If you were injured in a motorcycle accident that was not your fault, you will need to file a claim with the negligent driver’s insurance company. Before you take this step, you want to know the value of your claim so that you understand what to expect. It will also help you decide whether it is worth the time and effort it will take to fight with the insurance company for a fair settlement.
How much your claim is worth will depend on the unique circumstances in your case. However, there are some common factors in these cases that can help you determine how much your claim is worth.
#1: Damages You Suffered
One crucial factor that will determine the value of your claim is the type of losses you suffered. In Virginia, you are entitled to compensation for your injuries from the at-fault driver who caused your motorcycle crash. Types of damages you can recover include:
- Past and future medical expenses
- Past and future lost wages and lost earning capacity
- Past and future pain and suffering
- Property damages
- Out-of-pocket expenses
- Wrongful death damages if a loved one was killed in the collision
#2: Liability of the Negligent Driver
In order to hold the motorist who struck your motorcycle responsible for compensating you, you must prove their negligence in causing your collision. If their fault is clear-cut, you will have a strong case against them that will make the value of your claim worth more.
However, if there are real disputes about their liability or you were found to be partially at fault, this could significantly weaken your case. Virginia has a harsh contributory negligence law that would prevent you from obtaining any damages if you were at all at fault—even if you were only one percent liable.
#3: Settlement vs. Trial Value
The value of your claim can also be affected by whether your case is settled out-of-court or through a jury trial. The trial value will most likely be higher than the settlement value.
Why is there a difference? When you take your case to trial, you ask for all the compensation you deserve. However, there is no guarantee on the outcome of a trial, and you may be awarded less damages.
If you settle your claim with the insurance company, you will most likely accept a little less than the full value of your case. You would most likely have to compromise for the certainty of receiving a settlement.
Were you or a family member hurt in a motorcycle accident caused by a negligent driver? Our experienced motorcycle accident attorneys can advise you on the value of your claim and fight so that you receive the compensation you are entitled to under Virginia law. To learn more, call our office to schedule your free consultation today.