Motorcycle Accident Settlement? How Long Does It Take To Settle A Motorcycle Crash Case?
Motorcycle Accident Settlement: How Long Does It Take To Settle A Motorcycle Injury?
Motorcycles are becoming prominent because they make it possible to ride in between columns of cars during heavy traffic. However, most motorcyclists get involved in motorcycle accidents either because of dangerous riding techniques or because of negligence in either parties.
If you are involved in a motorcycle accident, it‘s only normal to wonder how much your settlement will be if you’re not the one at fault. It’s also important to know how it will take to get your due settlement and what are the processes involved.
What is a Settlement?
Before we dive into the necessary consequences, insurance policies, and legal actions, we first have to know what a motorcycle accident settlement is.
A settlement is basically the process of resolving an accident without any trial involved. This means that the two parties, the plaintiff and defendant, both give up their right to trial and agree on the amount that the plaintiff should receive.
Due to the existence of the due process, the driver (defendant) can hire a lawyer to assist him throughout the legal process. The motorcycle rider (the plaintiff) can also hire his own lawyer to discuss his due motorcycle accident settlement.
So basically, there are two major factors that can affect the case’s value. The first factor is the severity of the damages caused by the defendant (the car driver); the second is the possibility of the jury to finalize the defendant’s liability.
When the jury has gathered enough pieces of evidence to support the plaintiff’s claims, then they can officially say that the defendant is at fault.
What Kind of Compensation Can Plaintiffs Get?
Firstly, the plaintiff can only avail of those insurance benefits and compensations when the jury has finally found the defendant liable for the said accident. Otherwise, less or no compensation will be given. Here are some of these compensations we’ve talked about:
- The plaintiff’s medical expenses
This refers to the amount of money needed for the victim’s hospitalization, medical prescriptions, treatment expenses, and all the money spent for a full recovery.
- Lost wages
This refers to the amount of money that was supposedly lost by the victim during the days they were away from work since they’re spending time for treatment and recovery.
- Suffering and pain
Even when the victim has already healed physically, further evaluations and assessments such as psychological assessments should be conducted to discover any psychological impact he has experienced because of the incident.
The expenses for these services should also be considered.
- Repair of the damaged vehicle
When the at-fault party has damaged the victim’s motorcycle, he or she is held liable for modifications or repairs of the other party’s vehicle.
- Physical or health rehabilitation bills.
This refers to the additional bills spent by the plaintiff or victim for further treatment. These bills may or may no longer be part of their hospital admission but are advised by their doctor/s for their full recovery.
What is the Likelihood that the Defendant Will Be Considered “At Fault”?
This is actually an essential factor that could affect the decision of whether the victim’s expenses will be shouldered by the defendant or not. If the victim or the plaintiff has insufficient pieces of evidence that can prove the defendant’s fault during the motorcycle accident, then the case value would significantly decrease.
Even though there are more serious potential damages, the defendant will indeed be unwilling to undergo the settlement process when the plaintiff’s claims are questionable. This can also make the defendant more hopeful that they can prove themselves guilty and not be liable for the damages during the accident.
How Much is the Settlement Amount?
If the vehicle driver who was accused of causing the accident has some assets, then the settlement can’t exceed the limit of the liability of their auto insurance. The verdict of the jury may exceed the liability limits of the insurance.
However, this doesn’t really mean that the victim can already collect the full settlement amount. If there are no alternative ways to collect the amount, the suggested option is to accept the amount of settlement that can equal the limits of insurance coverage.
How Long Does it Take to Settle a Motorcycle Injury Claim?
As expected, insurance companies always look for ways to shoulder less when it comes to accident settlements. Therefore, there is a possibility that they will offer the victim lesser compensation, or they would even try to point the blame to the victim for the accident.
For instance, if the victim was found to be texting while driving or not wearing a helmet while driving their motorcycle, then insurance companies will really use it against them. This is actually one of the reasons why motorcycle accident settlements can consume more time than expected.
On the other hand, when the victim has followed all the traffic rules and followed street signs, then the settlement process would consume less time. But generally speaking, settlements can be settled one to two months after the said accident.
Nevertheless, it always varies on the case’s complexity. So, the plaintiff or victim should expect to wait for 3 to 4 weeks in order to receive the initial settlement offer. Besides, hiring an experienced lawyer will help you know other factors and considerations that may affect the duration of the settlement.
Simply put, amotorcycle accident settlement depend on the severity of the damages that are directly caused by the defendant. If there are insufficient and unclear pieces of evidence presented by the plaintiff to the court, then there is a possibility that the defendant can successfully deny his or her liability on the victim’s physical, property, and psychological damages.
The plaintiff’s negligence of the traffic rules and signs can invalidate their claims against the defendant. Nevertheless, hiring a lawyer can possibly help both the plaintiff and defendant to convince the jury to arrive at a favorable verdict.
Despite all these privileges, it is your own responsibility to protect yourself from not just road accidents but all forms of unfortunate incidents.
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