Motorcycle accident injuries can be more complex than a typical car accident case. If a motorcycle and motorcycle insurance policy is involved, your attorney needs to have a special level of skill or experience dealing with motorcycle accident cases. If you suffered an injury because of a motorcycle accident near Findlay, Ohio, call Sawan & Sawan today at 419-900-0955 or use the contact form below.
What Should I do Immediately After a Motorcycle Accident?
After a motorcycle accident, the very first thing the drivers should do is call 911 or local law enforcement to report the accident. The police officers will author an accident report which is important to the case. The most important thing is to make sure everyone injured receives medical attention and is safe. After that, report the accident to your insurance company. If possible, take photos of the scene which will include all property damage and the surroundings. Take all witness statements obtaining their names, contact information, and a statement of what happened. Because Ohio is a fault based state, always document the accident as the insurance company will want to know who is at fault.
How Do You Determine Liability After a Motorcycle Accident?
In Ohio, accidents are governed by a fault based system. Whoever is at fault for a motorcycle accident, is liable for the other person’s damages. That includes related medical records and bills, wage loss, property damage, and pain and suffering. Sometimes, determining fault can be complicated. There are minimal witnesses, and often the injured party does not remember anything. Most of the time, the investigating officer presents a detailed report which determines liability. Ohio uses a “comparative fault” analysis which is governed by ORC 2315.33. This type of fault can be shared between the parties. That means that a motorcycle driver can be partially at fault but still recover for their injuries. Their recovery will be reduced by their percentage of comparative negligence. If they are more than 51% responsible, then they can not recover for any of their damages. Although helmets are not mandatory for adult drivers under ORC 4511.53, non use may be used under a comparative negligence analysis if the lack of use of a helmet contributed to the injuries.
What Damages Can I Recover For A Motorcycle Accident Injury?
What damages are recoverable in a motorcycle accident? If the motorcycle driver was fault free, they are entitled to recover both economic and non-economic losses. Economic losses include medical bills, wage loss confirmed by your employer, and property damage. Non-economic damages refer to pain, suffering, and emotional distress. The value of these cases depends on the extensive medical treatment and the seriousness of the injuries. These factors govern how the insurance company will evaluate the case. If the injuries are permanent and result in disfigurement, the policy limits of insurance become more important as the damages are much higher. Due to this complexity, always have the case reviewed by an experienced personal injury attorney. They can guide you through the legal process providing you with maximum recovery for your injuries.
Will My Motorcycle Case Go to Court?
Often a motorcycle accident resolves without a jury trial. Settlement depends on a number of factors. The ultimate factor is the insurance company’s evaluation and ultimate best offer. That factor will depend on fault, damages, and recovery. An experienced attorney can provide the best pre-suit offer to the insurance company. They can gather all your damages and send a demand package to the insurance company for review. They will be able to provide you with the best possible offer for settlement. If it can’t be settled, then the case will need to move forward into litigation. This occurs, when liability is challenged or damages are disputed. Remember that if you file a lawsuit you must file it within two years from the date of the accident. This statute of limitations is governed by ORC 2305.10(A).
What Happens if the Other Driver Doesn’t Have Insurance After a Motorcycle Accident?
Ohio is a fault based state. That means the person who is at fault is responsible for all proven damages. Motorcycle insurance policies ,however, have policy limits which the insurance company has to pay to the injured party. In Ohio the minimum amount of coverage is $25,000. If the damages are higher and the policy limits are paid, then the injured person can recover from their own insurance company. To do so, they must have underinsured/uninsured coverage. This coverage is limited by “anti-stacking” language. It will only permit recovery if those limits are greater than the limits of the tortfeasor’s policy. If both the responsible party and their insurance coverage are the same limits, there will be no additional coverage for the damages. UM/UIM coverage is not mandatory, so always require that it be added to your insurance policy. Set the limits higher than $25,000 to prevent this type of insurance issue. If the proven damages are higher than the limits, the injured person must attempt to recover against the personal assets of the responsible party. This can be time consuming, create long term litigation, costly, and require collection efforts.
Do I Need a Lawyer After a Motorcycle Accident
If a person sustains minimal injuries in a motorcycle accident, one can probably negotiate and settle the claim without the benefit of an attorney. If a person has more serious injuries, with ambulance bills, hospital bills, continued medical treatment, wage loss and scarring and permanent injuries , retaining an attorney makes sense. They can focus on the legal aspects of the case, allowing you to recover from your injuries. Insurance companies generally low ball an offer to get you to accept during this vulnerable time. If a person does not understand how to document proven damages, compensation will be severely compromised significantly lowering the offer. Retaining an attorney shows the insurance company how serious a person is in following up with their claim and if required can litigate the claim. Retaining an attorney keeps the insurance company honest with settlement discussions. If there is a need to litigate the case, an attorney will protect all your legal rights. It is always recommended that if you have more than minor property damage claims without injuries, that you contact an attorney to discuss all your legal options.
Dennis P. Sawan
