Motorcycle Accident/FAQ

1. How much is my motorcycle accident worth?

No two cases are the same. Until a North Carolina motorcycle accident attorney from Henson Fuerst has the opportunity to review the facts of your case, we can’t determine the anticipated worth of your case. The unique circumstances of your case will dictate how much your motorcycle accident case is worth.

2. How long do I have to file a motorcycle accident case?

The amount of time you have to file a claim is called the statute of limitations. You must either settle or file a lawsuit for your motorcycle accident within the statute of limitations or you may no longer make a legal claim for your injury.

For most personal injury negligence cases, such as a motorcycle wreck, the statute of limitations in North Carolina is generally three years from the date of the wreck. For cases involving wrongful death, the statute of limitations in North Carolina is two years from the date of death.

There are a number of exceptions to these rules, however, and it is very important to talk with an attorney about your case so the proper statute of limitations can be calculated.

3. My bike is a total loss. Can I keep it?

In most cases, when the at-fault party’s insurance company declares your motorcycle a total loss, they will offer you the market value of your motorcycle at the time of the wreck. In exchange, they take possession of your motorcycle and will sell it for scrap salvage value.

If you have the ability to repair your own motorcycle, you may have another option to consider. Instead of giving the insurance company possession of your motorcycle, you may consider keeping the totaled motorcycle. In this case, the insurance company will pay you the difference between the market value of the bike at the time of the wreck and the scrap value they could have sold the motorcycle for.

4. What is the difference between economic and non-economic damages?

Economic damages are damages that can be proven as specific financial losses, such as out-of-pocket expenses, lost wages, and past and future medical bills.

Non-economic damages are damages that can’t be proven as specific financial losses, such as a permanent disability, physical pain, or mental suffering. These damages may include compensation for disfigurement, scars, or other injuries.

5. What should I do after I settle my case?

Once you reach a settlement, there is still work to be done to conclude your case. Any outstanding debts related to your motorcycle accident must be paid from your settlement amount. Depending on the nature of your health insurance coverage and your injuries, you may owe money to:

  • doctors,
  • hospitals,
  • therapists and other specialists,
  • health insurance companies,
  • Medicare,
  • Medicaid,
  • Tricare (CHAMPUS),
  • and others.

These parties may have a legal interest in your case and may have a right to recoup some or all of the money from your settlement.