Our client was riding his motorcycle to work when another driver turned left in front of him. He had to lay down his motorcycle to avoid crashing into the car. He suffered a lung contusion, road rash and bruising all over his body and an injury to his right knee. Our Athens motorcycle accident lawyers secured a $100,000 settlement, which was the full amount of the at-fault driver’s Allstate insurance policy. The settlement was more than twice our client’s medical bills.
Case Summary
Location: Athens-Clarke County, Georgia
Accident Type: Left-turn motorcycle accident
Injuries: Lung contusion, road rash and bruising, right knee injury
Result: $100,000 policy limits settlement recovered without filing suit
How the Motorcycle Accident Happened
Our client was riding his motorcycle west on Oconee Street in Athens-Clarke County, approaching the intersection with Old Winterville Road. He had the green light and the right of way. A driver traveling east on Oconee Street turned left onto Old Winterville Road directly in front of our client. Our client didn’t have time to brake to avoid the collision so he laid down his bike rather than crash into the car.
Police responded to the scene and investigated the collision. The investigation confirmed that our client had a green light and the right of way. The officer cited the other driver for violating O.C.G.A. § 40-6-71, which requires a driver turning left to yield to oncoming traffic.
Injuries Caused by the Crash
Our client was wearing a helmet, which likely prevented far more serious head trauma. He was transported by EMS to Piedmont Athens Regional, where emergency room physicians diagnosed him with:
- A contusion to the lung
- Bruising to the head and right eyelid
- Abrasions across his right knee, right thigh, chest, upper back, and lower abdomen
A CT scan showed a small area of lung bruising, and doctors monitored him closely before determining hospital admission wasn’t necessary. He was treated for his road rash and released with pain medication and instructions to watch for worsening symptoms.
In the weeks that followed, ongoing pain in his right knee led to an MRI, which revealed:
- Tendinitis and strain of the quadriceps tendon
- A joint effusion (fluid buildup) and a small Baker’s cyst
- Bursitis and tenosynovitis in and around the knee joint
While he was fortunate to avoid surgery, the soft tissue damage to his knee caused ongoing pain well beyond his initial road rash and bruising.
Settlement Demand and Resolution
Because the police report proved the other driver was at fault, our firm moved quickly. We requested our client’s medical records and bills. We prepared an O.C.G.A. § 9-11-67.1 settlement demand to Allstate demanding their full $100,000 policy limits within 30 days. Allstate accepted the demand and paid the full policy limits before the deadline — resolving our client’s case for more than double his medical bills, without the need to file a lawsuit.
Why This Motorcycle Accident Case Matters
This case is a good example of a few important principles for Georgia motorcycle accident victims:
- A clear police report matters. Because the responding officers documented that our client had the right of way, liability was never seriously in dispute.
- A policy limits settlement demand can resolve a case quickly. When liability is clear and the injuries and medical bills support it, a time-limited demand under O.C.G.A. § 9-11-67.1 can pressure an insurer to pay full policy limits without the delay and expense of litigation.
- A helmet can make the difference between road rash and a life-altering head injury. Georgia law requires helmets for a reason.
Frequently Asked Questions About Motorcycle Accident Settlements in Georgia
What is a “policy limits” settlement demand?
A policy limits settlement demand asks an insurance company to pay the full amount of its insured driver’s insurance coverage to settle a claim. Settlement demands in car accident cases before a lawsuit is filed must follow Georgia law O.C.G.A. § 9-11-67.1, which has specific legal requirements and gives the insurance company 30 days to accept. If the insurance company does not accept, they can be held responsible for the full amount of the jury’s verdict, even if it is more than their insurance policy limits. This puts pressure on insurance companies to accept the settlement demand.
Do I have to file a lawsuit to get a fair settlement after a motorcycle accident?
Not always. If the other driver is clearly at fault for the wreck and your injuries are clearly caused by the wreck, the insurance company may make a fair settlement offer without having to file a lawsuit. But if fault for the wreck or the cause of your injuries are in dispute, you may have to file a lawsuit and prepare the case for trial to get a fair settlement offer. If you have serious injuries and there is a significant amount of insurance available, insurance companies will fight your case harder and you will likely to have to file a lawsuit and prepare the case for trial to get a fair offer.
Does not wearing a helmet hurt my claim in Georgia?
Georgia law requires motorcyclists to wear a helmet. If a rider wasn’t wearing one, an insurance company may try to argue it contributed to the severity of certain injuries, which can reduce a claim’s value under Georgia’s comparative negligence rules. Wearing a helmet, as our client did, removes that argument entirely.
What if the at-fault driver only has minimum insurance coverage?
Georgia only requires drivers to carry $25,000 in liability coverage. If a motorcyclist’s injuries and medical bills exceed the at-fault driver’s policy limits, the rider’s own uninsured/underinsured motorist coverage may provide additional compensation.
Does my uninsured / underinsured motorist coverage apply to a motorcycle accident?
Yes. If the at-fault driver doesn’t have insurance or doesn’t have enough insurance to compensate you for your injuries, you can make a claim on your uninsured / underinsured motorist coverage for your motorcycle insurance policy and your car insurance policy, even though you weren’t in your car at the time of the wreck. Insurance policies often have deadlines to give them notice of a potential uninsured / underinsured motorist coverage claim so it’s important to do so quickly after an accident. If you don’t, you may lose your right to make a claim.
If you or a loved one has been injured in a motorcycle accident in Georgia, contact us today for a free case review.
