Steven A. Bagen | April 1, 2025 | Motorcycle accident
If the cost of repairs exceeds the actual cash value (ACV) of a motorcycle, the insurance company may decide to total the motorcycle. In fact, if the cost of repairs rises above 70 percent to 80 percent of the ACV, the insurance company will likely deem the bike totaled.
When an insurance company totals your motorcycle, the insurer generally compensates you for the value of the totaled bike. However, you might not agree with the insurance company about the amount of money you should receive (or other aspects of the claim). A Gainesville motorcycle accident lawyer will deal with the insurance company for you, demanding a fair financial outcome based on your unique circumstances.
How the Insurance Company May Determine the Actual Cash Value of Your Motorcycle
An insurance company may have its preferred method of determining a totaled motorcycle’s actual cash value, and that process may involve:
- Consulting authoritative pricing guides like Kelley Blue Book
- Considering the motorcycle’s make, model, and year of manufacture
- Weighing how much mileage the bike had accumulated
- How the motorcycle was used
- Determining whether the motorcycle had been previously involved in any accidents
Like most motorized vehicles, motorcycles tend to depreciate in value. However, strong demand for a specific type of motorcycle, low mileage, excellent care for the bike, and other factors can help a motorcycle retain strong value or even appreciate in value.
Each motorcycle has its unique financial value. An experienced attorney will know how to accurately calculate your totaled motorcycle’s actual cash value.
You Should Assume That the Insurance Company Will Undervalue the Totaled Motorcycle
There are countless cases in which insurance companies accurately calculate the value of totaled motorcycles. There are also many cases of insurance companies intentionally undervaluing a totaled bike’s cash value.
As a claimant seeking fair compensation after a motorcycle accident, you should be aware that:
- Bad faith by insurers is a common concern for those who file claims.
- If an insurance company undervalues your bike’s value, and you don’t dispute the valuation, your settlement will not be as large as it should be.
- Two parties, such as an insurance company and a motorcycle accident attorney, can value a totaled motorcycle differently.
You should never assume that an insurance company will calculate the actual cash value of your motorcycle accurately. Instead, have your own attorney calculate the ACV.
You can be sure your motorcycle accident lawyer will have your best interests at heart, and their calculation will be trustworthy. You cannot say the same about insurance companies.
You Might Disagree with the Insurance Company’s Valuation of Your Totaled Bike
If your lawyer does not believe the insurance company’s valuation of your totaled bike is accurate, they will be prepared to:
- File an appeal with the liable insurance company
- Rely on experts in the automotive industry to explain what an accurate actual cash value is
- Present their proposed calculation to the insurance company
If the insurance company does not alter its valuation, your attorney will explain your options for pursuing the compensation you deserve. Legal action may be a viable strategy.
Will the Insurance Company Cover the Cost of Replacing a Totaled Motorcycle?
Your insurance status and the determination of fault for the accident may affect the amount of compensation you receive from the liable insurance company. Some types of insurance coverage that may apply to your accident—and the cost of replacing your totaled motorcycle—are:
Collision Coverage
Collision coverage is not always mandatory and is optional in Florida. However, many riders elect to purchase collision coverage, which may pay for:
- Repair of a motorcycle
- The actual cash value of a totaled motorcycle
Even if you are at fault for an accident, your collision insurance should cover the cost of bike repair or replacement.
Comprehensive Coverage
A motorcycle is not always totaled in an accident with another vehicle. Comprehensive insurance coverage may cover the cost of a motorcycle that is totaled when:
- The rider hits an animal
- The bike is stolen
- A weather event (or other hazard) damages the bike
- Other circumstances other than a traffic accident leads to the bike being totaled
Your motorcycle accident lawyer will read your policy and determine if you have applicable comprehensive coverage.
Uninsured/Underinsured (UM/UIM) Coverage
Florida has more than its share of uninsured motorists. If your motorcycle accident involved an uninsured driver, your UM/UIM coverage may compensate you for damage to your bike.
A Third Party’s Property Damage Liability Coverage
If a motor vehicle driver caused your accident, their insurance provider may be responsible for the cost of your totaled motorcycle. Your attorney may negotiate with that third-party provider to secure all the compensation you are entitled to.
Can I Keep My Bike Even If the Insurance Company Deems It Totaled?
If you want to keep your totaled motorcycle, you may:
- Inform the liable insurance company that you want to keep the bike
- Determine the salvage value of the totaled bike, which the insurance company may deduct from your payout
- Complete the necessary steps to obtain the salvage title and re-acquire the totaled bike
Some choose to allow the liable insurance company to dispose of the totaled bike. You and your attorney can discuss the next steps, regardless of what you ultimately elect to do (or not do) with the totaled motorcycle.
Reasons to Hire an Attorney After Any Motorcycle Crash (and Especially a Serious One)
Accept help after your accident. Riders are tough as nails, but this is no time to be proud. You may be entitled to substantial compensation, but you may not receive that compensation unless you fight for it.
An attorney will be your advocate, and you should not wait to retain your motorcycle accident lawyer because:
There Are No Financial Obstacles to Hiring a Lawyer Today
There is no barrier to hiring a lawyer because of contingency fees. This is the fee type that most motorcycle accident attorneys use, and it means:
- Your law firm will not require you to pay any upfront compensation
- Your lawyer won’t charge by the hour or by other milestones
- Your attorney will receive a percentage of any settlement they negotiate or judgment they secure
- Your lawyer will have to succeed to receive a fee
You and your lawyer’s financial motivations will be the same. They will benefit from securing all the compensation you deserve, and you will obviously benefit from the same outcome.
