Trying to recover compensation from the insurance company after a motorcycle accident can be overwhelming. That’s why at Kaufman & Stigger, we help injured victims manage their insurance claims, so they can receive a fair settlement and get their lives back to normal.
Don’t let another day go by, waiting for the insurance company to decide what your injuries are worth. Contact Kaufman & Stigger to get your case settled quickly and efficiently. Call, text, email, or stop by our offices for a no-cost, no-obligation consultation.
Do I Need a Lawyer After Filing a Motorcycle Accident Claim with My Insurance?
If you’ve suffered serious injuries from a motorcycle accident, it is advisable to speak to an attorney about your legal options. While insurance companies are there to compensate you after a motorcycle accident, they are essentially looking to minimize your damages instead of covering them.
According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year. But the unfortunate truth is that the job of an insurance adjuster is to give you as little compensation as possible for your damages. And in some situations, they will outright deny your claim.
But at Kaufman & Stigger, we stand up for the rights of injured motorcyclists in Kentucky. Our firm will manage your motorcycle accident claim with the insurance company and begin negotiating a fair settlement based on the following damages:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
How Long Do You Have to File an Auto Insurance Claim After a Motorcycle Accident?
Auto insurance claims abide by the typical statute of limitations of any personal injury claim. Personal injury claims, such as motorcycle accidents, have a statute of limitations of two years from the day of the accident. Auto insurance claims usually require evidence and witness statements to prove liability, so it is important to file a claim as soon as possible. Evidence can deteriorate over time, and witnesses may forget critical details, which can be harmful to your claim.
Do You Have to File a Motorcycle Accident Claim?
Every year, thousands of Kentucky motorcyclists are victims of motorcycle accidents. Some of these incidents occur due to completely unpredictable hazards or reckless driving. But regardless of how the accident occurred, it is recommended to file a claim with your insurance company, no matter how minor the accident may be.
A common mistake most drivers make is thinking they can avoid having their rates raised by not informing their insurance about a minor accident. However, this can easily backfire. If the other driver involved in the minor accident files a lawsuit against you for the accident, then your insurance does not have to uphold their policy agreement with you since you failed to report an accident after it happened.
This will cause you to have to pay for damages without the help of your insurance. Even if your insurance decides to uphold your policy agreement, your rates will still go up. So, it is always recommended to report any accident you find yourself in.
What is Covered Under No-Fault Motorcycle Accident Insurance?
Under Kentucky Law, all motor vehicle owners must purchase and maintain at least $25,000 per person and $50,000 per accident in bodily injury liability insurance, as well as $25,000 in property damage liability insurance. Motorcycle riders are exempt from having at least $10,000 in personal injury protection coverage, which is required by all other motor vehicles, but it is recommended considering how dangerous riding a motorcycle can be.
The law also states motorists are required to file a claim for accidents involving damages of $500 or more, regardless if they were at fault for the accident or not. This is so your own car insurance policy will cover your damages without requiring proof of someone else’s fault.
For example, if you were injured in a motorcycle accident and were not at fault, your own insurance would cover your medical bills up to $10,000, if you purchased personal injury protection coverage. However, if you suffered injuries without personal injury protection coverage, then you should consult with a Motorcycle Accident Lawyer at Kaufman & Stigger to pursue compensation for your damages.
Am I Legally Required to Report a Motorcycle Accident to the Police?
When it comes to reporting an accident to the police, several regulations govern when a driver must report an accident. Below is a brief summary of when drivers must report an accident in Kentucky if:
- Anyone is injured, even minor scrapes and bruises count
- Anyone is killed in the accident
- Property damage reaches or exceeds $1,000, this includes damage to personal property as well, not just the vehicle
- Any drivers involved were operating a motor vehicle without a license
- Any drivers involved were intoxicated at the time of the accident
If you find yourself in the unfortunate situation of being in a motorcycle accident, it is recommended to always report it to the police. Failing to report when required can result in fines, loss of driving privileges, and even criminal charges.
How Much Can I Get from a Motorcycle Accident Claim?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. The attorneys at Kaufman & Stigger can help you understand what your settlement is worth and manage your claim to ensure you receive the maximum amount you are owed.
When determining the value of your motorcycle accident claim, it is important to note that no case is the same, and the outcomes vary on a case-by-case basis. The following factors will play a large part in determining the total value of your motorcycle accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy.
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety are caused by how much your life has changed since the accident.
Steps to Receiving a Motorcycle Accident Settlement
There are standard processes each car accident case must adhere to in order for a settlement to be paid out. These steps include:
- Signing the release form: once a settlement proposal is made, an attorney will go over the details with you. If you approve, then an attorney will prepare a release form. This release form releases the defendant from any future liability in exchange for a specific sum of money. Both parties will sign this form, legally confirming the agreed-upon amount and that no one can sue for more money in the future.
- The insurance company issues a check: the insurance company must pay the agreed amount and issue a check within 30 days from the day both parties have signed the release form.
- The car accident lawyer deposits the settlement check: an attorney will deposit the settlement check into IOLTA (Interest on Lawyers’ Trust Accounts). This account holds your money while the case is awaiting a final conclusion. The funds in this account will be used to pay for any outstanding medical bills, liens, and other expenses related to your case.
- Medical bills and other debt negotiations: you will not be able to receive any compensation until your medical bills are paid. An attorney will negotiate your medical treatment with the medical providers to ensure you’ve received adequate care while also getting the compensation you deserve from the settlement.
- You receive your settlement: an attorney will provide you with a written invoice, detailing the settlement amount minus liens and legal fees such as attorney’s fees and contingency fees. Once you sign off on the invoice, you promptly receive your settlement check in the mail.
Contact Kaufman & Stigger | Motorcycle Accident Injury Lawyers
After years of advocating on behalf of motorcycle accident victims in Kentucky, we understand that injuries are not only a result of physical harm but also often cause victims to suffer long-lasting mental trauma and even permanent disability. Having a legal situation drag out for years because of the insurance company is not only harmful to injured victims, but an unacceptable way for people to recover.
Get the legal help you need and your insurance claim settled by contacting us today for a free case review.
