Riding along New Jersey’s roadways on a motorcycle can be an invigorating experience for riders. Unfortunately, motorcyclists are at increased risk of injury when an accident occurs, with more than eighty percent of the twelve thousand accidents reported between twenty-twelve and twenty-sixteen resulting in injury or death. 

There are several options for a victim to get compensation for their injuries. Motorcyclists are required by law to maintain an insurance policy with bodily injury liability coverage on their motorcycles, and car owners will usually have bodily injury liability coverage as a part of their policies as well. 

WHAT WILL INSURANCE COVER?

All motorcyclists must have insurance policies that include minimum bodily injury liability coverage to pay for personal injuries. Typically, all drivers will have standard auto policies that include equal coverage. However, drivers may choose a basic auto policy that does not include this coverage.

Generally, the number of victims will determine what a policy will pay out. Basic motorcycle policies and standard auto policies will include a minimum fifteen thousand dollars per victim, and in accidents with multiple victims, they will provide a minimum thirty thousand dollars per accident. If a driver chooses a basic auto policy, they may have no bodily injury liability coverage or only optional coverage of ten thousand dollars per accident.

What’s more, bodily injury liability coverage will typically only cover medical expenses and similar tangible costs (not things like pain and suffering), and fifteen thousand dollars may not be enough to cover even the medical expenses. In cases where this is true, you will need to consider filing a lawsuit.

SUING A LIABLE PARTY

To sue for more compensation, whether for medical expenses or non-economic losses like pain and suffering, you or a loved one usually must experience what is considered a serious injury under New Jersey’s limitation on lawsuit threshold. Most auto and motorcycle policies include the limitation, which will restrict your right to sue, but it is possible to purchase policies without the limitation at a higher cost.

In our experience, you will generally settle out of court within 30 to 90 days if you are able to sue. A good case will have clear mistakes and negligence on the part of a liable party, and they will wish to avoid a trial involving an expensive legal process. However, if you take a settlement, you waive your right to sue or appeal for further compensation. If you and a liable party cannot settle out of court, a trial may take up to three or four years. 

The average settlement for a motorcycle case is under $75,000, but there are many confidential settlements that may be well above that number. Of course, the amount you receive will be reduced by your own liability for an accident as determined by the court.

If you or a loved one was injured in a motorcycle accident, contact Rosenblum Law for a free, no-obligation consultation.

It’s common for potential personal injury plaintiffs to ask what their case is worth. There is no clear-cut answer to this question, but there is quite a bit of information that can provide insight as to how the amounts are calculated, what factors are considered, and what an experienced attorney can do to improve the likelihood of getting the best settlement possible.

New Jersey requires all drivers to carry car insurance so that victims of car accidents have a way to get compensation, and all of these car insurance policies must include coverage for Personal Injury Protection, also known as PIP. So, when people or their dependents are injured in a collision, these benefits are available to cover medical bills. 

WHAT PIP BENEFITS WILL, AND WILL NOT COVER

PIP benefits must cover personal injuries to the insured or their dependents when they are riding in a vehicle involved in a crash, entering or exiting a vehicle, or a pedestrian hit by a vehicle. But these PIP benefits will only pay for what the law calls “economic damages,” such as medical bills and wages lost because the injured person can’t work. They do not cover pain and suffering, loss of enjoyment of life, or other, non-economic types of damage.

It’s also important to note that PIP benefits have policy limits. The required PIP coverage minimum is a mere $15,000 and the insurer is not required to pay anything over the policy limit. You will need to sue to recover money for expenses over the PIP amount.

SHOULD I PURSUE A LAWSUIT?

If your insurer denies PIP benefits or your medical costs exceed the PIP policy limit, a lawyer can file a lawsuit to force them to pay for your economic losses. They also may be able to get money for non-economic damages like pain and suffering or mental anguish, especially if the accident resulted in permanent injury. 

The extent of your injuries and fault of the other driver are factors in determining the amount of a settlement. A lawyer will work with you to collect all of the evidence needed to present a strong case. For example, you will want to show the severity of your injuries and provide adequate supporting medical records. Proof of the other driver’s fault, such as a police report and eyewitness accounts, can also increase the amount you receive.

HOW DO INSURANCE COMPANIES COME UP WITH A SETTLEMENT AMOUNT?

Nowadays, insurance companies rely on computer software programs that apply formulas to come up with settlement calculations. The problem is that such programs can’t measure the real extent of an injured person’s pain and suffering. It can’t foresee possible future expenses caused by issues that develop weeks or months after your accident. And, two people with the very same injury can have their lives impacted in very different ways.

You don’t have to accept what the program calculates for you. Even after insurance adjustment software arrives at a settlement amount, the insurance adjuster assigned to your case may have some leeway in negotiating further.

If you’ve been injured in a car accident, contact Rosenblum Law for a free, no-obligation consultation today.