Following a motorcycle accident in Ohio, you can file a motorcycle accident claim for damages. You can file a claim with your own insurance company or the other driver’s insurance company because Ohio is a “fault” car insurance state. And yes, passengers on your motorcycle are covered by your insurance. The following reviews the types of compensation available after a motorcycle accident, and which types you should seek.
One of your greatest expenses following a motorcycle accident may just be your medical bills. As such, seeking compensation for medical bills—both present and future—related to the injury is a must.
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If you’ve had to miss work because of injuries related to your motorcycle accident, then you may be eligible to recover compensation for lost wages. Lost wages are usually calculated using a daily rate formula (your average daily earnings multiplied by the number of days you miss work).
If your bike was damaged during your motorcycle accident, then you are entitled to property damage compensation for the cost of repairing or replacing the bike. If your bike is damaged beyond repair, or if the cost to repair your bike is more than your bike is worth, then your motorcycle is considered to be totaled. As such, you’ll be eligible to receive the actual cost value of your bike prior to the wreck.
General damages are also known as damages for pain and suffering. General damages cover things with no listed value, like pain and suffering. Usually, damages for pain and suffering are only payable if injuries are severe.
A severe injury is “one that causes permanent impairment or disfigurement.” However, you may be able to recover damages for pain and suffering even if your injuries do not meet this threshold.
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Filing a Claim for Damages
The first step to filing a claim for damages is to review your policy. If the accident was your fault, then you’ll need to file a claim with your insurance carrier. If the crash was the fault of the other driver, then his or her insurance company will handle paying for damages. As a note, it is a requirement that all drivers and motorcyclists carry auto insurance in Ohio.
In the event that your damages are so severe that an insurance coverage amount is not enough, or if the other driver does not carry insurance, you have the option to file a personal injury lawsuit. The statute for filing a personal injury suit in Ohio is two years under Ohio Code 2305.10.
Speak with an Attorney Before Taking Action Today
Before you accept a settlement amount or begin negotiations with an insurance company, make sure you contact the attorneys at Bressman Law. Our attorneys can guide you through everything you need to know about the types of compensation to seek in a motorcycle accident claim. Call us today at (614) 538-1116.