Recover from your motorcycle accident
Accidents with motorcycles can have many lasting consequences. Let’s begin your journey to recovery and maximum compensation.
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Common types of motorcycle accidents
The Whiting approach to
personal injury law
Why having a trial mindset is important even if you don’t go to trial.
Settlements with insurance companies happen because they want to avoid the risk of a bigger verdict in court.
Even if the plan is to settle out of court, approaching the claim or case by considering what might happen in court has great value. Evaluating your case this way means seeing the facts and circumstances through the lens of seven jurors listening to the evidence.
Because of Jason Whiting’s experience as an insurance claims adjuster and defense attorney for insurance companies, he understands that processing your case facts with a trial mindset is the best way to provide sound counsel and help you achieve maximum compensation.
Important Questions About Motorcycle Accident Cases
Sure, if you value a quick, lowball settlement more than you value maximum fair compensation (and some people do). Based on Jason’s years of experience as a claims adjuster and insurance lawyer, he is confident that his help will net you more money than you otherwise would facing the insurance company alone. Why is that? Insurance adjusters settle personal injury claims to avoid the risk of an even bigger verdict in court if the case doesn’t settle. If you have no lawyer—the insurance company has no real risk. If you have a decent lawyer—they carry some risk. If you have a skilled trial lawyer like Jason—huge risk. Simple as that.
Many injured Virginians think they don’t have to pay their medical bills because the at-fault party’s insurance company will pay them. The at-fault party (or most likely his or her auto insurance company) is responsible for your medical bills but does not pay those bills as they become due. Rather, the bills are considered as part of the personal injury settlement amount (or verdict if the case is tried). Therefore, while your personal injury claim is pending, you are still responsible for whatever portion of copays or deductibles you might owe after your health insurance processes and pays the bills. In other words, you must absorb the cost of your medical treatment in the near-term. This is not ideal, but it is the reality of the process.
The biggest question for this topic is will your health insurance pay medical bills after a motorcycle accident. The answer is yes. Many injured Virginians assume their medical bills should be submitted to an auto policy claim rather than their personal health insurance. This assumption is false.
After an accident, your medical bills should be submitted to your health insurance. Why? It’s the proper process and you stand to get more money in your pocket from your personal injury case too.
Your insurance company should be involved even if you are not at fault. Not only will they protect you if the other driver tries to blame you, but you likely have no-fault coverages that your lawyer will want to use to recover more money for your benefit.
Tip: If you are going to hire a lawyer, do not give any recorded statements without consulting that lawyer first.
Many injured Virginians assume their motorcycle policy coverages have nothing to do with the accident since they are not at fault. This is false.
Under Virginia law, accidents that are not your fault should not raise your rates. And it is very possible that your auto insurance policy includes coverages that will drastically increase your financial recovery, like “underinsured motorist coverage” and “medical expense benefits” (often called “MedPay”). In fact, most clients would recover less money if they did not pursue claims in both directions—at-fault driver’s auto policy and their own motorcyle coverages. We will pursue all avenues of recovery and discuss what’s best for you.
You go to court only if you decide to. Jason will make recommendations about whether to accept any settlement offers or file a lawsuit. He offers sound counsel, not pressure, because ultimately it’s your decision.
More than 90% of personal injury claims settle outside of court. Although, sometimes filing suit and litigating for a while is necessary to obtain maximum compensation from the insurance company.
GDC personal injury cases are decided by a judge, not a jury. They are less formal, less stressful, and quicker. The most you can be awarded in GDC for personal injuries is $50,000 plus costs and interest. We typically recommend GDC for cases that are not obviously worth more than $65,000 (taking into account potential costs of circuit court litigation).
Circuit Court personal injury cases are usually decided by a jury. Unlike GDC, these cases typically last a year or more and involve a lot of formal discovery and expert witnesses. The upside is that you can sue for as much money as your case might be worth.
So where would we file your case? That depends on the projected value of your case and on your goals—some clients value the efficiency of GDC, especially if we are not confident that a Circuit Court case would ultimately prove more lucrative in the long run. This is evaluated on a case by case basis.
Liability And Fault
Who is at fault in a motorcycle accident case?
Determining fault in a motorcycle accident case is a complex process that involves a careful analysis of the circumstances leading up to the collision. It’s not always straightforward and can involve multiple parties. The responsible party could be another driver, a pedestrian, or even a government entity responsible for road maintenance. For example, if a car makes a sudden left turn in front of a motorcycle, the driver of the car might be at fault for failing to yield the right of way. Alternatively, if the motorcyclist was speeding excessively, they could be partially at fault. As an experienced attorney, Jason delves into all aspects of the accident, examining factors such as traffic laws, road conditions, weather, and witness testimonies to determine who bears the liability.
How is fault determined in a motorcycle collision?
