How Much Should You Get in a Motorcycle Accident Settlement in Michigan?

After a motorcycle accident, the insurance company might offer you a quick and “easy” settlement. However, that first settlement offer will almost always undervalue your case. Insurance companies try to leverage your inexperience with personal injury claims and use anti-motorcycle bias to their advantage.

So, what’s your motorcycle accident claim really worth? In this article, the personal injury lawyers at CBH Attorneys walk you through the essentials of Michigan’s motorcycle accident laws and how they’ll affect your case’s settlement value.

What Is a Motorcycle Accident Settlement?

A motorcycle accident settlement is an agreement between an injured person and the insurance company. The injured person gives up their right to file a personal injury lawsuit in exchange for a lump sum payment or structured settlement.

Once you settle a personal injury case, you typically cannot go back and demand more compensation—even if your condition worsens and you need additional medical care or become permanently disabled. That’s why many insurance companies try to get people to settle as quickly and cheaply as possible.

Before you accept a Michigan motorcycle accident settlement, you should always consult with an experienced injury law firm. A lawyer can help you understand whether the insurance adjuster is offering you a fair settlement—and can help you negotiate if your case is being undervalued.

What Is My Motorcycle Accident Claim Worth?

Before you agree to a motorcycle accident settlement, you should carefully investigate your case and evaluate a series of factors. A personal injury lawyer can help you navigate these steps—and every reputable injury lawyer offers free consultations.

1. Identify All the At-Fault Parties and the Insurance Companies

You might know the at-fault driver’s name, but there might be other negligent parties involved in your case. For example, if a commercial vehicle caused your motorcycle accident, you would also have a personal injury case against the careless driver’s employer.

Motorcycle accidents often involve fatal or catastrophic injuries, and a single insurance policy might not fully cover your damages. By identifying each and every insurance policy, you and your injury lawyer can ensure that you get the compensation you deserve.

2. Calculate Damages From Your Motorcycle Accident

When a personal injury lawyer calculates a motorcycle accident settlement’s value, they focus on “damages.” These are your economic and non-economic losses due to the wreck. While there is a wide variety of damages a claimant could seek, motorcycle accident settlements typically include compensation for:

• Current and future medical treatment
• Mental anguish and pain and suffering
• Loss of income and wage-earning capacity
• Loss of enjoyment of life
• Funeral and burial expenses
• Property damage, including your replacing or repairing your bike

There is no “average motorcycle accident settlement.” Your case’s value will depend on many factors, including the severity of your injuries, the amount of insurance coverage that applies to your case, and the extent of the careless driver’s negligence.

For example, someone with a severe traumatic brain injury (TBI) who cannot work and requires intensive therapy might recover a larger settlement than someone who suffered minor road rash or soft tissue injuries.

Evaluate the Strengths (and Weaknesses) of Your Motorcycle Injury Claim

Insurance companies settle motorcycle accident cases because they don’t want to risk taking it to court. The stronger your case is, the more likely the insurance adjuster will be willing to pay out a significant settlement. So, in addition to identifying all the at-fault parties and calculating all your damages, you also need to consider your motorcycle accident case’s strengths and weaknesses.

In Michigan, you might have multiple claims:

• Personal injury protection: a no-fault claim that covers your medical bills and lost wages, regardless of fault
• Third-party liability: a lawsuit against the careless driver and other parties that contributed to your injuries
• Uninsured and underinsured motorist coverage: a claim under a UM/UIM policy, if the at-fault parties’ insurance policies do not fully cover your damages

Many of these claims will center around the other parties’ negligence.

To prove someone is negligent, you must prove several things. First, the careless driver must have owed you a duty—like every Michigan driver’s duty to follow the rules of the road. Second, the driver must have violated this duty. Finally, you must prove that the violation caused you to suffer damages during the motorcycle crash.

Your motorcycle accident lawyer can help you collect evidence that documents the other driver’s negligence, like the police report, pictures of the accident scene, testimony from eyewitnesses, and medical records that document your injuries.

RELATED: Can You Sue a Driver in Michigan for an Accident?

Challenges Facing Injured Motorcycle Riders in Michigan

While few motor vehicle injury claims are easy, motorcycle accident victims face more challenges than the standard motorist. While motorcycle crash victims are entitled to the same types of damages following an accident, several factors can make a Michigan motorcycle accident lawsuit more complicated.

No-Fault Benefits for Motorcyclists

In Michigan, motorcycles are not classified as “motor vehicles” under the law. That means motorcyclists must seek PIP or no-fault benefits from the insurer of the other vehicle involved in the accident, assuming they have one. This creates a dependency on the other driver’s insurance coverage, which can complicate the process and potentially lead to disputes and delays in obtaining compensation.

Severe Injuries and Non-Economic Damages

Motorcycle accidents can often result in severe injuries, this can lead to non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. While you can more easily calculate economic damages, like your unpaid medical bills and lost income, there is some subjectivity to non-economic damages.

Insurance companies representing the at-fault party may attempt to minimize your non-economic damages, making it vital for motorcyclists to build a strong case to demonstrate the full extent of their injuries and resulting hardships.

Michigan’s Helmet Laws and Motorcycle Accident Settlements

Michigan has helmet laws in place which may affect a motorcycle accident claim. While the state allows riders above a certain age to ride without a helmet, insurance companies might try to use any non-compliance with these laws as grounds for reducing compensation. Understanding the state helmet laws and how they may affect a claim is crucial when pursuing a motorcycle accident settlement. Most importantly, wearing a helmet safely and securely when operating your motorcycle is a good way to stay safe and to avoid getting your claim reduced for non-compliance of helmet laws.

RELATED: How Are Wrongful Death Settlements Paid Out in Michigan?

How a Personal Injury Lawyer Can Help You Get a Fair Motorcycle Accident Settlement

If you or a loved one suffered life-changing injuries during a motorcycle crash, you probably feel overwhelmed. You might not feel like you can balance your family’s needs with the demands of a motorcycle accident case. That’s why many people turn to CBH Attorneys and Counselors for help.

Our team can help you navigate all your case’s details—and will handle all the phone calls and correspondence from the insurance company. We carefully investigate our clients’ injury claims:

• Collecting physical and electronic evidence that can pinpoint the exact causes of the wreck
• Compiling your medical records and information from medical experts
• Identifying all the insurance policies that apply to your claim
• Interviewing witnesses and at-fault parties
• Calculating your future medical expenses and lost wage-earning capacity
• Answering your questions and supporting your family’s emotional needs

If you would like to know whether the insurance company is offering you a fair settlement, contact our office today. All personal injury consultations are free.

CBH Attorneys and Counselors: Fighting for Motorcycle Accident Victims and Their Families

CBH Attorneys and Counselors is one of Grand Rapids’ most trusted law firms. We help people rebuild after motorcycle accidents, and we demand accountability from the parties that hurt them. If you’re ready to schedule your free consultation, contact our office today by calling (616) 608-3061 or completing our online form.