Case Type

The Minnesota legislature in all their wisdom excluded motorcycles from most of the required insurance benefits afforded motor vehicles.  Therefore, motorcycle accidents are true liability claims.  

 

Property damage:

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The at-fault driver is responsible to pay for the reasonable cost of the repair of your motorcycle.  You have the right to pick the garage that does the repairs.  If your motorcycle is "totaled" the at-fault driver must pay the "reasonable value" of the motorcycle in its condition right before the accident.  "Totaled" means the cost of the repair exceeds the value of the bike once repaired.  The "reasonable value" is derived by comparing similar make, model and year bikes selling in your area.   There is no set value to a used motorcycle and there is no chart or book we use.  

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If you have a "custom" motorcycle or "custom" art work on your bike, the evaluation can be very difficult.  Most insurance companies have adjusters that specialize in motorcycles.  You may need to request a specialized adjuster to get fair value.  

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When assessing the amount you will recover for your property damage, the rules of "comparative fault" apply.  Under comparative fault, both parties can be assigned fault for the accident.  You must be "not greater than" at fault compared to the other driver to make a recovery and your recovery will be reduced by your percentage of fault.  This means if the other driver is 75% at fault and you are 25% at fault, the insurance will only pay you 75% of your damage.   

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Second, if you have comprehensive and collision insurance coverage, your own insurance company will pay for your property damage, minus your deductible.  Your insurance company will then go after the at-fault driver to recovery what they paid out.  They are required to also recover your deductible. 

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The at-fault driver is reasonable for substitute transportation while your motorcycle is being repaired and the cost of towing.  

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Medical Bills:

 

If you incur medical bills, they become part of your liability claim against the at-fault driver.  If you elected PIP benefits or medical coverage under your motorcycle insurance policy, your insurance will pay medical bills up to your policy limit.  If you have private health insurance, your health insurance will pay your medical bills and then they become part of your liability claim.  

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Wage Loss:

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If you have lost wages due to your injuries, your total wage loss is part of your liability claim against the at-fault driver.  If you elected PIP benefits under your motorcycle insurance policy, your insurance will pay your wage loss up to your policy limit.  

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Lilaibty claim.

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Motorcycle victims have a claim for out of pocket expenses and compensation for pain and suffering.  

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Comparative fault does apply to bodily injury claims.  See above explanation.

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The value of your liability claim is based upon your medical bills, wage loss and the affect of the accident on your life. The main factors are the type of injury, the type of medical care needed to recover, the affect of the injury on your job and daily activities, and any long term affects.  There is no formula or chart.  Each case is unique becasue each person is unique.  An experienced injury attorney has the ability to fully evaluate your specific case based upon years of experience.  If you wish to pursue a bodily injury claim please call for a free legal consultation.  

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