Your Motorcycle Accident Claim 3 COMMON Ways to Lose 2

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Video Summary
AI GeneratedAttorney Justin Ziegler outlines the three primary reasons motorcycle accident victims fail to secure a settlement: lack of insurance coverage from the at-fault party, minor injuries that fail to impress juries, and being solely responsible for the accident. He provides guidance on identifying alternative insurance sources and proving liability to maximize recovery.
I'm going to give you the top three ways to lose your motorcycle accident case and kill
your chances at getting a settlement. I'm Justin from justinziegler.net. The first way to lose your
motorcycle accident case is if the at-fault driver that hit you has no bodily injury liability
insurance coverage. That's the coverage that pays you for your payment, suffering, out-of-pocket
medical bills, and lost wages. Unfortunately, in a state like Florida, which is where I'm a
motorcycle accident lawyer, most vehicles are not required to have any bodily injury liability
insurance. If you're badly injured in a motorcycle accident and another driver is at fault,
your best case scenario is that you were hit by an 18-wheeler or a corporate vehicle or an Uber
or Lyft vehicle when they were engaged in a ride. This is because in all of the cases I just
mentioned, there's a much higher probability that there will be enough bodily injury liability
insurance to pay for your injuries. 18-wheelers typically have at least $750,000 of bodily injury
liability coverage, and Uber and Lyft vehicles, if the driver has accepted the ride request and
is on the way to get a ride through drop-off, there's $1 million of liability coverage. Just
because you're hit by a vehicle that's owned by a company, it doesn't mean that there's going to be
bodily injury liability coverage. I've seen some companies that only have $10,000 of bodily injury
liability coverage or so. If the at-fault driver that hit you does not have enough bodily injury
liability insurance to pay for your injuries, you then look for your own uninsured motorist insurance
on the motorcycle. Uninsured motorist insurance, also known as UM coverage, pays you for pain and
suffering and your out-of-pocket medical bills and lost wages if the other driver doesn't have
enough insurance to pay for your injuries. If you don't have uninsured motorist insurance on the
motorcycle that you are riding, you then look at your cars that you own to see if you had uninsured
motorist insurance on those. In a state like Florida, the uninsured motorist insurance, if you
have stacking coverage, will cover you for your injuries on a motorcycle, even if you owned the
motorcycle and it was uninsured. If you did not own the motorcycle that you were driving and someone
else is at fault, uninsured motorist, whether stacking or non-stacking, both of them will cover
you for your pain and suffering, medical bills, and lost wages. If you lived with a relative on
the date of the accident and they did not own the motorcycle that you were riding when you got hurt,
their uninsured motorist insurance should cover you if the at-fault driver does not have enough
bodily injury liability insurance. You can find out if you have uninsured motorist insurance
on your car or any vehicle by looking at the declarations page of your insurance policy,
which you should easily be able to get online or on their app. The second way to lose your
motorcycle accident case or get a very small settlement is if your injuries are minor or if
you don't get medical treatment for your injuries. In any personal injury case, your injuries determine
the full value of your case, and this applies to motorcycle accident cases as well. Minor injury
cases are tough enough if you're in a car and you're injured, but if you're on a motorcycle,
you have juries that are not wild about motorcycle riders. This means that many jurors will not award
large payouts for people who are injured while riding on a motorcycle. When I use the phrase
minor injuries, I'm talking about just neck pain or back pain or knee pain or elbow pain. I'm not
referring to cases if you have a broken bone or fracture in surgery. Those cases are worth a lot
more money than just having neck pain or back pain in most cases. For example, I have friends
who are accountants, and their view on injured motorcycle riders who are hurt even if someone
else is at fault is that they would not award one penny if they were on a jury for pain and
suffering. Unfortunately, a lot of jurors feel the same way about motorcycle claims as the couple
friends of mine that I just mentioned do. Now, big injury or death claims have a much higher
full settlement value in motorcycle accident cases. By big injuries, I'm referring to broken
bones in surgery, fractures, bleeding of the brain, a horrible burn if someone is killed in an
accident, and things like that. The third way to lose your motorcycle accident case is if you were
the only one at fault in the accident. In order to get money for pain and suffering and out-of-pocket
medical bills and lost wages, there has to be someone at fault other than you. Do not just rely
on the police officer's crash report. In motorcycle accident cases, as you can imagine, it's usually
best if the police officer gives the other driver a ticket. This means that the other driver was at
fault, and police officers usually get it right. However, there are plenty of circumstances where
the police officer can give the motorcycle rider a ticket, and he or she may still have a good case.
In Florida, if you're riding a motorcycle and you're partially at fault, you can still make a
claim for the other driver's percentage at fault. For example, I represented a motorcycle rider who
was heading down the street in Miami-Dade County, Florida. An 18-wheeler was coming the opposite
direction and made a left-hand turn in front of the motorcycle rider. The motorcycle rider flew
off the bike and ended up breaking a finger and his leg and ultimately had surgery on both of those.
In this case, the officer gave the ticket to the truck driver, and I determined that the truck
driver was 100% at fault. However, I settled the motorcycle rider's case for $445,000,
but let's assume that he was 50% at fault if the facts were a little bit different.
In this case, he'd be able to get half of the $445,000, which would be around $222,000 or so.
Florida is very generous to motorcycle riders in this regard. Fortunately, Florida does not
have a law that says if the motorcycle rider is at fault at all or 50% at fault, he gets nothing.
To help prove fault, you may want to ask the owner of the vehicle that hit you to preserve
the event data recorder, also known as a black box. In a hard brake or heavy impact case,
the black box may show the other vehicle's speed, whether they braked prior to impact,
the speed prior to impact, and many other things. RiderMagazine.com says that some motorcycles have
an event data recorder in them. To learn how to deal with the insurance company in a motorcycle
accident case so you get the largest settlement possible fast, watch this video here.
