Insurance adjusters routinely assume that if you were on a motorcycle, you were at least partly at fault. That assumption shapes how they value claims from the start, and it's something you need to understand before you talk to anyone from the other driver's insurer.
Why motorcycle injuries are different
Without the structural protection of a vehicle frame, riders commonly suffer broken bones, traumatic brain injuries, road rash, spinal damage, and internal injuries. More serious injuries mean higher medical costs, longer recoveries, more lost income — and higher settlement values when liability is clear. Our motorcycle accident practice page covers the full range of what we pursue for injured riders.
Comparative fault in motorcycle cases
Arizona's pure comparative negligence rule (A.R.S. § 12-2505) means your recovery is reduced by your percentage of fault, but you can still recover even if you were mostly at fault. Insurers know this and routinely try to inflate the rider's share of blame — arguing you weren't wearing a helmet (Arizona doesn't require helmets for riders 18 and older), or that your lane position contributed. Pushing back on those arguments effectively requires knowing the law and the tactics. See our post on Arizona comparative negligence law for more.
What determines settlement value
Injury severity drives the biggest differences — spinal cord injuries, TBIs, and fractures requiring surgery produce substantially higher settlements than soft-tissue injuries. Medical expenses (past bills and projected future treatment) and lost wages and earning capacity are the economic foundation of any demand. Arizona allows non-economic damages for pain, emotional distress, and loss of enjoyment of life without a cap, which can meaningfully increase total claim value.
Policy limits are a real constraint. Arizona's minimum liability coverage is $25,000 per person under A.R.S. § 28-4009, and many drivers carry exactly that. If the at-fault driver is underinsured, your own UM/UIM coverage becomes critical — see our post on uninsured motorist coverage in Arizona for how that works.
The settlement timeline
Most motorcycle accident cases in Arizona settle before trial, but the path isn't quick. You should wait until you've reached maximum medical improvement (MMI) before settling — settling too early means you may sign away rights to future compensation before you know the full cost of your injuries. Your attorney then builds the demand from your documented damages, negotiates with the insurer (expect a low first offer), and files a lawsuit if needed to apply pressure. For a sense of timelines, our post on how long a car accident settlement takes in Arizona applies to motorcycle cases too.
The filing deadline
Arizona's statute of limitations for personal injury claims is two years from the accident date (A.R.S. § 12-542). Miss that deadline and your leverage in any negotiation disappears with it. Don't wait.
Our motorcycle accident attorneys handle cases throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.