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Frederick J. Brynn, P.C.

Personal Injury Lawyer

A motorcycle crash can be much more severe than a car accident. With so much exposure to the open air, even a seemingly minor collision could result in dire injuries for the cyclist, as he could easily fall off the bike and end up on the road.

If you were injured during a collision with a motor vehicle, you will probably want to seek compensation for any bills that resulted from the crash. If the driver of the vehicle was at-fault for the accident, you could easily be eligible to receive compensatory damages that would cover the extent of your bills, as well as any lost wages from time spent recovering from injuries.

However, the liability can become trickier to prove if you elected not to wear a helmet on the day of the crash.

Who Is at Fault?

Just like any standard auto accident claim, the insurance company of the at-fault driver should pay for the aftermath of the accident. This means that the at-fault driver will be held liable for the accident, even if you were not wearing a helmet when the collision occurred. Simply put, the at-fault driver did not hit the motorcycle strictly because you were not wearing a helmet. The collision would have occurred no matter what was worn on your head. This is imperative to know as many insurance companies will try and argue that the lack of helmet removes their liability for damages.

How Can I Argue with the Insurance Company?

Most insurance companies are quite miserly, attempting everything in their power to avoid paying any damages for the injured party. Even if they cannot prove fault, they will still try to minimize the payout after the accident. If you were not wearing a helmet when the accident occured, the insurance company will probably argue that the injuries sustained were more severe than they would have been if a helmet was worn.

Will This Affect the Damages I Receive? 

If you were truly not at-fault for the accident, the other driver’s insurance company will have to give you some compensation for the damages sustained to you and your motorcycle. However, the amount you recieve will likely be less than what you would have gotten if you elected to wear your helmet.

If you’re not happy with the insurance company’s settlement, you are free to send back a counteroffer. You can even enlist the help of a motorcycle accident lawyer, like a motorcycle accident lawyer in Charlottesville, VA, and take the insurance company to court if you believe you were treated unfairly.


Thanks to MartinWren, P.C. for their insight into receiving compensation after a motorcycle accident in which you were not wearing a helmet. 

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