While Massachusetts is a no-fault insurance state and requires personal injury protection (PIP) coverage for automobile drivers, it doesn’t require insurance companies to provide PIP to motorcyclists. This means you’re limited to filing a claim with the at-fault motorist’s insurance company and can’t file a PIP claim with your insurer for your injuries.
What you might expect to recover in a motorcycle accident settlement will depend on the at-fault driver’s policy limits. If they only have the minimum required liability protection and few to no assets, your settlement will be limited to that, regardless of the extent of your losses. This is why it’s important to work with an attorney who can fully investigate your claim, identifying all potential sources of recovery to help maximize your compensation.
Under Massachusetts General Law Chapter 231, § 85, Massachusetts follows a modified comparative fault rule. This rule applies when each party in an accident shares a percentage of fault for its cause. If you were partially at fault, the comparative fault rule will be at issue. You’ll only be able to recover damages if you were less than 51 percent at fault. Your damages will also be reduced by your percentage of fault.
For example, if you are determined to be 40 percent at fault for your motorcycle crash, your damages will be reduced by 40 percent. While a jury typically makes this determination, insurance companies take the likely result into account when extending settlement offers.
Even if you weren’t at fault, the insurance company will try to place at least a portion of the blame on you to reduce how much they might have to pay out on your claim. Your attorney, understanding these tactics, will thoroughly investigate your case to prove that the other driver caused the accident and your injuries.
Your motorcycle accident settlement will be highly influenced by the severity of your injuries. For example, if you suffered permanent spinal cord or brain injuries, you’ll likely recover more than if you suffered lacerations or broken bones that you can recover from. Injuries that are serious, life-threatening, and result in permanent disabilities will typically justify a higher settlement amount than recoverable injuries.
Juries often perceive motorcyclists as risk-takers, which can lead to lower verdict awards or even rulings in favor of the defendants. Insurance companies understand this bias and often make low-ball offers to motorcycle crash victims. Gathering evidence and building a strong case that clearly shows the driver’s responsibility for the crash and your injuries can help to combat this insurance company tactic.
In addition to your medical bills and ongoing treatment costs, your other financial losses affect your settlement amount. For example, if your injuries prevent you from returning to work, your reduced earnings capacity and lost income will factor into the settlement offer. Other direct financial losses include damage to your bike, the cost of in-home care, and any modifications you need to make to your house if you suffer a physical disability because of your injuries.
Finally, your non-economic losses also affect the value of your claim. These are losses that are more intangible and difficult to value and include things like your physical pain and suffering, psychological trauma, scarring and disfigurement, disability, and others. Insurance companies and attorneys typically use a multiplier to calculate the value of your non-economic losses and multiply your total monetary losses by it to arrive at a fair total. The multiplier chosen by the insurance company will likely be lower than what your attorney uses, so your attorney will negotiate to secure a favorable amount.
Every motorcycle accident case is unique, so it’s hard to determine what you might expect from your motorcycle accident settlement. Our attorneys can review the evidence and circumstances of your case to help you understand what a fair offer might look like for you. Contact Ellis & Associates today for a free consultation at by calling 800-MR-ELLIS or sending us a message online.
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