By Dan Makled on October 18th, 2022 in
What Should You Do Immediately, when expecting compensation for a motorcycle accident?
A motorcycle accident often leaves the motorcyclist with severe, even catastrophic injuries. Motorcyclists have virtually no protection when hit by a vehicle, other than a helmet. While those in the passenger vehicle are surrounded by a glass and steel cage, along with safety belts and airbags, a motorcyclist has none of those. This makes the motorcyclist extremely vulnerable to injury during an accident. Your first concern following a motorcycle accident should be to seek medical attention, and then compensation for a motorcycle accident.
If nobody has called 911 and you are able, you need to do this immediately. This ensures both the police and emergency medical techs will arrive as quickly as possible. If the EMTs believe you need to be transported to the hospital, then you should definitely do so. If you are medically able, taking photographs at the scene of the accident as well as securing witness contact information can be extremely helpful when filing a claim. Exchange information with the driver, and once you are home, notify your own insurance company.
Since Michigan is a no-fault state, unless your injuries have resulted in a “serious impairment of body function,” your own PIP insurance will cover your injuries and any lost wages. To receive compensation for your pain and suffering damages, you will be required to file a claim against the negligent driver. Receiving equitable compensation for a motorcycle accident is crucial to your recovery and your future.
What Are the Different Damages Available Following a Motorcycle Accident?
If your injuries from the motorcycle accident are so severe that they have resulted in a “serious impairment of body function,” then you will be filing a claim against the at-fault driver for medical expenses and pain and suffering. This would be for “excess” accident-related medical expenses. Under the new PIP medical benefits coverage, the Michigan Catastrophic Claims Association will pay for the medical costs of those catastrophically injured in a motorcycle or automobile accident only if “unlimited” was the selected coverage level in the policy through which coverage is being claimed. Coverage through the Michigan Assigned Claim Plan for victims who otherwise have no source of insurance coverage is limited to a cap of $250,000 for medical benefits.
What Can You Expect in the Way of Compensation for a Motorcycle Accident
The compensation you will receive for your motorcycle accident will depend on the facts and circumstances surrounding your accident. A good settlement for your Dearborn motorcycle accident will be the amount necessary to fairly and fully compensate you for your personal injuries and the pain and suffering the negligence of the other driver caused. The extent of your injuries, your current and future medical needs, the amount of time you will be off work, whether you sustained a serious impairment of body function, and the liability limits of the at-fault driver will all come into play regarding your final compensation amount.
A fair settlement is rarely what the insurance company initially offers you. The goal of every insurance company is to pay out as little as possible for each accident claim. The insurance company will attempt to persuade you to settle quickly before you have retained an attorney. This is due to the fact that the insurance industry is well aware that claims involving an attorney typically settle for about four times the amount of those who represent themselves.
How Long Will My Motorcycle Accident Claim Take?
Once your attorney begins negotiations, most claims are settled within six months. If, however, the insurance company refuses to pay a fair amount of compensation for a motorcycle accident, a lawsuit may be filed. If the claim goes all the way through the court process (many claims will still be settled prior to the trial), then you can expect it to take a year or so, depending on how clogged the court dockets are. Once your claim is settled, you can expect to receive payment within about six weeks. This is true regardless of whether your motorcycle accident claim is settled through negotiation, or through a court verdict.
How Long Do You Have Following Your Motorcycle Accident to File a Claim?
Each state has its own statutes of limitations that govern the amount of time a plaintiff has to file a lawsuit against the at-fault party’s insurer. These statutes range from one year to more than ten years. In the state of Michigan, you have three years from the date of your motorcycle accident to file a claim for damages. That being said, the sooner you speak to an attorney, the better chance you have of receiving an equitable settlement. This is partially due to the fact that as time passes, evidence can disappear, and witnesses may move or even die. Your motorcycle accident attorney has the best chance of securing a full and fair settlement on your behalf when you bring them on board soon after the accident.
Why Choose a Motorcycle Accident Attorney from the Dan Makled Law Firm?
A motorcycle accident can leave you severely injured, unsure of where to turn to receive the medical treatments you need and the compensation you deserve. Attorney Dan Makled is ready to help you through this difficult time. Michigan’s no-fault insurance can be complex and not something you want to be dealing with as you attempt to heal from your injuries and get back to your normal life.
Once you have hired experienced Dearborn motorcycle accident attorney, Dan Makled, you no longer need to worry about the legalities associated with your accident. Dan will accurately assess what your injuries and damages are worth, then will negotiate with the insurance company for a full settlement. If there is no agreement, Dan will never hesitate to take the case to trial, because he is always prepared for any eventuality. When you hire the Dan Makled Law Firm, you can rest easy, knowing your best interests are being looked after every step of the way.