Fault in a motorcycle collision is determined through a meticulous process that involves a thorough review of available evidence. This evidence can include police reports detailing the sequence of events, statements from witnesses who observed the accident, photographs of the accident scene, and sometimes even accident reconstruction analysis conducted by experts. For instance, if a motorcycle and a car collide at an intersection, the position of the vehicles, skid marks on the road, and the damage sustained can provide crucial insights into how the accident occurred and who may be at fault. Jason will collaborate with accident reconstruction specialists to recreate the accident scenario accurately, ensuring a comprehensive understanding of the factors contributing to the collision.
What role does negligence play in personal injury claims?
Negligence is a fundamental principle in personal injury claims, including motorcycle accidents. It signifies a failure to exercise reasonable care under the circumstances, resulting in harm to another person. In a motorcycle accident case, negligence could involve a driver not paying attention to the road due to texting, speeding, or failing to yield to a motorcyclist’s right of way. Establishing negligence is crucial for determining who is liable for the accident and related injuries. Jason will scrutinize evidence to demonstrate how the negligent actions of the responsible party directly led to the accident and your injuries. This evidence can range from traffic camera footage and eyewitness accounts to phone records and expert testimony, all contributing to building a strong case for negligence and liability.
Insurance and coverage
What insurance coverage is available for motorcycle accidents?
Motorcycle insurance coverage for accidents usually includes liability coverage, which helps pay for injuries and property damage you cause to others. Additionally, property damage coverage assists in repairing or replacing your damaged motorcycle. Uninsured/underinsured motorist coverage can also be crucial, helping protect you if the at-fault driver lacks sufficient insurance to fully and fairly compensate you. Having comprehensive and collision coverage can further safeguard your motorcycle from damage due to non-collision events or accidents where you’re at fault. With experience as an insurance adjuster and lawyer previously representing insurance companies, Jason is well equipped to guide you in understanding your coverage to make informed decisions.
How does motorcycle insurance differ from auto insurance in a personal injury case?
Motorcycle insurance and auto insurance differ due to the unique nature of motorcycles. While both provide liability coverage, motorcycles often have distinct coverage limits and considerations. In a personal injury case, the potential severity of injuries sustained in motorcycle accidents may lead to different compensation requirements compared to car accidents. Jason can help you comprehend these nuanced differences, advocate for appropriate compensation, and navigate negotiations with insurers to ensure you’re not undercompensated due to these distinctions.
Can I seek compensation from the at-fault driver’s insurance?
Seeking compensation from the at-fault driver’s insurance is a standard practice. If the other driver is responsible for the accident, their liability insurance should cover your medical expenses, property damage, and possibly other damages like pain and suffering, lost wages, loss of earning capacity in the future, and other expected losses. However, insurance companies often aim to minimize payouts, so having our experienced legal team by your side is essential. Jason is here to skillfully navigate the negotiation process, ensuring that you receive the full compensation you deserve and your rights are safeguarded throughout. He leverages his comfort in the courtroom to get settlements outside the courtroom.
Compensation and damages
What types of compensation can I seek after a motorcycle injury?
After a motorcycle injury, you can pursue various forms of compensation to address the financial and emotional aftermath of the incident. These include:
- Medical expenses, encompassing various treatments, surgeries, medications, and ongoing therapies.
- Compensation for lost wages – both current income loss and potential future earnings impacted by the injury.
- Pain and suffering compensation acknowledges the physical discomfort, emotional distress, and diminished quality of life resulting from the accident.
- Additionally, in cases of wrongful death, compensation extends to loss of companionship, funeral costs, and related expenses.
Jason evaluates all eligible damages to ensure you receive comprehensive compensation for the losses you’ve incurred.
How is compensation calculated in a personal injury claim?
Compensation in a personal injury claim is calculated by assessing both economic and non-economic damages. Economic damages are tangible costs like medical bills, property damage, and lost wages, which can be determined with bills, receipts, and financial records. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are harder to quantify but often include before-and-after evidence from witnesses who know you well. Jason will analyze the extent of your injuries, the impact on your life, and the long-term effects to determine a fair compensation figure. This comprehensive evaluation ensures you receive adequate payment for the physical, emotional, and financial aftermath of the accident.
Can I recover medical expenses, lost wages, and costs for pain and suffering?
Absolutely. In a motorcycle injury claim, you can seek compensation for medical expenses incurred due to the accident, including hospital bills, surgeries, medications, rehabilitation, and ongoing medical treatments. Lost wages compensation covers income you’ve lost due to the injury, considering both the absence from work and potential future earnings if your injury affects your ability to work. Pain and suffering compensation acknowledges the physical and emotional anguish caused by the accident and subsequent injuries. Jason works diligently to ensure all these forms of compensation are included in your claim, maximizing your chances of receiving fair restitution for the various ways the accident has impacted your life.
Jason Whiting
“I understand how insurance adjusters work because I used to be one. I also represented insurance companies for many years. If you’ve been injured by a driver in southwest Virginia, you deserve a skilled trial lawyer to give you a powerful voice.”
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