Jacksonville, Florida, USA downtown city skyline on St. Johns River.

Property Damage to a Motorcycle

Can Biker Collect Pain, Suffering, Mental Anguish Associated with the Damage to Motorcycle to the Biker?

For many bikers/motorcyclists, the motorcycle is an important part of his or her life. A good deal of time, money, effort, and heart are often poured into the purchase, maintenance, and repair of a motorcycle. Many motorcycles are treasured and prized by the owner. Motorcycle accident attorney David Wolf certainly understands the stresses and impact that the crash has on the proud owner of a motorcycle. Based in Jacksonville, Florida, David Wolf has handled over a thousand personal injury cases including those related to motorcycle accidents. David Wolf firmly believes in Giving a Voice to Motorcycle Accident Victims and Their Families.

Florida Law Recognizes the Right to Recover Damages Related to the Repair, Diminished Value, and Total Loss of the Motorcycle

When there is damage or a total loss to the motorcycle resulting from an accident or crash, it is certainly felt by the motorcycle owner can can lead to an emotional loss of sorts. It is understandable when a motorcycle owner is upset when, through no fault of the biker, the motorcycle is damaged or totalled out due to the negligence of another person. While the feelings and emotions are genuine and heartfelt, the legal question at hand is whether there is recognized compensation under Florida law for these damages or losses only associated with damage to the motorcycle. The simple answer is "No". A motorcycle owner cannot collect, under Florida law, pain, suffering, and loss of enjoyment of life damages solely due to the damage of the motorcycle. For example, let's say that Joe Smith owns a motorcycle. A driver of a motor vehicle rear ends the back of Joe's motorcycle. The driver is issued a citation and the motorcycle is fixed. The repair bill was $1,500. The insurance company for the at-fault driver paid the $1,500. Joe Smith did not suffer any personal injuries at all and did not see any medical treatment; however, Joe Smith was a bit distraught over the damage to his motorcycle which he had owned for 5 years. The motorcycle was in excellent condition prior to the crash with no prior damage to the motorcycle during its ownership. Under this fact scenario, Joe Smith would not be entitled to any pain, suffering, or loss of enjoyment of life damages. There may be an additional claim for the Diminished Value of the motorcycle which can be pursued by motorcycle accident attorney David Wolf. For instance, if the motorcycle prior to the crash had a market value of $10,000 and now has a market value of $8,000, a Diminished Value claim could be pursued for $2,000; however, this claim only relates to the loss of value of the motorcycle and not to any emotional loss of the motorcycle owner.

An Injured Motorcyclist is Entitled to Compensation for Pain, Suffering and Related Damages

If a motorcyclist suffers personal injuries as a result of the motorcycle accident and seeks medical treatment for the same, then a claim or case could be pursued for what are called "non-economic damages" which include pain, suffering, mental anguish, and loss of enjoyment of life. The pursuit of a personal injury claim or case can be quite complicated. Even when the injuries appear to be clearly related to the motorcycle accident, the insurance companies still find ways to challenge the injuries or merely take a tough stance just to put more pressure on the motorcyclist to accept a settlement that is not in line with the reasonable value of the claim or case.

Contact Lawyer David Wolf Right Now for a Free Consultation

David Wolf provides a Free Consultation to all victims involved in motorcycle accidents as well as other types of accidents like automobile, truck, pedestrian, and bicycle accidents. Call David Wolf at (904) 500-9653 24/7 or send him an e-mail at dwolf@davidalanwolf.com Get D Wolf On Your Side - At Your Side.

Client Reviews
I was in need of legal advice and David was there to assist. I was given advice most attorneys would charge outrageous fees for. When I called David promptly replied, got a grasp of my issue and gave wonderful advice and then referred me to someone who could better handle my issue. I would highly recommend him and if anything else comes up, my first call will be to him. Tracey
David did a great job representing my family in a recent legal matter. He provided great communication in a clear, concise and timely manner. He thoroughly outlined what our options were and answered all our questions. We were extremely pleased with the outcome and highly recommend anyone seeking legal counsel to contact him. David
David Wolf has provided legal advice and representation to me on a variety of issues. I have referred family members and friends to him as well. Whenever a legal issue arises, he is the first person I contact because I am always provided prompt and practical legal advice. I know that I am not David’s only client but he sure does his best to make me and others feel that way. Jill Kestner
David did an outstanding job with my case from start to finish. He was professional and courteous throughout the process and he made sure that I stayed informed. I would recommend him to anyone seeking legal counsel. Adam
David Wolfe was very prompt in returning my call for advice. He was sensitive to my issue, gave clear legal advice, with creative options. Extremely thorough and caring. Will use him in future if in need again and will refer him to family and friends. Jo