Just how much is your motorcycle accident claim worth, and how is that number determined? The answer depends on the specific aspects of your claim. For example, if you were partly at fault, you can still pursue a claim, but receive a lesser amount based on fault percentage. It also depends on whether the driver responsible for the collision has adequate insurance.
At Salamati Law, we can evaluate a rider’s specific losses and pursue maximum compensation. While most motorcycle accident claims are settled, we will litigate your case if the insurance company fails to agree to a reasonable settlement amount.
Is There an Average Motorcycle Accident Settlement in California?
Every motorcycle accident claim is unique as no two people are hurt in exactly the same way or have the same set of circumstances leading up to the crash. Plus, no two accident victims will have identical medical expenses or lost wages, and at-fault parties may have different insurance limits.
While there is no average motorcycle accident settlement per se, there is a settlement range based on injury severity and impairment. For relatively minor injuries, such as first-or-second-degree road rash, settlements may range from $10,000 to $50,000. Moderate injuries, such as simple fractures or concussions, may settle between $50,000 and $200,000.
A settlement for severe injuries may range from $200,000 to $1 million or more. Such injuries include:
- Disfigurement
- Internal organ damage
- Multiple broken bones
- Spinal cord damage
- Traumatic brain injury
Unfortunately, the greater the injury, the more likely the insurance company will try to deny or minimize payments. Serious injuries can cost a million dollars or more and affect the company profit. Because many motorcycle accident victims are young, they may need decades of ongoing care in the event of a catastrophic injury. Such victims require ongoing care, such as a series of future surgeries, specialized equipment or nursing home residency.
What Financial Losses Can You Recover?
Economic damages in a motorcycle accident case are quantifiable, out-of-pocket items that can add up, such as:
- Medical expenses: Besides doctor, hospital, prescriptions, and other medical expenses, keep a record of transportation costs to and from medical appointments if the injury does not allow you to drive. Any special equipment or home modifications can also count towards this amount.
- Lost wages: Pay stubs and tax returns can validate the amount of wages lost due to your injury.
- Property damage: This involves the fair market value of the motorcycle and the loss of gear. Itemize everything damaged in the collision.
- Hiring help: Victims may have to pay for services that they performed themselves before the accident. This may include hiring lawn services, childcare providers, or house cleaners.
Pain, Suffering, and Loss of Quality of Life
Non-economic damages are subjective, as it is hard to put an exact number on someone’s pain and suffering.
Common non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Evidence that can help prove these damages includes medical reports and doctors’ testimony. Family members, friends, and colleagues can testify as to how the motorcycle accident affected the victim. That may involve favorites activities they will never be able to participate in again, or the psychological effect of a permanent disability forcing them to lose independence.
Many insurance companies use a formula to calculate non-economic damages. This determination involves adding up all economic damages and then multiplying the amount by 3 to come up with a non-economic damages number. For instance, if the economic damages total $250,000, the non-economic damages would be $750,000.
Key Factors That Determine the Value of Your Claim
Factors driving claim value include:
- Injury severity: The more serious the injury, the longer the medical treatment and the higher the costs. If the victim can return to work at their current occupation within a reasonable time frame, the claim value is not as high as for someone who will never work again or cannot work in their previous occupation.
- Clarity of fault: If the defendant was clearly at fault, it strengthens the accident victim’s case considerably. If the victim was partly at fault, the settlement reflects that fact.
- Medical bills: Medical expenses after a motorcycle accident can prove astronomical. The bills may begin with a trip via ambulance to the emergency room and end far in the future as the victim undergoes surgeries and receives physical therapy, requires prescription medication, needs special equipment and accommodation and more.
- Lost wages: Although wage amounts vary by person, someone who lost a few weeks’ worth of work due to the accident will likely have a lower settlement amount than an individual out of work for months.
- Loss of future earnings: If the injury means the person cannot work again for years or can never return to their prior occupation, settlement amount value increases.
Insurance Coverage
Much depends on the rider’s motorcycle accident insurance. In California, the minimum amount of motorcycle accident coverage is:
- $15,000 for bodily injury sustained by one person
- $30,000 for bodily injuries suffered by more than one person
- $5,000 for property damage that is caused by a crash
Keep in mind that motorcycle accident insurance covers the other party’s injuries or property damage, not the motorcyclist if they are at fault. California is an at-fault state, where the party liable for the accident is responsible for paying the victim’s compensation. While Uninsured/Underinsured motorist (UMM) coverage is not required in California, it is wise to purchase it. If the driver who hits you has no insurance and no assets, your UMM coverage can pay some of your bills.
A California driver’s minimum amount of car accident insurance is:
- $30,000 for injury/death to one person
- $60,000 for injury/death to more than one person
- $15,000 for damage to property
Minimum insurance requirements were last updated as of January 1, 2025. Many drivers carry more than the minimum amount of insurance, because being underinsured can mean their personal assets are at risk in a lawsuit. A serious motorcycle injury is going cost far more than $30,000 considering surgeries, hospitalizations, rehabilitation and other treatments.
If the defendant’s insurance coverage is inadequate for paying your claim, your attorney will determine whether the defendant has assets that may be pursued in a personal injury lawsuit, such as:
- Checking and savings accounts
- Taxable brokerage accounts and mutual funds
- Stocks and bonds
- Real estate other than the primary home
- Personal property such as art, antiques, boats, jewelry, and luxury vehicles
However, it is unusual for someone with substantial assets to be significantly underinsured. A defendant with inadequate insurance typically does not have assets to pursue. Your attorney will guide you on UMM and other avenues where you may be able to receive compensation.
How California’s Comparative Fault Rule Affects Your Settlement
It is not unusual for a motorcyclist to be partly at fault for an accident. Inexperienced motorcyclists may have poor vehicle control and contribute to the collision, or, if the rider was going even slightly over the speed limit, it may have been a factor in crash severity.
California uses a pure comparative negligence standard when it comes to liability. In most states, a plaintiff found 50 or 51 percent responsible for the accident cannot recover damages. That is not the situation in California. In theory, even if you are 99 percent at fault for the collision, you can still sue the other party for their 1 percent of fault.
For practical purposes, if the jury finds you 25 percent at fault, your settlement or award is reduced by that percentage. A $100,000 award is reduced to $75,000.
How Salamati Law Can Help Maximize Your Motorcycle Accident Claim
If you were seriously injured in a motorcycle accident due to another party’s negligence or recklessness, you need the services of an experienced motorcycle accident lawyer in Los Angeles at Salamati Law.
Schedule a free, no-obligation consultation today. We know the fair value of your claim based on your injury severity, prognosis, and similar recent settlements or awards.
