Legal Question in Personal Injury in California
Non-Injury Motorcycle Accident
While riding my motorcycle on a city street, I was rearended by a car traveling between 60-70 mph in a 40 mph zone and the driver was talking on a cell phone. I am sore, but ok. My Honda Gold Wing is totaled. The driver's insurance company only wants to pay low blue book on my bike, which will not be enough to replace it. Insurance is offering $3,000.00 because the bike is a 1989. It will cost me over $8,000.00 to find something compatible. A brand new bike will cost me $20,000.00 Can I sue her for negligence and speeding?
3 Answers from Attorneys
Re: Non-Injury Motorcycle Accident
It is not likely you will get a new bike. You will bet a reasonable settlement based on the value of your bike, based on comps. Find a comp and demand equal. Low blue book might not be enough, however, if you sue, you will only likely get damages for losses based on value of your bike/reasonable value and loss of income, if any and pain and suffering. Pain and suffering is typically based on a multiple of your medical bills. Any action you take would be based on negligence of the driver of the other vehicle, that will bring in their insurance carrier for defense. Not likely worth your while to sue if medical bills not high, but if not getting what you believe is correct, see an attorney. Most will not charge for initial consultation.
Re: Non-Injury Motorcycle Accident
First off, I am a biker and a lawyer. You can visit my website at www.bikelawyer.net
There are 2 parts to your case, property damage, and bodily injury. You say that you are sore, but you never know. I have had guys taken out by cagers who started having shooting pains 6 months later. It is always best to get checked out by competent doctors right away. Hopefully you did not tell the insurance company that you are ok, because they will use that against you.
As far as the property damage, you are entitled to the fair market value of your motorcycle only, not the replacement cost. They go by blue book and comparable advertised bikes in your area.
Why don't you give me a call at 8 1 8 - 7 3 9 - 1 5 4 4 to discuss this case. We are upgrading our phone system today, so leave me a detailed message and I will call you back.
Re: Non-Injury Motorcycle Accident
You, along with everyone else involved in collisions, will seldom be able to recover actual value of your property damage without great effort and expertize. However, if handled correctely, your personal injury claims and property damage together should get you where you want to go. You may have to sue to succeed in this. Contact me if interested in getting experienced counsel [also a longtime rider] to handle it correctly.
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