its duty to pay you any damages if your insurance otherwise covers the injury. This is particularly true when you get into an accident with a driver who is uninsured or your damages are more than the other driver’s policy limits (i.e., underinsured) and you have to turn to your own uninsured/underinsured motorist coverage to make up the difference. (Uninsured/ underinsured motorist insurance coverage is not required by the state, but it is well worth the extra money for the added protection it provides.)

In the typical personal injury case, including motorcycle cases, often before you hire a lawyer—indeed, sometimes while you’re still in the hospital recuperating from your injuries—an adjuster assigned by the other party’s insurance company may contact you. The adjuster has one goal and only one goal in mind: to settle the claim as quickly and as cheaply as possible. Insurance companies are not charitable institutions gleefully handing out generous sums of money to injured persons. They are big businesses that have to answer to their shareholders who are only concerned with the stability of their investment, not the health of persons injured or killed by the insurance company’s clients.

Some unscrupulous adjusters will tell you that you don’t need an attorney, that the attorney will just be taking a big chunk out of the settlement the insurance company is willing to pay you, and you’d be better off handing the matter on you own. However, studies consistently show that injured persons represented by an attorney generally end up with more money in their pockets, even after the lawyer is paid his or her fee (which doesn’t happen until and unless a favorable settlement or jury award is obtained for you) than if you try to settle the claim on your own.

The insurance adjuster will want to take a recorded statement from you as soon as possible after the accident. Except in those cases where your injuries are relatively minor, there is no question that the insurance company’s insured was at fault, and you feel competent enough to handle the case on your own, you should tell the adjuster that you are hiring an attorney and will be turning everything over to him or her and you have nothing further to say right now.

DO NOT GIVE THE ADJUSTER A RECORDED STATEMENT UNTIL YOU HAVE HIRED AN ATTORNEY WHO WILL ADVISE YOU ON WHETHER TO GIVE A RECORDED STATEMENT TO THE ADJUSTER. In most cases, if your lawyer lets you give the adjuster a recorded statement, you should only give a recorded statement to an adjuster with your attorney at your side. If you have suffered a serious injury, the insurance company will send one of its most experienced adjusters to get your statement, and the experienced adjuster will know what questions to ask to make it look like you caused or contributed to the accident, or you are not in as much pain or as injured as you claim to be.

If you hire our Law Firm to represent you, from that very moment we will immediately begin preparing your case for trial. Although 95 percent of all personal injury cases settle before trial, we believe that only by preparing your case for trial from the start shows the insurance company we are not going to back down and accept less than a full settlement for our clients. Insurance adjusters know which firms are serious about going to trial and which firms are settlement firms, and will settle the case for less than its full value if necessary to avoid going to trial.
We will strive to get you the highest monetary compensation for your damages. These include:

• Your medical expenses, both medical expenses you have already incurred and compensation for all medical care related to the accident that you will need in the future. In many cases, the insurance company will try to settle the case before you have completely recovered from your injuries, or if you have suffered a traumatic brain injury, amputation, or other serious injuries that may take years to heal and require numerous operations. If you need special equipment, such as a wheelchair, around-the-clock caregivers, or a specially modified van, we will make sure that these elements of damage are included in your settlement or jury award.

• Your lost wages, including not only the wages you have already lost, but all earnings you will lose in the future because of the injury. If your injury prevents you from returning to your old job, we will do our best to get you damages for retraining for a new job if that is appropriate. If you are permanently disabled from the accident and incapable of performing any reasonable job, we will do our best to see that you are fully compensated for that.

• If you have a small business that can’t operate without you that you will have to close down because your injuries prevent you from going back to work within a reasonable time, or you suffered a traumatic brain injury, quadriplegia, paraplegia, or other injury that prevents you from operating your small business, this is an element of damages you are also entitled to recover.

• Your pain and suffering due to the accident, including your loss of enjoyment of life. Damages for pain and suffering can be substantial, and are often the highest element of a jury’s award.
• Property damage, such as the cost of repairing your bike or getting a new bike, and the cost replacing the protective clothing you were wearing and a new helmet, if necessary. Note that if your motorcycle was totaled in the accident, you are not entitled to the full cost of a brand new bike. You are only entitled to recover the reasonable price of your motorcycle at the time it was totaled. So if a new bike would cost $15,000, but yours was several years old, with a lot of miles and wear and tear on it, your recovery for the price of your totaled bike will be thousands less than the retail price of a new bike.

• Any other damages or loss you suffered as a result of the accident.

To get you the highest out-of-court settlement or jury award possible, in many motorcycle accident cases we will hire specialists in their field to testify. These are known as “expert witnesses,” professionals who are familiar with accident reconstruction, the defective design or manufacture of motorcycles, metallurgy, dangerous roads, traumatic brain injury, or paralysis, to name a few. These experts are needed to explain and prove to the jury that the motorcycle was defective, that the roadway was dangerous to motorcyclists, or the seriousness of the injury and how the victim will have to adapt his or her life to a disabling condition.

