A motorcycle that is rear ended can mean significant injury
for the motorcyclist. Many times these injuries are ignored by insurance companies. Often times motorcyclist are prejudiced and not given a fair settlement. Often times it is only after litigation that a substantial settlement for a motorcycle injury can be obtained. Unlike other types of auto accidents
a motorcycle does not have restraints to prevent further injury. Generally motorcyclist are exposed and vulnerable to injury. If you were involved in a rear end accident read the following to better know your rights. For more information on Motorcycle Accident Claims click here
Recovering for My Injuries
You are permitted to receive compensation for your injuries. Determining the value of your case will depend entirely on the type of injuries sustained
. However, with motorcycle accidents even small injuries can be serious. Insurance adjusters will often always evaluate property damage as a factor in determining liability. This is a commonly used trick by insurance adjusters to reduce the value of your claim.
In most motorcycle cases the property damage element to the bike is very low. In fact there is almost always a discrepancy between the property damage and the bodily damage element of your claim. Motorcycles will often show very little property damage, even if the rider was seriously hurt. However, insurance companies will continuously point out that since property damage is low, then bodily injury claims are also low.
What they fail to consider is that motorcycle riders absorb a bulk of any rear end accident.
It is often the rider who absorbs a majority of the impact of a rear end accident. Often times these injuries are clearly manifested in medical examinations. Most injured parties suffer from chronic lower back pain, spinal cord injuries, head injuries
, neck injuries and in certain cases brain injuries.
– California Motorcycle Laws
Most of the time long term future case will be required in order for the injured party to heal appropriately. Future medical care must be considered in any demand for damages in a rear end motorcycle accident. However, in almost every case these types of damages will only be considered once a lawsuit is filed.
Insurance companies will routinely deny the need for future damages as speculative. However, these future injuries are a serious element of your claim. Any injury suffered must consider or take into account a claim for future damages. In fact future damages will often always be a factor and must be paid in any motorcycle accident case.
Other Drive Did Not Carry Insurance
In certain instances a drivers responsible for the accident are not carrying insurance or has insufficient insurance. Most of the time you deal with one of the two situations. Because motorcycle accidents can be serious, it is almost always the case that the responsible party is not carrying sufficient insurance coverage. In other cases the responsible party can be lacking insurance coverage all together.
– Common Motorcycle Accident Injuries
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If the at fault driver has minimum insurance coverage you can still get compensation. In order to do this you must have proper under-insured motorist coverage. California has specific laws pertaining to how under-insured coverage works and depends on policy limits for each party.
Uninsured motorist coverage can also apply when the at fault party was not carrying any insurance at all. In such cases you can pursue a claim against your own insurance for your injuries. Each type of case needs to be carefully evaluated in order to maximize the results.
If you were riding a motorcycle and were rear ended by another vehicle contact our offices for a free case evaluation. Our no cost evaluations will give you valuable insight into your case and help you identify the likelihood of success for your case. All cases are handled on a contingency fee basis, no win no fee guarantee.