Protecting the Rights of Motorcycle Riders

If you have been injured in an accident, notify the police and seek immediate medical help.

• Make no statements to anyone other than the police.
• Do not admit fault or liability.
• Make sure to obtain the names, addresses, and phone numbers of all witnesses. You will be surprised how often the police fail to get this information after speaking to witnesses.
• If you have a camera or cellphone camera, take or have someone else take pictures of the scene including all vehicles involved and any visible evidence, such as tire marks, gouge marks in pavement, and debris.
• Photograph all visible injuries on a routine basis until they are healed.
• Keep a journal about your daily experiences while you recover, so we can paint a picture for the insurance company of what you endured during your recovery.
• Notify your insurance company about the accident, but do not give any written or recorded statements to any insurance company until you speak to one of our motorcycle lawyers, who are available 24 hours a day.

Call a motorcycle lawyer immediately to protect your rights. Iron Horse Law covers cases in South Carolina, North Carolina, and Georgia.

Insurance companies do not represent you and do not care about you. They represent shareholders, and their job is to make a profit by collecting premiums and paying out as little as possible. Even though you pay them a monthly premium, your insurance company does not represent you. That is why they have claims adjusters and a host of investigators and lawyers on staff. The role of each of these people is to ensure that the insurance company does not pay one penny more than is necessary — and far less if they can get away with it. They are already working against you.

Our motorcycle lawyers can do several things for accident victims:

• The insurance company will try to settle your case for the lowest possible amount. Our experienced motorcycle lawyers understand the true value of your injury claim and can advise you on whether to settle or whether to fight for all the compensation you deserve.
• The insurance company will try to settle your case early, before all of your expenses are known. An experienced motorcycle lawyer understands that serious injuries can have consequences long after the initial accident. A lawyer who works for you and you alone will advise you not to settle too soon. Settling a case with insurance companies can be tricky and you need a motorcycle attorney to make sure the correct paperwork is signed so that you do not give up money you may be entitled to. We have been involved in numerous cases where the insurance company had an unrepresented client sign the wrong paperwork and give up the right to claim other money available to them on their own insurance policies. We are convinced that in some of these cases the insurance adjuster knew they were having the unrepresented injured rider give up their rights to money. We are even convinced there may have been some collusion between the insurance companies to save money for the second company. Call us today so we can protect you and your family.
• The insurance company has its own lawyers working to limit your financial recovery and even to find loopholes so they do not need to pay you at all. Our motorcycle lawyers ride and we are your legal advocate dedicated to protecting your interests. Having your own lawyer levels the playing field between you and the insurance company.
• Motorcycle wrecks can pose unique challenges. Our lawyers ride, understand how motorcycles operate, and are ready to respond when the adjuster tries to blame the rider. Having a lawyer who rides on your side can make a difference in your case and can help you protect your rights and your family. We are also familiar with relevant laws in South Carolina, North Carolina, Georgia, Tennessee, and other southeastern states.

Call one of our motorcycle lawyers today for a free consultation about your case. We are available 24 hours a day.

Just like a car, motorcycles depreciate when you ride them off the lot. The initial depreciation can be ten to fifteen percent. If you have been in a wreck and your motorcycle is a total loss, the insurance company owes you the fair market value of the motorcycle at the time of the wreck. They do not owe you what you owe on the motorcycle. To complicate things further, no two motorcycles are exactly alike due to customization and accessories, and determining a value for your motorcycle can be difficult.

There are some steps you can take before a wreck occurs to protect yourself from being in a situation where you owe more on your motorcycle than it is worth. First, when you finance the motorcycle at the dealership or the bank, ask for Gap Insurance. Gap Insurance pays the difference between the value of the motorcycle and what is owed to the lender. For example, if you are in a wreck and your motorcycle is worth $18,000 and you owe $21,000, the Gap Insurance will pay the difference to the lender to pay off the motorcycle. Second, when you insure your motorcycle, purchase collision coverage and ask for a stated value or scheduled value policy. This is a policy where you and the insurance company agree on the value of the bike and that is the amount your insurance company will pay if the bike is a total loss. Make sure to meet with your agent and advise them of any significant changes or modifications to the bike that would increase its value and agree upon a new value. Document your motorcycle’s condition and any custom work with photographs and keep all of your receipts.

Classic, Collector and Show Bikes can be very difficult to value. We strongly encourage you to buy a collision policy with the stated or scheduled value coverage as discussed above. It is crucial that you document the condition and customization of these bikes with pictures and receipts. Many of the classic and collector car insurance companies will insure your bike with a stated or scheduled value policy.

Personal property such as riding gear, leathers, helmets, cell phones, and GPS devices are often damaged in a wreck. The insurance company should pay you for these damaged articles as well. Keep receipts for these items in your motorcycle folder with your other receipts and paperwork.

If we handle your case involving personal injury, we will represent you for free on the motorcycle damage claim and fight to maximize the amount the insurance company pays for your motorcycle. If you were not injured, we will give you free advice and ammunition to use with the insurance company when you negotiate the property damage settlement. Read our rider safety tips for more information on insurance and protecting your property, then contact us if you have any questions.

Just like motorcycles, no two cases are the same. There are various factors that determine each case’s ultimate value.

Those factors include:

• Nature and severity of injuries
• Amount of medical bills
• Amount of lost wages
• Recovery time
• Permanent injury, impairment, scarring or disfigurement
• Aggravating factors such as reckless or drunk driving
• Amount of insurance coverage available to pay the claim
• Contribution of the rider to the accident

Without knowing the details of your case and obtaining the final amounts of medical bills, lost wages, and the amount of coverage available, we can’t give you the value of your case. The biggest factor in motorcycle cases is the amount of insurance available to pay the claim, because injuries in motorcycle wrecks are generally more severe than in car wrecks. Our rider safety tips include insurance tips such as increasing the amount of insurance available BEFORE you are involved in a wreck. For more information, contact our motorcycle lawyers today for a free case review.

It has been our experience that the average case takes approximately eight months to settle. Some cases settle very quickly within weeks, while others may take several years because we have to file a lawsuit and get the courts involved. Each case is different and the length of time it takes to settle a case depends on those factors discussed above in the valuing of a case. It has been our experience that having an experienced motorcycle accident attorney involved early in the case speeds up the process, but we won’t let you settle too early. We will ensure that all of the information relevant to your case is properly evaluated and submitted to the insurance company. Contact us today to discuss your case in detail.