Like any motor vehicle accident, every motorcycle accident is unique, and your potential settlement or award will depend on the circumstances of the crash. However, three main factors will commonly affect motorcycle accident claims. Let’s take a closer look.
Factors Affecting Your Motorbike Accident Compensation Claim
Below we discuss three factors that commonly influence motorcycle accident claims. These factors can affect your potential settlement or award.
The Amount of Applicable Insurance Coverage
The applicable insurance policy coverage is one of the most critical factors affecting your accident claim. North Carolina is a fault-based state, meaning the negligent driver is financially liable for injuries and damages they cause in an accident. Because of this, every motorist is required to maintain a minimum amount of motor vehicle insurance.
All motor vehicles, including motorcycles, must have coverage of at least:
- $30,000 per person for bodily injury claims and up to $60,000 per accident;
- $25,000 for property damage claims;
- $30,000 per person in uninsured bodily injury coverage, up to a total of $60,000 per accident; and
- $25,000 for uninsured property damage claims.
If a negligent driver hits you and you wish to pursue an accident claim, you are generally limited to the other driver’s policy maximum. However, as a motorcycle accident victim, your injuries and damages may be severe and can easily exceed these policy limits. For instance, if you suffer from a traumatic brain or spinal cord injury, your medical bills can quickly reach hundreds of thousands of dollars.
Despite the mandatory minimum coverage laws, many people drive without insurance. Suppose the negligent driver is uninsured or has insufficient coverage for your medical bills, lost wages, and other damages. In that case, your uninsured/underinsured (UM/UIM) motorist coverage may cover those additional costs up to your policy limits. So many people buy additional UM/UIM coverage to protect themselves and their families. No matter the circumstances, you will want to ensure you receive the maximum amount you are entitled to under the policy limits.
Strength of the Evidence Supporting Your Claim
The compensation you receive due to your motorcycle accident claim will depend on the strength of your evidence. Remember, the other driver’s insurance company will look for any reason to deny your claim or pay as little as possible. You will want to have high-quality evidence to obtain the most amount of compensation.
Commonly used evidence in motorcycle claims includes the following:
- Medical records;
- Medical bills and anticipated future medical costs;
- Accident or police report,
- Eyewitness statements;
- Lost income calculations;
- Accident reconstruction;
- Motorcycle repair or replacement cost; and
- Documentation of how the crash has impacted your quality of life.
It is essential to identify the strengths of your case and any potential weaknesses, especially because North Carolina is a contributory negligence state. In other words, if you are found to be even partially at fault for the crash, you could be barred from recovery altogether.
Timely Filing
Importantly, you must file your claim before the statute of limitations deadline. The failure to do so can result in your forever losing your right to pursue compensation. In North Carolina, you generally have three years from the accident date to file a civil lawsuit for damages.
We strongly encourage accident victims to file their claims shortly after the accident. This will get the ball rolling and encourage negotiations to begin. Pursuing your claim while the events are still fresh in your and potential witnesses’ minds is also beneficial.
North Carolina Motorcycle Accident Lawyer
Motorcycle accidents often involve catastrophic injuries, and the aftermath can be overwhelming. But with the Law Offices of Naomi Ellis, PLLC, by your side, we’ll help you build a strong claim geared for success. To learn more about how we can assist you, contact our office today to schedule a consultation.
My practice focuses exclusively on personal injury law, including cases involving motor vehicle collisions, wrongful death, and catastrophic injuries. I understand the difficulties and stresses an accident and injury can place on a person’s life and I work hard every day to ensure my clients are fairly compensated for their losses.
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