Financial experts will be called upon to testify on the amount of money it will cost in medical expenses to treat the victim for the rest of his or her life or until he or she has recovered from the injuries, as well as proving the amount of lost wages and earners the victim would have earned had he or she not been injured or killed by the negligent driver.

If you have been injured in a motorcycle accident and the insurance company offers to settle the case for what you believe is a large award, listen to your attorney when he or she tells you that the insurance company will pay a higher amount. You have the right to override the attorney’s opinion and accept the settlement amount, but you should keep in mind that the attorney is experienced in this type of case and has a better grasp of what a fair settlement is. An experienced personal injury lawyer will know the approximate value of your case by his or her previous experience and by keeping current with how much money similar motorcycle cases are settling for or the amount of money juries are awarding. Of course, every case is different and the settlements or jury awards in other cases are just guidelines the lawyer can use to help him or her determine the value of your case.

One strike the injured motorcyclist has against him or her is the fact that some people still believe that all or most motorcyclists are irresponsible rebels who don’t deserve to be compensated. Although the stigma of being a motorcyclist has largely disappeared, there are still a lot of people out there who think that motorcycle riders are anti-establishment hooligans portrayed in the old movie “The Wild Bunch.” Your lawyer will do everything possible to keep such persons from being a juror on your case. Your lawyer will also make known to the jurors that approximately one-half of the over 7 million motorcycles on the road are ridden by working professionals over the age of 40, many of whom join social motorcycle clubs which meet weekly and go on weekend day trips or monthly overnighters as a form of recreation, socializing, and relaxation.

Bear in mind that if you have been seriously injured in a motorcycle accident case and are unable to go back to meaningful work, the money you settle for is all that you will get for the rest of your life. You must budget the money appropriately. If you squander your money on an expensive new car, a big new house, etc., the money will disappear long before your need for it is gone. Stories abound among personal injury lawyers of the paraplegic they were able to get several millions of dollars for, who five years later comes back to the lawyer with hat in hand asking for money for a new wheelchair or other expense, as they had already used up all of the settlement or award proceeds. If you get a large settlement or jury award, the first thing you should do is ask your lawyer about getting a good certified financial planner to help you come up with a reasonable budget and investment strategy.

If you were the driver of a motorcycle and were the victim of another driver’s negligence, but you did not have motorcycle insurance at the time, the monetary damages you will be entitled to recover from the party that hurt you will be limited to your medical expenses, lost wages, property damage, and other “pecuniary” losses. However, you will be barred from suing for “non-pecuniary” damages, such as pain and suffering, which in serious injury cases can run into tens or even hundreds of thousands of dollars. This limitation does not apply to the passenger on the bike, if any, nor does the pecuniary damages limitation apply in wrongful death cases.

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These limits were set decades ago and are really insufficient to cover today’s medical costs, lost wages, pain and suffering, property damage, and other expenses caused by the accident. Therefore, we recommend you protect yourself with significantly higher limits, such as $50,000 or $100,000 per person, $100,000 or $300,000 per accident, and at least $50,000 property damage coverage. While these limits will cost you more in the short run, if you have the minimum limits and they are insufficient to pay all of the damages, the injured person may additionally seek to go after your personal assets to cover all of the expenses arising from the accident.

In addition to the traditional liability and property damage insurance, we also recommend that you obtain uninsured/underinsured insurance to protect you from a motorcycle driver who has no insurance, or has only the bare limits and they are inadequate to cover all of the injuries and damages you and your passengers suffer from the motorcyclist’s negligent operation of his or her bike.

If a peace officer stops you for a violation, or you are involved in an accident in which there is personal injury or death or property damage in excess of $750, and you are unable to provide proof of insurance (“financial responsibility”), the officer may issue you a ticket for an infraction, which can result in a fine from $100 to $500, depending on the number of times you have been ticketed for failing to show proof of insurance. If you are unable to prove to the court that you did in fact have insurance, the court may order the motorcycle impounded and your driver’s license suspended completely for up to one year. Upon your showing proof of insurance, the court may issue you a restricted driver’s license, usually permitting you to drive only to and from work for the year. You will need to provide the DMV with proof of insurance to get a restricted license.

Now let’s look on the opposite side: Suppose you are riding a motorcycle without any insurance and are struck by a careless driver. You suffer serious and painful bodily injuries and your motorcycle is a total loss. Even though you were unlicensed, can you make the negligent motorist pay for all of your injuries and damages? In California, an uninsured driver who has been injured by another person’s negligence can recover only “economic” damages, but not “non-economic” damages.  Proposition 213 passed by the California legislature covers this area of the law.

