An accident involving any vehicle be it cars or commercial trucks can be devastating. However, no road users are as vulnerable as bicyclists and motorcyclists. This is because they don’t have the advantage of seatbelts, shock absorbers, and other motor vehicle safety features that drivers enjoy. Motorcyclists who survive such devastating accidents can undergo a life-changing and traumatic experience.
One second you could be cruising down the open road, enjoying the thrill that defines a real motorcycle experience, and the next, you’d be fighting for your life while trapped in a massive pile of medical debt. While filing for a personal injury lawsuit or insurance claim cannot heal nor restore your life, the amount you can receive from it can help ease the financial burden and relieve the agony. Here are the two types of damages you can receive from an insurance or personal injury claim. These damages are classified as special damages and general damages.
How To Go About An Insurance Claim After A Motorcycle Accident
Determine Who Is Responsible For Motorcycle Accident
The first thing your legal representative will do is to establish who was at fault in the motorcycle collision. If it is established that you were speeding, changing lanes dangerously or you were under the influence of alcohol or similar substances, proving fault may be a bit difficult. However, with a skilled and experienced motorcycle accident lawyer, you may still win the claim.
Find Out About The Other Party’s Insurance Policy And Your Own Motorcycle Insurance
Both your and the other party’s insurance policies may come into play when it comes to your claim and how much you should receive. However, bear in mind that New York motorcycle insurance policies do not have automatic Personal Injury Protection (PIP). This means that as a motorcyclist you would be responsible for their own medical expenses. However, there are exceptional cases where some have “med-pay,” which may cover medical bills. The good news is that you can still receive compensation for your damages even if the other party does not have insurance cover. As long as you have motorcycle Insurance, your policy has a portion for uninsured motorist protection.
Damages You Can Recover In A Motorcycle Accident Claim
Here are the two types of damages you can receive from an insurance or personal injury claim. These damages are classified as special damages and general damages:
Special Damages in Motorcycle Cases
Special damages are sometimes referred to as economic damages. They cover financial losses and expenses the victim incurred as a result of the accident. These damages typically include past, present, and future medical costs. Since your motorcycle may be damaged, there will be repair or replacement costs. You’ll also need to be compensated for lost wages and loss of future earning capacity if you become incapacitated and unable to work due to the injuries.
General Damages in Motorcycle Cases
General damages (also known as non-economic damages) are compensations awarded to a victim for non-financial losses incurred after the motorcycle accident. Non-economic damages usually constitute the largest part of a personal injury lawsuit or claim. Past, present and future pain and suffering are a few examples of non-economic damages. Emotional distress or mental anguish associated with motorcycle injuries are also classified as general damages. If you suffered scarring or disfigurement or retained a physical impairment, you deserve to be compensated for the same. Your injuries may result in loss of quality life and loss of consortium for which you should be compensated. Finally, if you lost a loved one in a motorcycle accident, you can sue for wrongful death. Wrongful death claims are usually awarded for grief, loss of household services, funeral and burial expenses.
Are You a Victim?
If you or your loved one is a victim of a motorcycle accident, you have the legal right to hold the negligent parties accountable for your injuries or your loved ones’ wrongful death. You can file an insurance claim or a personal injury/wrongful death suit to receive compensation. Working with a skilled motorcycle accident lawyer is your best chance at getting justice.