Reviewed by Larry Forman, Attorney.
Riders want to know what their motorcycle accident settlement could be worth. No honest lawyer can give you a number early on, and we don’t publish results or averages. Every claim depends on its facts. What we can tell you is what moves the value of a Kentucky motorcycle accident settlement up or down, so you know what to protect.
1. The injuries and their long-term effect
Riders have no steel cage around them, so injuries are often serious: fractures, road rash, brain injuries, spinal cord injuries and amputations. Future medical care, permanent limits and scarring weigh heavily. See motorcycle injuries.
2. Medical records that tell the whole story
Consistent treatment, specialist opinions and clear documentation of how the injury affects daily life all matter. Unexplained gaps may make causation or the extent of injury harder to document; explain access or medical reasons for any gap. See gaps in treatment.
3. Lost income and earning ability
Missed work now, and any reduced ability to work later. See lost wage claims.
4. Fault, and bias against riders
Insurers often assume the rider was speeding or weaving. Evidence beats bias: witness statements, video, scene measurements and reconstruction. Left-turn crashes are a classic example. See left-turn motorcycle accidents. Under pure comparative fault, a rider found partly at fault still recovers, reduced by that share (KRS 411.182).
5. Helmet use
Kentucky requires helmets only for some riders, so not wearing one isn’t automatically negligence. An insurer may still argue a helmet would have reduced a head injury. It usually has little to do with other injuries. See Kentucky motorcycle helmet law.
6. PIP and no-fault rejection
PIP is optional for motorcycles in Kentucky (KRS 304.39-040), so many riders have no PIP and rely on health insurance and the liability claim. Whether the rider or the other driver rejected the no-fault limits also affects how the claim works (KRS 304.39-060). See Kentucky motorcycle and bicycle laws.
7. Available insurance
Kentucky’s minimum liability coverage is $25,000 per person (KRS 304.39-110), which is often far less than a serious motorcycle injury. Your own uninsured and underinsured motorist coverage can make a big difference, as can other responsible parties, such as an employer or a road contractor. Car crash claims follow many of the same rules; see our Louisville car accident lawyer page.
8. Liens
Health insurers, Medicare and Medicaid may have to be repaid, which affects what you take home. See medical liens.
9. Willingness to go to trial
Insurers pay attention to which lawyers will try a case. Larry Forman has tried 50+ jury trials and won 95% of them.
Protect the value of your motorcycle accident settlement
- Get medical care right away and follow through.
- Keep your gear and helmet, and don’t repair the bike until it’s been photographed.
- Don’t give the other driver’s insurer a recorded statement.
- Watch the deadline: generally two years for motor vehicle claims (KRS 304.39-230(6)).
See our Louisville motorcycle accident lawyer page.
Motorcycle accident settlement FAQs
How much is my motorcycle accident settlement worth?
It depends on the injuries, future care, lost income, fault and available insurance. No one can responsibly put a number on it before the medical picture is clear.
Does not wearing a helmet reduce my settlement in Kentucky?
It can be raised for head injuries, but not wearing a helmet isn’t automatically negligence for adult riders who meet Kentucky’s exceptions, and it usually doesn’t affect other injuries.
Do motorcycle riders get PIP in Kentucky?
Only if they bought it. PIP is optional for motorcycles (KRS 304.39-040).
Can I still recover if I was partly at fault?
Yes. Kentucky’s pure comparative fault rule reduces your recovery by your share of fault (KRS 411.182).
Hurt on your motorcycle? Get a straight answer.
Tell us what happened. We’ll explain your options and what to do next. The consultation is free. No fee unless we win. Get a free case evaluation or call (502) 931-6788. Our office is at 1139 S. 4th St., Louisville.
This post is general information about Kentucky law, not legal advice. Every case is different.
