How Much Are Most Motorcycle Accident Settlements?

NYC Motorcycle Accident Settlements

The physical pain is hard enough after a motorcycle crash. But the financial stress can make everything feel impossible, so it is normal to feel confused. You may want to know what kind of money you can expect to pay your bills and rebuild your life.

A motorcycle accident settlement compensates you for your injuries. It also covers your lost income and suffering without trial proceedings.

However, many riders look for an average settlement amount. But you need to think in tiers instead of looking at an average. This guide shows exactly how to value your claim and the local factors in New York that affect your payout. We will also discuss how you can get the maximum value possible. Let’s get started.

Why Average Settlement is a Dangerous Number to Chase?

An average motorcycle accident settlement is a dangerous number to chase because it can be misleading. Every crash is different. Also, insurance companies use low average numbers to trick people into accepting less than they really deserve.

So, you are likely to feel frustrated when you cannot find a single number for a settlement. This frustration makes sense. However, an average settlement is a dangerous mistake because it blends minor scrapes with life-altering injuries, creating a mathematical middle that applies to no one.

Moreover, you must understand the unique factors of your own case. A broken leg for a desk worker has a different financial impact than a broken leg for a construction worker. The exact location of your crash and the specific insurance policies dictate your case value. Also, your exact medical records can matter.

Therefore, legal professionals use a tiered approach to evaluate settlements. They group injuries into categories of severity. By doing so, you get a much clearer picture of what your specific claim is worth.

What is the Tiered Approach to Motorcycle Accident Settlements?

A tiered approach is a strategy to estimate settlement values. It groups claims into different tiers based on a number of factors, primarily your injury severity.

That is why it is a mistake to throw all motorcycle crashes into one bucket. We look at three specific tiers. Here is exactly what those tiers look like in New York.

Tier 1: Minor Soft Tissue Injuries

A tier 1 settlement covers injuries that heal completely within a few months without surgery. The typical range for this tier motorcycle accident settlement is $10,000 to $40,000.

Some examples of tier 1 injuries are:

• Severe road rash
• Deep bruises
• Muscle sprains
• Whiplash

But there’s a local reality. These types of injuries usually happen during low-speed sideswipes on busy local roads. Some common examples are Queens Boulevard or Staten Island’s Hylan Boulevard . A car might merge into your lane at 15 miles per hour. As a result, you might get knocked to the pavement.

A lot of factors influence where you land in that $10,000 to $40,000 range. Visible scarring is a major factor. If your road rash leaves a permanent scar, the value goes up. Your medical documentation also plays a big role. Hence, you must have urgent care or emergency room records. They show you got treatment immediately after the crash.

Tier 2: Fractures and Moderate Injuries

The tier 2 settlement covers broken bones and injuries that require a longer recovery period or minor surgeries. The typical range here is $75,000 to $400,000.

Some of its common injuries include:

• Broken collarbone
• Fractured wrist
• Snapped leg
• Cracked pelvis

Usually, we see these crashes at Brooklyn’s busy intersections, like Atlantic Avenue and Flatbush Avenue . For instance, a driver taking a quick left turn often fails to see a rider. This can result in a T-bone crash that throws the rider from the bike.

The biggest factors that influence a tier 2 NYC motorcycle accident settlement are surgery requirements and recovery time. Let’s suppose a broken leg that requires an ORIF (Open Reduction and Internal Fixation) . This means the surgeon uses metal plates and screws to hold your bones together. So, your settlement value increases sharply. In short, a longer time away from work also pushes the payout higher.

Tier 3: Catastrophic Injuries

A tier 3 settlement covers life-changing or permanent injuries that require lifelong medical care. The typical range for this motorcycle accident settlement is $1 million to $10 million or more.

These are some examples of injuries for this tier 3:

• Spinal cord damage
• Paralysis
• Traumatic brain injuries
• Limb amputations

These catastrophic events usually happen during high-speed crashes on major highways. This can be on the Bronx’s Cross Bronx Expressway or Long Island’s Southern State Parkway . When a rider is hit at 65 miles per hour, the results are devastating.

The factors that influence a tier 3 settlement go beyond the injury itself. The presence of commercial insurance policies is vital. A standard driver might only carry $25,000 in insurance. But a commercial delivery truck might carry a $1 million or $5 million policy.

Furthermore, long-term care needs also drive these settlements. Let’s suppose a person needs a wheelchair, home modifications, and daily nursing care for the rest of their life after the accident. Then, the settlement must cover all those future costs.

What is the Borough Effect on Motorcycle Accident Settlement Values?

