what’s my motorcycle accident worth?

I was involved in a accident where the driver of the other vehicle was found at fault. I was injured but the injuries were minor, the adjuster for the other drivers insurance company is offering me only 2000. Is this fair considering the fact that my bike may be totaled, inconvenience, additional cost I’m incurring for driving my car gas, parking and ware and tear, and pain and suffering?

Asked on September 9, 2016 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The property damage claim for your motorcycle is separate from your personal injury claim.
If the bike was totaled, you won't receive much for it.  If it was not totaled, the property damage would be the cost of repairs.  You won't be able to recover compensation  for driving your car, gas, parking, wear and tear.  If you had a rental car, you could receive reimbursement for the cost of the rental.
As for your separate personal injury claim, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and if applicable, documentation of wage loss.  Your personal injury claim should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
You need to go to the doctor regularly until you are released or are declared to be permanent and stationary.  If you only go one time or go sporadically, you will receive very little compensation because the at-fault party's insurance company will claim that you must not have been seriously injured and will use that to pay as little as possible.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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