There is no average settlement for a motorcycle accident because every case is different. The amount a person may recover depends on the facts of the crash, the severity of the injuries, the available insurance coverage, and many other factors.
Insurance companies closely review claims for motorcycle crashes. This may include reviewing medical records, examining accident reports, speaking with witnesses, and seeking grounds to reduce or deny a claim.
Our Long Island motorcycle accident lawyer understands how insurance companies evaluate these claims and how to gather evidence that supports your case. We handle communications with insurance adjusters and work to recover damages after a crash caused by someone else’s negligence.
Why There is No Average Motorcycle Accident Settlement
Because each claim involves different facts, there is no fixed settlement amount for motorcycle accidents.
The value of a claim often depends on factors such as:
- The severity of the injuries
- Medical expenses
- Future medical care needs
- Lost pay
- Loss of future earning ability
- Property damage
- Pain and suffering
- The available insurance coverage
- Whether fault is disputed
Each of these factors can affect settlement negotiations and the amount an injured person may recover.
Damages That May Be Included in a Motorcycle Crash Settlement
A motorcycle accident settlement may include compensation for the monetary and personal losses caused by the crash.
Medical Expenses
Healthcare costs are often a major part of a claim. Treatment received after the crash, ongoing care, and expected future medical needs may all affect the amount sought in damages.
Lost Income
Many people depend on their ability to work and earn a paycheck. When accident-related injuries keep a rider from working or limit future job opportunities, those losses may be included in a claim.
Pain and Suffering
Some losses are harder to measure than medical bills or lost income. An injury may affect a person’s comfort, independence, daily routine, and overall quality of life long after the crash.
When these losses are considered, the focus is often on how the injury has changed the person’s life and how long those effects are expected to last.
Future Losses
Some motorcycle accident injuries require care long after the crash. An injured rider may need future medical treatment, therapy, medications, or other continued support.
Serious injuries also affect a person’s ability to work. If someone cannot return to the same job or can no longer earn the same income, their future financial losses may be considered as part of a claim.
Medical records and other evidence may help show how the injury is likely to affect a person’s health, work, and finances in the future.
How Fault Affects a Motorcycle Accident Claim in New York
Sharing fault for a crash does not automatically prevent parties from recovering damages. In New York, an injured rider may still recover losses even when the insurance company argues that the rider contributed to the accident.
Fault can become an issue during settlement negotiations. For example, an insurer may claim that a rider was speeding, changed lanes improperly, or failed to take steps to avoid the collision. When fault is disputed, evidence becomes especially important.
Police reports, witness statements, photographs, video footage, and other evidence may help show how the accident happened and who was responsible. Because fault can affect the value of a claim, insurance adjusters look at these issues closely during their investigation.
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Records That Can Help Support a Motorcycle Crash Claim
Insurance companies can request records that show how the crash affected the injured person.
These records may include:
- Medical records
- Medical bills
- Pay stubs or wage statements
- Documentation of missed work
- Treatment recommendations
- Photographs of injuries
- Repair invoices
- Expert reports
The more complete the documentation, the easier it may be to show the extent of the losses caused by the accident.
What Happens After a Settlement Demand is Made?
After reviewing the available information, the insurance company may make a settlement offer. In many cases, negotiations continue before the parties reach an agreement. The first offer is not always the final offer.
It can take months to settle a claim. The time needed to resolve a claim depends on several factors, including how serious the injuries are and if more time is needed to recover from them.
If the parties cannot reach an agreement, filing a lawsuit may become necessary. Settlement discussions can continue after a lawsuit is filed, though some cases ultimately go to trial.
Issues That Can Delay or Complicate a Claim
Some motorcycle accident claims take longer to resolve because the parties disagree about important issues. For example, an insurance company may argue that the rider was partly responsible for the crash.
They may question whether certain injuries were caused by the crash or dispute the need for medical treatment. Disagreements about lost income or future losses can also affect negotiations. When these issues arise, additional investigation or negotiations may be needed before a claim is resolved.
Filing Deadlines for Motorcycle Accident Lawsuits in New York
In New York, motorcycle accident victims have three years from the date of the crash to file a personal injury lawsuit under NY CPLR § 214(5).
When a motorcycle accident results in a death, a wrongful death lawsuit generally must be filed within two years of the person’s death under NY EPT § 5-4.1.
Missing a filing deadline can affect your ability to seek damages through the court system. Exceptions may apply in some situations, so speaking with an attorney from our team as soon as possible can help protect your rights.
Speak With Our Team About Seeking Damages After a Crash
People who ask, “What is the average settlement for a motorcycle accident?” often find there is no single answer. If you are considering whether you should get a lawyer for a motorcycle claim, Levine And Wiss is ready to help.
Our Long Island personal injury lawyer team works with injured riders and their families throughout the claims process. Levine And Wiss has recovered hundreds of millions of dollars for clients throughout New York. Our attorneys, in-house investigators, and legal staff handle cases from start to finish and are ready to litigate when a fair settlement is not offered.
You can communicate directly with your lawyer by phone or text, and we offer office, virtual, hospital, and Zoom consultations. Contact our team today to learn about your legal options during a free consultation. Our team is available 24/7.
