Motorcycle after an accident. | Patrick Daniel Law

What Is the Average Settlement for Motorcycle Accident Claims?

As you consider your legal options after a motorcycle accident, you may be wondering how much an average settlement is worth. While it’s a good question, the answer, unfortunately, is not simple. The range of settlement offers is so great that an average is not very useful and ultimately would not help determine how much your unique claim is worth.

This is because the value of your motorcycle claim depends on factors such as:

The severity of your injuries
Your damages
Who is held liable

Once these factors become clear, it is much easier to begin calculating the value of your claim and how much a settlement is worth.

Settlement vs. Trial

Recovering compensation for a motorcycle accident can come in one of two ways: settlement or trial. Each has its benefits and drawbacks:

Settlement

Settling motorcycle accident claims with the at-fault party’s insurance company is generally the best and quickest way to recover compensation. Typically, the insurance company will evaluate your claim and, if they agree that their policyholder is liable, they will provide a settlement offer. Usually, this offer is for much less than you deserve, however, which is why you should rely on your lawyer’s negotiation experience before accepting.

Trial

At any point in the process, you also have the right to file a lawsuit against the liable party for your damages. Typically, this is considered when accident victims are unable to negotiate an acceptable settlement offer with the insurance company. While this is the best option in some cases, it will generally take longer to recover compensation and does entail more risk.

Altogether, there is not necessarily a right or better way. It may ultimately come down to how willing you are to accept a lesser offer or how unwilling the insurance company is to negotiate.

What Factors Should I Consider Before Agreeing to a Settlement?

Deciding to settle vs. pursuing a greater amount of compensation in court comes down to two primary factors:

The value of your claim relative to the settlement offer: If the insurance company provides a settlement offer that is far less than what you deserve, and refuses to negotiate any higher, then the only way to recover additional compensation may be to take the claim to court. This can also be important to consider if the other driver’s insurance policy limit does not fully cover your damages.
The strength of your case relative to the compromised settlement: If the settlement offer is less than you would like but you are not sure if you would win a lawsuit, it may be wiser to settle for a lower amount. Taking a case to court does lead to more risk since the jury may decide, for example, that both parties shared liability. In that case your compensation may be reduced by your percentage of fault. On the other hand, if you have a strong, evidence-based case, it might be worth the risk to pursue a greater amount of compensation.

Again, each situation is different. In some cases, it makes sense to accept a settlement offer that is less than what you may deserve; in others, escalating a case to trial may be the best move

How Long Do Motorcycle Accident Claims Take To Settle?

As with the value of a motorcycle claim, the time it takes to settle a claim depends a great deal on your unique situation. Settlements are quicker than taking a case to trial, but settlements can still take time if they involve lengthy negotiations with the other party’s insurance company.

In some situations, there may even be multiple insurance companies involved, which can greatly increase the claim’s complexity. For example, if the accident was with a large truck, the trucking company that employs the driver or the maintenance company responsible for the truck’s upkeep may also share some responsibility for the accident.

However, the insurance company (or companies) may also decide to contest liability, claiming that their policyholder was not, in fact, at fault for the accident. This can result in lengthy negotiations that take much longer than if liability was clear-cut and agreed upon.

Will My Motorcycle Accident Attorney Be Ready To Go to Trial?

While every good motorcycle accident attorney should do what they can to settle their clients’ claims outside of court, they should also always be ready to go to trial if the situation calls for it.

Unfortunately, not every motorcycle lawyer is willing to do so. Instead of doing everything they can to recover the compensation their clients deserve, they encourage their clients to accept lowball settlement offers so that they don’t have to take the time and put the effort into going to trial.

That’s why one of your questions when interviewing potential attorneys should always be: Will you be ready and willing to take my case to trial if it’s the best way to protect my rights? If they stumble to answer, it may be best to find a different attorney.

Contact Patrick Daniel Law Today

At Patrick Daniel Law, our guiding principle is always to do what is best for our clients. Not what is easiest or quick, but what is best. If we can accomplish favorable settlements without taking motorcycle accident claims to trial, we will. If not, we are ready and willing to represent you in a court of law.

Most importantly, you can rest assured that your best interests are being fought for while you focus on recovering from your injuries.

Contact our motorcycle accident attorney today for your FREE consultation. We represent clients in Houston and throughout Texas with determination.

What To Consider Before Settling a Motorcycle Accident Claim