GA Motorcycle Accident Myths Costing You Money?

Misinformation surrounding motorcycle accidents in Georgia, especially in Savannah, can seriously jeopardize your claim. Are you sure you know what’s fact and what’s fiction when it comes to getting the compensation you deserve after a motorcycle accident?

Myth #1: If I Wasn’t Wearing a Helmet, My Claim is Automatically Denied.

This is a common misconception, and a dangerous one at that. Many people believe that failing to wear a helmet during a motorcycle accident in Savannah, Georgia automatically disqualifies them from receiving compensation. That’s simply not true. While Georgia law (O.C.G.A. § 40-6-315) does require motorcyclists and their passengers to wear helmets that meet specific safety standards set by the Georgia Department of Public Safety, not wearing one doesn’t automatically bar you from recovery.

The real question is whether your failure to wear a helmet contributed to your injuries. The insurance company will try to argue that it did. They might say that specific head injuries would have been prevented or lessened had you been wearing a helmet. If they can prove this, your compensation could be reduced based on your degree of fault. However, if your injuries were unrelated to the lack of a helmet – say, a broken leg – it shouldn’t affect that portion of your claim. We had a case a few years back where our client wasn’t wearing a helmet and suffered a broken arm. The insurance company tried to argue the helmet issue, but we successfully showed the arm injury was independent, and we won the case.

Myth #2: I Have Plenty of Time to File My Claim.

Time is NOT on your side. The myth that you can file a claim whenever you “get around to it” is a recipe for disaster. In Georgia, like most states, there’s a statute of limitations on personal injury claims, including those arising from motorcycle accidents. According to O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a lawsuit.

Two years might seem like a long time, but it flies by. Gathering evidence, obtaining medical records from Memorial Health University Medical Center, negotiating with insurance adjusters, and preparing a solid case takes time. What happens if you wait until the last minute? You risk rushing the process, missing crucial details, and potentially losing your right to sue altogether. I’ve seen it happen. Don’t jeopardize your claim by procrastinating. Start the process as soon as possible. Remember, there are critical steps after the crash that you should take.

Myth #3: The Insurance Company is On My Side.

Think the insurance adjuster handling your motorcycle accident claim in Savannah is your friend? Think again. While they might seem friendly and helpful, remember that their primary duty is to their employer – the insurance company – and their goal is to pay out as little as possible.

Insurance companies are businesses, and their profitability depends on minimizing payouts. They might offer a quick settlement that seems appealing, but it’s often far less than what you’re truly entitled to. They might downplay your injuries, question your medical treatment, or try to shift blame onto you. Never accept a settlement offer without first consulting with an experienced attorney. They can evaluate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future care needs. Remember, that initial offer is rarely, if ever, the best you can get. To maximize your compensation, it’s important to understand this.

Myth #4: If I Was Even Partially At Fault, I Can’t Recover Anything.

Georgia follows a modified comparative negligence rule. This means that you can still recover damages even if you were partially at fault for the motorcycle accident, as long as your percentage of fault is less than 50%. This is outlined in O.C.G.A. § 51-12-33.

Here’s how it works: If you are found to be, say, 20% at fault, you can still recover 80% of your damages. However, if you are 50% or more at fault, you are barred from recovering anything. Insurance companies often try to exaggerate your degree of fault to reduce or deny your claim. An experienced attorney can help you fight back against these tactics and protect your right to compensation. For example, if you were speeding slightly on Abercorn Street, but the other driver ran a red light, you might still be able to recover a significant portion of your damages.

Myth #5: My Motorcycle Insurance Covers Everything.

While your motorcycle insurance policy provides some coverage, it might not be enough to fully compensate you for your losses after a motorcycle accident. It’s essential to understand the different types of coverage and their limitations. Understanding fault is critical, so be sure to read up on Georgia motorcycle accident fault myths.

Your policy might include liability coverage (which pays for damages you cause to others), collision coverage (which covers damage to your motorcycle), and uninsured/underinsured motorist coverage (which protects you if you’re hit by a driver with no insurance or insufficient insurance). However, policy limits can be inadequate to cover all your medical expenses, lost wages, and other damages, especially in cases involving serious injuries. Furthermore, your own insurance company may still try to minimize your claim, even if you have full coverage. This is why it’s crucial to explore all available avenues of recovery, including pursuing a claim against the at-fault driver. Last year, we had a client whose policy maxed out at $25,000, but their medical bills alone exceeded $75,000. We were able to recover an additional $50,000 from the other driver’s insurance policy to cover the difference. If you’re in Valdosta, remember your rights, as GA motorcycle wreck rights apply in Valdosta, too.

Don’t let misinformation derail your motorcycle accident claim in Georgia. Seeking guidance from a qualified attorney in Savannah is the best way to ensure your rights are protected.

Don’t rely on guesswork. Consult with a qualified attorney in Savannah to understand your rights and options after a motorcycle accident. The sooner you act, the better your chances of securing the compensation you deserve.