Economic damages are actual, out-of-pocket costs, such as medical expenses, lost wages, and the value of the motorcycle when it was totaled (not what it would cost to replace it with a brand new one). Non-economic damages include pain and suffering, mental anguish, loss of comfort and society, and other intangible damages that you can’t just look up in a directory and determine their cost. Damages for pain and suffering often make up a hefty portion of a personal injury settlement or jury award. But if you had no insurance, you are not entitled to recover damages for pain and suffering and other intangible injuries. Depending upon the severity of the case, this could result in the loss of tens or even hundreds of thousands of dollars that you could have recovered had you been insured.

Although California law requires only that you carry the “15/30/5” policy, we strongly suggest that you get considerably higher limits, at least $50,000 per person, $100,000 per accident, and $50,000 property damage. If you have significant wealth, you should seriously consider getting a policy that provides $100,000 per person, $300,000 per accident, and $50,000 property damage. You should also seriously consider getting an “umbrella” policy that provides up to $1 million or more protection at a cost of only a couple of hundreds of dollars. An umbrella policy typically covers your house, motor vehicles, motorcycles, personal liability, etc. and kicks in after your primary insurance limits are exhausted. Umbrella policies are the best value in insurance products and can save you from financial ruin. You should contact your insurance agent promptly to see about getting an umbrella policy.

If you have been involved in a motorcycle accident, call now or fill out the form on the right hand side of this page and a lawyer will respond.

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As soon as he or she receives a copy of the police accident report, the adjuster will be calling you or visiting you in the hospital within days. Lawyers are prohibited from soliciting or contacting potential clients, but there is no such restriction on insurance companies. They can call you as soon as they learn of the claim. And make no bones about it: the adjuster will contact you very soon, often telling you that you don’t need to hire a lawyer to represent you, that the lawyer will drag the case on for years and take a big chunk out of your settlement.

Keep this in mind at all times: THE ADJUSTER IS NOT YOUR FRIEND AND IS NOT LOOKING OUT FOR YOUR BEST INTERESTS. The adjuster works for the enemy, the insurance company. The adjuster’s only job is to settle the case as quickly and for as little as possible. The adjuster may seem empathetic or sympathetic to your situation, but this is all an act. The only thing the adjuster is really concerned with is keeping his or her job, which means settling the case fast and cheaply.

The insurance adjuster will pressure you to give a recorded statement as soon as possible. The seasoned adjuster has taken hundreds of statements and knows how to manipulate the questions so that it comes across that you were partially or wholly responsible for the accident or that you are not really injured all that badly. These words will come back to haunt you when your lawyer is negotiating a possible settlement with the insurance company. Do NOT give a recorded statement to the adjuster until you have talked with an experienced personal injury lawyer, who will likely advise you either not to give a statement or to tell the adjuster that you will be willing to give a recorded statement, but only if you can have your lawyer present. Once you are represented by an attorney, the adjuster must deal directly with him or her, and is not allowed to contact you directly without your attorney’s consent, which is rarely given.

If you have been injured or a loved one killed in a single motorcycle accident due to the carelessness of another person or defect in the motorcycle, you should contact an experienced personal injury law firm as soon as possible. When deciding on which attorney or law firm you should hire to represent you, you should be guided by several factors. First of all, you should choose someone with experience in your type of injury. Second, you will want a lawyer or law firm that is competent, able to handle the case. Third, you want a lawyer or law firm with integrity. Fourth, you want to retain a lawyer or law firm that has the highest ethical standards.

It is also important to contact an experienced personal injury law firm promptly, as the law firm may want to send its own investigators to examine the evidence before it is lost or changed. In a vehicle-motorcycle accident, the lawyer’s investigator may want to go to the scene of the accident to inspect and take pictures of the damaged motorcycle and car, the accident site, and any dangerous condition that caused or contributed to the accident, especially before there is a change in the condition of the area or vehicle. Finally, the investigator will want to talk to any and all witnesses to the accident as soon as possible, while the facts are still fresh in their minds. Depending on the facts of the case and the insurance company’s denial of the claim, the lawyer will want to have an expert in traffic reconstruction examine the facts and recreate the events to prove the other driver was in fact liable for the accident.

Unlike some of the law firms out there, we are not a “settlement mill.” We are prepared to take each and every case to trial. Insurance adjusters tend to low-ball settlement mills, knowing they will not take the case to trial and therefore will accept a lower settlement figure.

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Insurance companies are in the business of turning a profit.  To that end, an insurance adjuster is trained to de-value your case.  They are often seasoned professional’s who’s sole job is to pay as little as possible to settle your case.

The last thing an insurance adjuster wants is for you to speak with a lawyer about the true value of your case.  Soon after your motorcycle accident, you may receive a phone call from an insurance adjuster or a representative from the insurance company asking for a recorded statement.

DO NOT GIVE A RECORDED STATEMENT without first consulting with an experienced motorcycle accident lawyer.  Insurance companies have hundreds, if not thousands of lawyers working for them and against you.  Even the playing field by speaking with and hiring a lawyer immediately.

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