Visitor Question

Hit waiting on a motorcycle at light…

Submitted By: Tarek (Durham, North Carolina)

I was hit by an elderly gentleman driving a company car. I was sitting at a red light on my motorcycle when I was hit from behind and thrown into the air. I lost consciousness for a few seconds or minutes.

I’m still making payments on my bike and it had to be towed due to being inoperable. I declined to be transported by EMS but I went to the ER soon afterwards due to increasing pain in my lower back and left leg.

My question is, what am I facing with this? Am I going to get compensated? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tarek,

Based on the facts presented there can be no argument over liability. Clearly you were struck from behind. In almost all rear-end collisions, the driver behind is at-fault.

We will presume the police and possibly paramedics were dispatched to the accident scene. If so, the responding officers would have created a police accident report. Be sure to obtain a copy of the report from the police department. There may be a nominal charge for a copy.

You have a right to be compensated for your “Damages.” In car accidents, damages can include cost of repair or replacement of damaged property; medical, dental, chiropractic, and therapy bills; out-of-pocket costs for such items as medications, wheelchairs, bandages, nursing care, etc.; lost wages, if applicable; and an amount for pain and suffering.

The State of North Carolina requires drivers to carry the following minimum amounts of insurance coverage:

  • $30,000.00 dollars for injuries to one person in one accident
  • $60,000.00 dollars for injuries to two or more persons in one accident
  • $25,000.00 dollars for property damage

Contact the at-fault driver’s insurance company and file a claim. When you speak with the claims adjuster assigned to your claim, make clear you are not ready to settle the injury portion of the claim until you know the full extent of your injuries, the required treatment, its approximate costs, and the remaining amount of your damages.

However, you don’t have to wait to deal with the issue of motorcycle repairs. In many cases, insurance companies have two claims adjusters, one assigned to the property damage aspect of an accident, and another assigned to the injury aspect.

Be sure you have at least three estimates to present to the claims adjuster for the repairs to your motorcycle. While doing so is not a legal requirement, by obtaining these estimates you will have a stronger position when negotiating the amount of compensation for the repairs.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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