Motorcycle accidents are becoming more common every day, especially when motorcyclists often see vehicles invade the road they are traveling on, intercepting their path. There are times when there is a collision, but at other times the rider maneuvers to avoid it and loses control of the motorcycle . In both cases, these motorcycle accidents generate injuries, usually more serious than in collisions between vehicles, because motorists are exposed and receive the impact directly on the body.
Motorcycle accident claim
In this type of accident, and provided that the motorist was not at fault, an accident claim can be made, both for material and personal damages . It is important for the victim to make sure that there is a record of how the accident occurred, either by calling the Police or Civil Guard to raise the Attestation, either by signing a friendly part with the opposing driver, or by having witnesses who can ratify the claim. accident dynamics.
Third party insurance
Motorists usually have third-party insurance , which means that until the opponent acknowledges fault, they will not fix the material damage of the motorcycle. If the amount of the repair of the motorcycle is more than the market or market value of the motorcycle, they will declare it a loss. In that case, the opponent will only pay the market value increased by 30-40% of the value of the condition (amount that must be claimed, since in many cases the victim is unaware of it and does not claim for this concept).
Another option, if the rider does not want to lose the motorcycle, is to lower the price of the repair with second-hand parts, in such a way that the repair does not exceed the market value of the motorcycle.
Damages in the claim
As for personal injuries, they will vary depending on the type of accident and the injuries suffered. The most common are usually cervical and lumbar injuries, knees, elbow, and shoulder. The amount or economic valuation of the same will depend on the severity of the injury, the treatment received, the medical tests that have been carried out and the consequences that remain after said treatment.
Examples of claims
Some injuries, which initially do not seem so serious, become complicated over time by evolution. Thus, Joaquín AJ, 39, suffered a collision and suffered a fracture of the middle third of the left clavicle when he fell. The fracture did not evolve adequately because it did not heal well, which caused functional impotence and pain in shoulder traction. The fracture also caused a fibrous callus due to poor union. He was out of work for 223 days, leaving him functional and aesthetic consequences. An agreement was reached with the opposing insurance company before going to trial and the injured received 18,600 euros in compensation for the motorcycle accident .
Manuel PL, 48, suffered a motorcycle accident on the Burgos highway, and when he fell he suffered polyconusions and a fracture at the base of the first metatarsal and a fracture of the proximal phalanx of the second toe of the left foot. He was off work for 91 days, and being an in itinere accident he was treated at his Labor Mutual. He had orthopedic and rehabilitative treatment, and was discharged with sequelae. Manuel had to stop practicing sports and at the time of discharge the pain in the plantar fascia persisted. After filing a complaint, he was recognized by the forensic doctor, who issued a health report in which he stated that Manuel had been handicapped for 91 days, and had a sequel consisting of non-specific heel pain / metatarsalgia, valued at 1 point. In addition to the above, Manuel claimed the value of the repair of his motorcycle,Finally, before going to trial, the opposing insurer paid 2,200 euros for the repair, and 6,100 euros for the injuries .
Therefore, the motorcycle accident claim will depend on multiple factors, and the evolution of the injured, in addition to the treatment that has to be carried out. It is always advisable to consult a lawyer who specializes in traffic accidents, since many times the drivers of vehicles involved in an accident with a motorcycle deny fault and try to blame the responsibility for the accident on the motorist. For this reason, it is important to have the help of expert lawyers in these types of claims.