Yes, it is recommended to get a lawyer after an accident that wasn’t your fault if you sustained serious injuries or property damage from the incident. However, if your injuries are minor scrapes and bruises, then a lawyer may not be necessary.
The other driver’s insurance will typically cover claims for an accident that wasn’t your fault. But if your claim is denied, or you are under-compensated for your damages, then a Motorcycle Accident Lawyer can help.
Does Your Insurance Go Up After an Accident That Is Not Your Fault?
When it comes to determining if your motorcycle insurance premium will increase after an accident, liability plays a crucial role. California law covers liability through comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you were partially at fault, but still got injured, you still reserve the right to compensation. However, when it comes to your insurance premium, your rate will most likely go up if you’re found to be 51% or more at fault in the state of California.
What Happens if the At-Fault Driver Doesn’t Have Insurance in California?
If the at-fault driver in your motorcycle accident doesn’t have insurance, you file a claim with your insurance company or file a lawsuit against the at-fault party as an individual to collect damages. Most people would like to think every driver is insured, but unfortunately, that is not the case. According to the Insurance Information Institute, over 20% of drivers are either underinsured or not insured at all. So, it is always a good idea to consult with an experienced Motorcycle Accident Lawyer when you have to deal with underinsured/uninsured motorists.
How Much Can I Get from a Motorcycle Accident Lawsuit if I Wasn’t at Fault?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney.
A Motorcycle Accident Lawyer can help you understand what your settlement is actually worth, depending on the details of your motorcycle accident. The following factors will play a large part in determining the total value of your motorcycle accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact a California Motorcycle Accident Lawyer
If you or a loved one has suffered injuries due to a motorcycle accident in California, the Motorcycle Accident Attorneys at Maison Law are here to help. We’ll fight for your right to fair compensation, as well as ensure your insurance rates do not go up by proving you were not at fault for the accident.
Our firm has proudly managed numerous successful motorcycle accident settlements and we’re prepared to do the same for you. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until your case is won.
