The value of a New Orleans motorcycle accident claim depends on several factors. Valuing a claim for motorcycle injuries involves more than adding together your medical bills and multiplying that total by three (or other arbitrary number). Below are four factors that can significantly impact the final value of your motorcycle accident claim.
Contributory Fault
If you have any responsibility for causing the motorcycle accident, the value of your injury claim can be reduced by the percentage of fault assigned to you for causing the crash. Beware! Insurance companies use contributory fault to undervalue claims. The insurance provider for the other driver may claim a motorcyclist contributed to the cause of the crash even though fault has not been established. Don’t admit fault and don’t settle a claim without talking to a New Orleans motorcycle accident lawyer.
Injuries
The type and severity of your injuries impact the value of your injury claim. More severe injuries require additional medical treatment and take longer to heal. Therefore, medical costs and loss of income are usually higher in cases involving traumatic motorcycle injuries.
Additionally, severe injuries usually increase the value of the noneconomic damages or pain and suffering damages associated with a motorcycle accident claim. If you sustain a permanent impairment or injury, your claim will also be worth more because of future and ongoing medical expenses and loss of income.
Available Insurance Coverage
The insurance company for the other driver is only liable for damages up to the policy limits. Therefore, if the other driver has minimum insurance coverage, the amount of money you can receive for your motorcycle accident may be very limited. For this reason, it is a wise idea to invest in underinsured motorist coverage on your motorcycle insurance policy.
Underinsured motorist coverage pays additional compensation when a claim exceeds the policy limits of the at-fault driver’s insurance policy. The cost of underinsured motorist coverage is usually affordable and reasonable in light of the protection it offers if you are seriously injured in a motorcycle accident.
Your Actions
Your actions at the accident scene and after the accident can have a significant impact on the value of your motorcycle accident claim. Be careful what you say at the accident scene. A simple statement such as “I’m sorry” could result in a much lower value of your injury claim.
Also, avoid using social media, posting any information online, or using other electronic means to communicate with family and friends about your accident or injuries. Anything you post online could be used against you by the defense. You would be surprised how easy it is for defense attorneys to gain access to online information. In some cases, judges may grant access to a victim’s social media accounts.
Follow up with your doctor and complete your treatment plan. You do not want to give the insurance company any reason to argue that you made your injuries more severe by your actions after the accident.
Contact a New Orleans Motorcycle Accident Attorney for Help
Call Attorney Fred Olinde or another member of the legal team at The Olinde Law Firm at (504) 587-1440 or 1-800-587-1889 to schedule
a free consultation with one of our New Orleans motorcycle accident attorneys.