GA Motorcycle Crash: Don’t Lose $ on These Myths

Navigating the aftermath of a motorcycle accident in Savannah, Georgia can be overwhelming. Unfortunately, misinformation abounds, making it difficult to know your rights and how to properly file a claim. Are you sure you know the truth about seeking compensation after a motorcycle crash?

## Myth #1: If I Was Partially at Fault, I Can’t Recover Anything

This is a common misconception. Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. § 51-12-33. This means that you can still recover damages even if you were partially at fault for the motorcycle accident, but your recovery will be reduced by your percentage of fault. If you are found to be 50% or more at fault, you cannot recover anything.

For example, say you were speeding slightly on Ogeechee Road when another driver made an illegal left turn, causing the collision. A jury might find you 20% at fault for speeding and the other driver 80% at fault for the illegal turn. If your total damages are $50,000, you would recover $40,000 (80% of $50,000). I had a client last year who thought he had no case because he admitted to changing lanes without signaling, but we were able to prove the other driver was primarily responsible for the collision at the intersection of Abercorn and Derenne, resulting in a substantial settlement for him.

## Myth #2: I Don’t Need a Lawyer; I Can Handle the Insurance Company Myself

While you can technically handle the insurance claim yourself, it’s rarely a good idea, especially after a motorcycle accident. Insurance companies are businesses, and their goal is to minimize payouts. They may try to offer you a quick settlement that is far less than what you’re entitled to. Here’s what nobody tells you: those initial settlement offers are almost always lowball offers.

A lawyer experienced in Georgia motorcycle accident claims understands the intricacies of the law, knows how to properly value your claim, and can negotiate effectively with the insurance company. We can also handle all communications, protecting you from saying anything that could hurt your case. Furthermore, if the insurance company refuses to offer a fair settlement, we can file a lawsuit and take your case to trial in the Chatham County State Court if necessary. For more on this, see our article on why you shouldn’t talk to insurers alone.

## Myth #3: My Motorcycle Insurance Will Cover Everything

This is often not the case. While your motorcycle insurance policy will provide some coverage, it may not be enough to fully compensate you for your injuries and damages after a motorcycle accident. The amount of coverage depends on the policy limits you selected. More importantly, your own insurance only kicks in if you are at fault, or if the at-fault driver is uninsured or underinsured.

If another driver caused the accident, you would typically pursue a claim against their insurance policy. It’s crucial to understand the different types of coverage, such as liability, collision, and uninsured/underinsured motorist coverage, to determine the full extent of available compensation. Uninsured/underinsured motorist coverage is particularly important, as it protects you if the at-fault driver has no insurance or insufficient coverage to pay for your damages. I’ve seen many cases where clients were seriously injured and the at-fault driver only had the minimum $25,000 policy limit, which barely scratched the surface of their medical bills. Reading up on what your case may be worth can also be helpful.

## Myth #4: I Have Plenty of Time to File a Lawsuit

This is false. In Georgia, the statute of limitations for personal injury claims, including those arising from motorcycle accidents, is generally two years from the date of the accident, according to O.C.G.A. § 9-3-33. While two years may seem like a long time, it can pass quickly, especially while you’re dealing with medical treatment, recovery, and other challenges.

If you fail to file a lawsuit within the statute of limitations, you will lose your right to sue for damages. It’s crucial to consult with an attorney as soon as possible after a motorcycle accident to ensure that your claim is filed on time. This is especially true if the accident involved a government vehicle or a complex investigation, as these cases may have different deadlines and requirements.

## Myth #5: Only the Cost of Motorcycle Repairs Matters

While the cost to repair or replace your motorcycle is certainly a significant factor in your claim, it’s only one piece of the puzzle. After a motorcycle accident in Savannah, Georgia, you are entitled to recover compensation for a wide range of damages, including:

• Medical Expenses: This includes past and future medical bills, hospital stays, physical therapy, medication, and other related costs.
• Lost Wages: You can recover lost income if you were unable to work due to your injuries. This includes both past lost wages and future lost earning capacity.
• Pain and Suffering: You are entitled to compensation for the physical pain, emotional distress, and mental anguish you have experienced as a result of the accident.
• Property Damage: This includes the cost to repair or replace your motorcycle, as well as any other personal property that was damaged in the accident.
• Other Expenses: You may also be able to recover other expenses, such as rental car costs, transportation expenses to medical appointments, and the cost of hiring someone to help with household chores.

We had a case study involving a client who was hit by a distracted driver on Victory Drive. Initially, the insurance company only offered to pay for the motorcycle repairs, totaling $8,000. However, our client suffered a fractured leg and required extensive physical therapy. We presented evidence of his medical bills, lost wages (he missed 3 months of work), and pain and suffering. Ultimately, we secured a settlement of $150,000 for him. The key was meticulous documentation and a willingness to fight for his rights. Knowing your rights after a crash is crucial.

Don’t let these myths prevent you from seeking the compensation you deserve after a motorcycle accident in Savannah, Georgia.

The most important thing you can do after a motorcycle accident is to protect your rights. Don’t delay seeking legal advice – even a brief consultation can help you understand your options and avoid costly mistakes.