Factors That Can Impact Motorcycle Accident Claims in Washington State
If you were injured in a motorcycle accident in Washington, you may already know that the claims process is not 100% straightforward. Insurance companies aim to minimize their financial liability, which means they spend significant time and resources scrutinizing claims. But what factors actually impact your potential settlement value?
Below, our motorcycle accident attorneys from Max Meyers Law PLLC explain seven common motorcycle accident claim factors.
Injury Severity
Severe injuries often constitute increased settlements as they require ongoing medical expenses for long-term rehabilitation. Relatively minor injuries with a positive outlook for complete recovery typically lead to lower settlement offers, depending on various other case details. When evaluating injury severity, insurers often consider:
- Your official diagnosis
- How long you waited to seek treatment after the accident
- How the injury impacts your daily life
- Whether the injury will affect your earning capacity in the future
- The likelihood or timeline of a full recovery
- Any permanent disfigurements, loss of quality of life, or scars caused by the injury
Medical Expenses
Medical expenses create clear documentation, outlining the financial impact of the accident. High medical expenses naturally warrant seeking an increased settlement.
Insurers may also use your medical documentation to evaluate whether you’ve adhered to your prescribed treatment plan. Straying from your doctor’s recommendations may affect your claim.
Property Damage
When pursuing a claim, you typically seek a settlement that will represent your full losses, including property damage. If your bike suffered damage or any expensive clothing, jewelry, helmets, or accessories, this may impact your claim value. While insurers weigh many motorcycle accident claim factors when negotiating settlements, concrete evidence of financial losses typically remains a high priority in the claim calculation process.
Lost Wages
If your injuries affect your ability to work, you may be able to pursue lost wages, which can increase your claim value. Victims can sometimes seek lost wages for current and future time off from work, depending on the nature of their injury. You may not be compensated for your full salary, but the insurer may provide a percentage of your standard wage.
Liability Determination
Washington is a comparative fault state, which means that each party involved in an accident will be assigned a percentage of liability. Your compensation will then be reduced by the percentage you’re assigned. For example, if the insurance company finds you 10% liable for the accident and the total settlement award is $50,000, you would be awarded $45,000 after the deduction.
Along with various other motorcycle accident claim factors, the liability determination phase significantly impacts your settlement. If you’re assigned any liability for the accident, your settlement will be reduced.
Available Evidence
Insurance companies consider various types of evidence when making liability determinations. The evidence of negligence available for your accident may strengthen or weaken your claim. For example, witness statements may help support your version of events, or black box data may help prove that another driver was speeding.
Insurance Coverage
The insurance policies of all parties involved affect the amount of money available for the settlement. For example, if the liable party has a policy maximum of $50,000, their insurer will cap their offer here, regardless of your losses.
Your personal coverage may also impact your options. For example, if the liable party’s insurer cannot meet your losses, you may be able to pursue an underinsured motorist claim through your provider, but only if you have coverage for this.
Do You Need Help Navigating Your Motorcycle Accident Claim?
Quite a few motorcycle accident claim factors affect your ability to pursue a settlement that reflects your full damages. If you need help with your claim, reach out to Max Meyers Law PLLC at (425) 559-9453 to speak with an attorney.