The Borough Effect means the exact county where your crash happened changes your settlement based on local jury tendencies. Different parts of New York have different types of juries.

You might think an injury is worth the same amount everywhere. It’s perfectly natural to presume the law applies equally.

Additionally, plaintiff-friendly venues are areas where juries tend to side with the aggrieved party and award larger compensation. There are two plaintiff-friendly venues in New York City – Kings County (Brooklyn) and Bronx County. Here, juries tend to comprehend the daily hazards of city transportation and tend to award larger settlement figures.

Then, you have conservative venues. These are areas where juries are more skeptical of injury claims and award less money. Nassau County and Suffolk County on Long Island are typically conservative venues. Juries there often side with insurance companies or place more blame on the rider.

Also, insurance companies know this. They adjust their pre-suit offers based on the venue because they know how local injuries act. For example, your crash happened in the Bronx. Then, the insurance adjuster might offer you $150,000 right away to avoid a trial.

Now, let’s say a crash happened in Suffolk County. That same insurance adjuster might offer only $80,000. Therefore, it is really important to know your local NY court system to price your case.

What are the Key Factors that Influence Motorcycle Accident Settlement Amounts?

Some key factors that influence the amount of a motorcycle accident settlement are injury severity and medical bills. Then, courts also consider lost wages and insurance limits. 

We understand that it can be scary to realize your financial future is in the hands of an insurance company. You need to know what they are looking at. So, here is exactly how these factors change your payout:

Severity of Injuries

Your physical pain is the most important part of your claim. Medical documentation is the strict foundation of your settlement value. Insurance companies do not care how much you hurt. They only care what your medical records prove.

You must follow your treatment plans exactly. Suppose your doctor tells you to go to physical therapy twice a week for two months. So, you must go twice a week for two months. You also need to avoid gaps in care because a gap in care happens when you wait weeks or months between doctor visits. The insurance adjusters can see these gaps. Then, they will argue that you were not really hurt to drop their settlement offer.

Medical Expenses and Future Care

A crash creates bills today, but it can also create bills ten years from now. Your settlement must cover both immediate costs and long-term care needs. Immediate costs include:

• Ambulance ride
• Emergency room visit
• Current prescriptions

Future care is harder to price. You might need future surgeries or lifelong pain medication if you have catastrophic injuries like a permanent limp or nerve damage. In these cases, we use a life care planner. This is a medical professional who calculates exactly how much your injuries will cost you for the rest of your life. Their report forces the insurance company to pay for your future, not just past.

Lost Wages and Earning Capacity

You are likely stressed about missing paychecks. Your settlement pays you back for lost wages and lost earning capacity.  So, you must document current and future income losses. We, at Cohen & Cohen Law Group, use your past pay stubs and tax returns to show exactly what you missed. 

Moreover, you have lost earning capacity if your injury stops you from doing your old job entirely. Our experienced lawyers use vocational expert testimony to prove this. Simply put, a vocational expert is a job market specialist who explains to the court why your injury prevents you from working. They also highlight how much money you will lose over your lifetime because of it.

Insurance Coverage Limits

You cannot squeeze blood from a stone. Insurance coverage limits set the absolute ceiling on what you can easily collect. The minimum liability coverage in New York is only $25,000. If the driver who hit you only has a minimum policy, $25,000 might be all you can get from them directly.

This is where underinsured motorist coverage and commercial policies can be really useful. Underinsured motorist coverage is a part of your own motorcycle insurance policy. For example, the at-fault driver does not have enough insurance. Then, your own policy can pay the difference. If a commercial vehicle hits you, its corporate policies often carry millions of dollars in coverage. This opens the door for a much larger settlement.

Liability and Fault Determination

You might feel angry that the other driver is blaming you. That is a common defense tactic. New York uses a rule called comparative negligence law . This means the court looks at the crash and assigns a percentage of fault to everyone involved.

Suppose the court decides your settlement is worth $100,000, but they also decide you were 20% at fault because you were speeding. So, they will reduce your payout by 20%. You will walk away with $80,000. Because of this rule, evidence is incredibly important.

Therefore, you will need this evidence:

• Police reports
• Witness statements
• Traffic camera footage

Why Your Past Medical History Matters for Motorcycle Accident Settlements

Your past medical history matters for NYC motorcycle accident settlements because insurance companies can use it against you.

We understand that you might feel violated when the insurance company asks for your past medical records. This feels invasive, but they are looking for pre-existing conditions. They can use an old injury you had before the crash to lower your settlement amount.

