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What Happens if You’re in an Uninsured Motorcycle Accident? Explained by the Best Motorcycle Accident Injury Attorneys

Determining the value of a motorcycle accident claim is very complex and there is no clear cut answer as each claim is different. Below, our experienced motorcycle accident attorneys will discuss available damages after a motorcycle accident claim, and the way that settlements are calculated. 

If you have suffered injuries as a result of a motorcycle accident in California, the experienced motorcycle accident attorneys at West Coast Trial Lawyers are always here to answer any questions you may have about motorcycle accident claims and available damages.

No Pay, No Play

Liability is the most crucial element in a motorcycle accident claim. This basically means: who was responsible for causing the accident? There must be someone who was responsible for causing your injuries, otherwise there will not be much of a claim. 

Also, you must be able to prove that someone else was negligent and responsible for causing your injuries and property loss after a motorcycle accident. Finally, an injured individual must be able to prove that someone else’s negligence was the cause of any injuries and property loss sustained. 

For example, if you were hit from behind while at a red light, but were not hurt and did not suffer any property loss, it’s not likely that you will recover many damages. This is despite the fact that the other driver was clearly negligent and at fault for hitting you. However, because you weren’t actually hurt and did not suffer any property loss, any damages will likely not even be worth the trouble fighting over. 

On the other hand, you could have been seriously hurt and totaled your motorcycle, but if the other driver was not negligent, you would not likely receive anything. However, if you were seriously hurt and totalled your bicycle because the other driver was indeed negligent, available damages will be much greater. 

Before discussing available damages, we will discuss the difference between settlement and trial value.

The Uninsured Rider’s Rights

There is a settlement value and there is a trial value. A settlement value is what you would accept after a motorcycle accident. This amount is lower than the trial value and reflects the amount you would hope to recover. The trial value is what you can reasonably expect to recover after trial and is much more than the settlement value.

Consequences Of Driving Without Motorcycle Insurance

If it can be proven that the other party was negligent in causing a motorcyclist’s injuries and losses, there are many types of damages he or she may be entitled to recover. Motorcycle riders are more susceptible to serious bodily injuries than car accident victims because they do not have nearly as much protection. 

As a result of being injured in a motorcycle accident, victims may have to deal with costly medical bills, loss of income, as well as emotional pain, physical pain, road rash, mental suffering, and PTSD. It goes without saying that recovery from a motorcycle accident is a long process.

Available damages after a motorcycle accident will typically cover financial loss or harm that was caused by the accident. California is a comparative liability state, which means that an injured motorcyclist can be found partially at fault. For example, was that motorcyclist wearing a helmet? Were they under the influence when the accident happened? Such considerations, for example, may limit an injured individual’s opportunities for financial recovery. 

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence. 

Economic Damages

Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. 

A few examples of economic losses include:

Loss of Earning Capacity

  • Medical Bills
  • Lost Wages

Non-Economic Damages

Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain And Suffering
  • Loss Of Enjoyment Of Life

Punitive Damages

The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5% of all verdicts.

Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

Contact us to find out how we can help

If you have sustained injuries in the city of Los Angeles as a result of a motorcycle accident, an attorney at our firm can  help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call West Coast Trial Lawyers today at(213) 927-3700 or email[email protected]to schedule a free consultation with our experienced, caring, and compassionate legal team.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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