GA Motorcycle Accident? Don’t Lose Your Rights!

The aftermath of a motorcycle accident in Savannah, Georgia, can be overwhelming, and sorting through the noise to understand your rights is critical. Are you sure you know what to expect when filing a claim, or are you operating under common misconceptions that could jeopardize your compensation?

Myth #1: If I was partially at fault, I can’t recover any damages.

This is simply not true. Georgia follows a modified comparative negligence rule, as outlined in O.C.G.A. Section 51-12-33. What does this mean? Even if you were partially at fault for the motorcycle accident, you can still recover damages, as long as your percentage of fault is less than 50%. To understand this better, you might want to read about fault and recovery in GA.

Here’s how it works: let’s say you were speeding slightly on Victory Drive, but the other driver ran a red light at the intersection of Waters Avenue and caused the collision. A jury might find you 20% at fault for speeding and the other driver 80% at fault for running the red light. If your total damages are $100,000, you would be able to recover $80,000. However, if you were found to be 50% or more at fault, you would be barred from recovering any damages.

I had a client last year who mistakenly believed he was completely out of luck because he admitted to changing lanes without signaling. We investigated and found the other driver was texting and driving and clearly at fault. We were able to secure a significant settlement for him, even with his initial admission.

Myth #2: I have plenty of time to file a claim.

Wrong. In Georgia, the statute of limitations for personal injury cases, including motorcycle accident claims, is two years from the date of the accident. This is defined in O.C.G.A. § 9-3-33. While two years might seem like a long time, it can quickly pass. Gathering evidence, negotiating with insurance companies, and preparing a strong case takes time.

What’s more, evidence can disappear. Witnesses move or forget details. Police reports can get misplaced (it happens, trust me). The sooner you start the process, the better. Waiting until the last minute puts you at a significant disadvantage. For more on this, see what to do in the first 15 minutes after a crash.

Myth #3: The insurance company is on my side.

Here’s what nobody tells you: the insurance company is not your friend, no matter how friendly the adjuster seems. Their primary goal is to minimize their payout, which means paying you as little as possible. They are a business, after all.

The insurance adjuster might ask you for a recorded statement. They might pressure you to settle quickly. They might even try to downplay the severity of your injuries. Never give a recorded statement without consulting with an attorney first. An experienced Savannah motorcycle accident lawyer will protect your rights and ensure that you receive fair compensation.

Myth #4: I don’t need a lawyer; I can handle the claim myself.

You can handle the claim yourself, but should you? Representing yourself against a seasoned insurance company is like bringing a knife to a gunfight. Insurance companies have teams of lawyers and adjusters who are experts at minimizing payouts. They know the law, they know the tactics, and they know how to take advantage of unrepresented claimants.

Consider this: A study by the Insurance Research Council found that individuals who hire an attorney receive, on average, 3.5 times more in settlement money than those who represent themselves. That’s a significant difference.

We had a case a few years ago where the client tried to negotiate with the insurance company on his own after a motorcycle accident on Abercorn Street. The insurance company offered him $5,000, claiming his injuries weren’t serious. After we got involved, we were able to obtain a settlement of $150,000, covering his medical expenses, lost wages, and pain and suffering. Many people wonder, what’s my case worth?

Myth #5: My motorcycle insurance covers everything.

While your motorcycle insurance policy provides coverage, it might not be enough to cover all your damages, especially in a serious accident. Georgia law requires motorcyclists to carry minimum insurance coverage, but these minimums are often insufficient to cover the full extent of injuries and property damage in a significant accident.

Moreover, your own insurance policy might not cover all the damages you are entitled to. For example, if you were hit by an uninsured driver, your uninsured motorist coverage would kick in. But what if your damages exceed your policy limits? In that case, you would need to explore other options, such as pursuing a claim against the other driver personally or seeking underinsured motorist coverage. You may even need to avoid sabotaging your claim.

I had a client who was severely injured in a motorcycle accident caused by a drunk driver. His medical bills alone exceeded $200,000. While his motorcycle insurance provided some coverage, it was nowhere near enough to cover all his expenses. We were able to pursue a claim against the drunk driver’s insurance policy and ultimately recovered a substantial settlement that compensated him for his medical expenses, lost wages, and pain and suffering.

Don’t let misinformation derail your motorcycle accident claim in Savannah, Georgia. Arm yourself with the facts, and remember that seeking legal counsel from an experienced attorney can be the smartest move you make. A consultation can clarify your options and protect your right to fair compensation.