For instance, you hurt your lower back five years ago, and the crash hurt your lower back again. The adjuster will say your current pain is just from the old injury. They do this to deny you money.

That is why you need an experienced personal injury lawyer. They can use specific strategies to counter insurance company arguments. At Cohen & Cohen Law Group, we get your doctors to write letters explaining how the crash aggravated or worsened your old injury. The law clearly states that if a crash makes an old injury worse, you still deserve compensation for that new pain.

What are the Common Mistakes that Reduce Motorcycle Accident Settlement Values?

Some common mistakes that can reduce your motorcycle accident settlement value include taking quick insurance offers and posting on social media. The lack of evidence can also lower the amount or dismiss your case entirely.

This can be a difficult time for many, so it is easy to make a wrong move when you are in pain. Certain common mistakes will drastically reduce your average motorcycle accident settlement value.

Here is what you must avoid:

Quick Insurance Offers

The first offer is always a trap. Adjusters know you are stressed about bills. So, they wave a fast check in your face. If you take it and sign the release, your case is closed forever. Even if you need a $50,000 surgery next month, you cannot ask for more money.

Social Media Posting

Insurance companies have investigators who watch your Facebook, Instagram, and TikTok. If you claim you cannot walk, but you post a picture of yourself at a family barbecue smiling and standing up, they will use that photo to destroy your claim. Do not post anything about your life until your case is over.

Delayed Medical Treatment

It can be really problematic if you wait a week to see a doctor because you thought the pain would go away. The insurance company will say your injuries are fake. So, go to the doctor the same day the crash happens.

Missing Documents or Evidence

A lost police report or a missing receipt for your damaged helmet is like throwing money in the trash. You must keep a file of every single paper related to the crash.

What Steps Can You Take to Maximize Your Motorcycle Accident Settlement?

First of all, you should get legal help from experienced lawyers. You should also use expert witnesses to build a strong case. Don’t talk to the insurance company, as that can hurt your case.

That’s because you have the power to protect your financial future. The appropriate first moves will make the insurance provider deal with you fairly. 

Here’s what you need to do to maximize your motorcycle accident settlement:

Seek Immediate Medical Attention and Document Everything

First, seek treatment at an emergency department or urgent care center soon after the crash. Tell the doctors exactly where it aches, even if it is a small pain. When you get home, make a folder.

This is where you’ll keep all your hospital discharge paperwork, pharmaceutical receipts and bills all in one location. Also, write down how you feel every day in a notebook. This journal acts as proof of your daily pain and suffering.

Work with Experienced Motorcycle Accident Attorneys

The law is complicated, so you should not handle it alone. An experienced lawyer from Cohen & Cohen Law Group can help you because of their expertise in motorcycle crash cases. These crashes have unique physics, specific road biases, and different insurance rules from car crashes. A personal injury lawyer who knows these details will spot money that a general lawyer might miss.

Avoid Speaking to Insurance Companies Without Legal Counsel

The other driver’s insurance company is not your friend. When they call to ask how you are doing, they are secretly recording you. Many people make the mistake of saying they are fine when the company asks, “How are you today?” 

Then, adjusters will use that recording to say you are not actually hurt. Let your lawyer do all the talking. Tell the adjuster, “Please speak to my attorney,” and hang up.

Build a Strong Case with Expert Witnesses and Thorough Documentation

A big settlement requires really good proof. So, work with your lawyers to gather traffic camera footage before it gets deleted. Find people who saw the crash and get their written statements.

Moreover, your NYC motorcycle accident lawyer will hire medical and financial experts to explain exactly how much money you will lose over your lifetime. This can be very helpful if your injuries are severe. Strong proof leaves the insurance company with no choice but to pay.

Key Takeaways for New York Motorcycle Riders

You have been through a traumatic event. However, now you have a roadmap forward, so it is important to understand your specific injury tier. This is the first step to really value your case. 

Therefore, you should always consult an attorney who has specific experience in the county where your crash happened. A lawyer who knows how Bronx juries think will get you a better result in the Bronx than a lawyer who only works in Suffolk County.

Here is our final advice: Do not accept an average motorcycle accident settlement without knowing your injury tier and your full case value. Once you sign the settlement papers, you can never go back.

Now, you do not have to wait to stand up for your rights. The team at Cohen & Cohen Law Group can give you experienced assistance and works on a contingency basis, so you get what you actually deserve. Our record of accomplishment in New York speaks for itself.

So, contact Cohen & Cohen Law Group today for a free, private case evaluation. We will look at the facts, tell you what tier you fall into, and help you secure the maximum settlement possible.