Motorcycle Riders Are Likely to Have Serious Injuries
Think about how exposed a rider truly is. They don’t have seatbelts, airbags, or a metal enclosure around them. When an accident happens, the risk of a rider suffering a severe injury is astronomical.
Serious injuries can:
- Leave a rider hospitalized for days, weeks, months or even years
- Cause chronic pain
- Limit what the rider can do and accomplish physically
- Be disfiguring
- Require the rider to undergo physical therapy and other forms of rehabilitation
Physical ailments might also require you to rest for long periods.
If the Physical Injuries Don’t Overwhelm You, Psychological Trauma May
A rider’s psychological and emotional trauma can be just as burdensome as their physical injuries. Even if you felt physically capable of handling your insurance claim, you might not be up to it cognitively, psychologically, or emotionally.
Insurance companies and other liable parties may force your attorney to fight. While you may be a fighter by nature, the time after an accident should be reserved for rest and recovery.
You Need a Line of Defense Between You and Insurance Companies
You should have a healthy concern for insurance companies. Representatives that handle your motorcycle accident claim may be:
- Experienced
- Savvy
- Subtle in their attempts to undermine your claim
- Intent on convincing you to accept a lowball settlement offer
Saying even a single word the wrong way can negatively affect a motorcycle accident claim. Having an attorney represent you with insurance companies is a priceless benefit.
Your Lawyer Will Be Operating in Familiar Territory
Despite the common misconception that riders are speed demons, this may be your first collision. Even if you’ve been in an accident before, this situation may be unfamiliar, uncomfortable, and a bit daunting.
Allow an attorney to share their experience with you. They understand what motorcycle accident claims require. They will have priceless advice to share. Experience is always beneficial, so don’t hesitate to find your attorney.
A Motorcycle Accident Lawyer Will Determine Who Is Liable for Your Damages
Your lawyer will determine who should pay for your totaled motorcycle and other accident-related damages. They do this by first determining who caused the collision. Some of the potentially liable parties are:
- A motor vehicle driver: Despite a relatively high volume of riders on the state’s roads, motor vehicle drivers routinely fail to spot motorcycle riders. Drivers also speed, text, drive, run red lights, enter oncoming traffic without the room to do so, and engage in other carelessness that puts riders at risk.
- A municipality that allowed dangerous road conditions: Because they are on two wheels, riders are particularly vulnerable to potholes, cracks in the surface, and other blemishes in the roadway. You are also more vulnerable when defective traffic lights, poor lighting, dangerous work zones, and other hazardous road conditions lead to accidents.
- A motor vehicle manufacturer: If your lawyer finds that a defect in a motor vehicle contributed to the collision, the manufacturer may be responsible for your totaled motorcycle and other damages.
- A motorcycle manufacturer: If a defect in your motorcycle contributed to the collision, the negligent manufacturer may have to pay the cost of your accident-related damages.
- A pedestrian: Pedestrians can cause accidents. Riders cannot stop at short notice or swerve without facing a serious accident risk. Therefore, if a pedestrian enters the roadway and causes a collision, they might be responsible for a rider’s significant injuries, a totaled motorcycle, and other damages.
Your lawyer will know what to look for when investigating your collision. They will tie the available evidence to the liable parties, and then they will fight for fair compensation from those liable parties.
Your Motorcycle Accident Lawyer Demand Compensation for Your Totaled Motorcycle and All Other Accident-Related Damages
Your totaled motorcycle will likely be just one of many damages you suffer because of the collision. Your other damages may include:
Pain and Suffering
Motorcyclists get the thrill of riding in the open air but feel far greater pain when an accident happens. Some types of pain and suffering you might face are:
- Acute physical pain
- Chronic physical pain
- Scarring
- Amputation injuries
- Emotional anguish
- Psychological distress
- Lost quality of life
Lawyers can use the per-diem or multiplier method to assign a dollar value to your pain and suffering. Your lawyer will do just that.
Temporary Transportation
If your motorcycle is your primary mode of transportation, your attorney will seek compensation for any temporary transportation you require.
Lost Income
Most riders are also employees and business owners. It means that when a rider suffers an injury in a traffic accident, they may:
- Lose their regular income
- Lose earning power because they have to change professional roles or reduce their hours
- Be permanently unable to work
- Lost bonus opportunities
- Lost potential promotions
- Lose employer-provided benefits
If you suffer any other professional harm due to the accident, your lawyer will value and include those damages in your case.
Medical Costs
Each of your accident-related medical bills will be included in your lawyer’s case.
Motorcycle riders are more likely to die in an accident than motor vehicle drivers and passengers. If you have lost a loved one, please accept a lawyer’s condolences and their offer to seek justice for you.
Hire Your Motorcycle Accident Before Accepting a Settlement for a Totaled Bike, and Hire Them Today.
Riding a motorcycle requires more skill and strength than operating a car, SUV, or pickup truck. It indicates that, left to their own devices, most riders would safely get from place to place. When drivers are distracted or careless or road conditions are dangerous, serious motorcycle collisions happen.
You should accept nothing less than your total financial recovery. Start toward this goal by hiring a lawyer today.