If you were hurt in a motorcycle crash in Georgia or South Carolina, you have probably seen or heard about big payouts for accidents and wondered if they could apply to you.
You need to know there is no reliable average motorcycle accident settlement. Every settlement is different, and the amount depends on your injuries, who was at fault, and how much insurance is available.
This article will give you general information about settlements, but we can’t tell you what your specific claim could be worth. If you really have been hurt in an accident and want to find out, our Savannah motorcycle accident lawyers can review your situation in a free consultation, as can the lawyers in our Augusta and Columbia offices.
How much are most motorcycle accident settlements?
There isn’t a reliable average for motorcycle accident settlements in Georgia or South Carolina. Many of the averages posted online don't say where the number came from. Some mix jury verdicts in with settlements, and some describe another state's rules, so these may not be accurate.
What we can source is what these injuries cost. In NHTSA's study of the economic impact of crashes (2019 data, published in 2023), 30 percent of police-reported injured motorcyclists had moderate or worse injuries. For injured people in crashes in general, the figure is 16 percent. Most injured riders, about 70 percent, have minor injuries. The serious share is still almost double.
The same study estimates the cost of each injury level. The chart below shows the average economic cost per injured rider, in 2019 dollars, with the $25,000 minimum liability limit that both states require for one injured person marked for scale.
These figures show what the injuries cost, not what a claim pays, because economic cost also counts items no claim pays, such as insurance administration and legal costs. They outrun the minimum coverage both states require.
What decides what a motorcycle accident claim is worth
Many factors determine a claim's value, including injury severity, fault, and overall documentation.
What determines what an accident is worth are the injuries and all that comes along with it. We often forget the less obvious costs: future care, time off work, travel and prescription costs, and how pain will impact your everyday life. You should also consider how the injury can change your daily schedule and what they call pain and suffering.
Fault has to be considered. Documentation ties it all together: records, photos, and scene evidence that show what happened and what the injury has cost.
How insurance limits cap a motorcycle accident settlement in Georgia and South Carolina
In our experience, insurance coverage has a cap on most serious motorcycle cases, and both states require only $25,000 of bodily injury coverage per injured person. Georgia's minimum limits (O.C.G.A. § 33-7-11) are $25,000 for one person, $50,000 for two or more people in the same accident, and $25,000 for property damage. You can check out how South Carolina sets the same figures (S.C. Code § 38-77-140).
Some may consider that a small amount. If you cross-reference the chart above, a moderate rider injury averages $69,194 in economic cost, about 2.8 times a $25,000 limit, and a serious one averages $295,580, about 12 times that cap. This chart data is from 2019, so today’s costs may be higher due to inflation. This comparison chart doesn't predict any specific outcome; it highlights the policies' strict restrictions and caps.
Based on our experience, roughly 1/3 of the at-fault drivers we deal with are uninsured or underinsured, meaning they have no coverage at all, or it's too small for the injury. This means many drivers have no insurance. The Insurance Research Council estimates that 19.0 percent of Georgia drivers and 10.3 percent of South Carolina drivers were uninsured in 2023, according to the Insurance Information Institute. This estimate applies to drivers in general.
When the at-fault driver's policy isn't enough, we look at other sources of income. These could include: your own insurance, such as underinsured motorist coverage. The at-fault driver's umbrella policy (it’s extra insurance that helps pay after the regular policy runs out) and/or any business or commercial policies, if the driver was working in a company-owned car.
A good lawyer will look for every policy that may apply. Before accepting a policy-limit offer, check:
- possible insurance policies that can help you
- your own insurance
- any medical bills or repayment claims
Georgia law allows a policyholder to choose between two coverages. "Add-on" coverage is the standard. It pays in addition to the at-fault driver's liability coverage, up to your actual losses. "Reduced-by" coverage only covers the gap between the at-fault driver's limits and your own. Can only be chosen in writing.
In South Carolina, insurers must include uninsured motorist coverage in automobile coverage policies, at least equal to the minimum liability limits (S.C. Code § 38-77-150). Insurers must also offer underinsured motorist coverage (§ 38-77-160). Sometimes more than one policy can apply, depending on the policy and the facts.
That is one of the first things to verify, along with whether these rules reach your motorcycle policy. Here are some related articles covering when the at-fault driver has no insurance in Georgia and what to do if you were hit by an uninsured driver in South Carolina.
What insurers assume about motorcycle riders
In our experience, there is a lot of bias against motorcycle riders, with the assumption that they were speeding or otherwise riding inappropriately or dangerously. The Hurt Report is a 1981 study of 900 motorcycle crashes, done by the University of Southern California for NHTSA. In two-thirds of crashes with another vehicle, the other driver violated the motorcycle's right of way and caused the crash. The most frequent pattern was a car turning left in front of an oncoming motorcycle.
Bias (the built-in judgment or assumption about someone or something) can show up in fault arguments or recorded statements that can turn into quick offers. Getting down to the details can help your case. Describing the rider's gear, lane position, conduct, and equipment, as well as any physical evidence such as body injuries and field debris on video, can help. Getting advice before a recorded statement can also help you avoid guessing about the crash or your recovery.
Helmets and motorcycle accident claims in Georgia and South Carolina
Georgia has a universal helmet law. Based on research by NHTSA, 9% of the riders killed in 2023 and 2024 were not wearing one at the time of the accident. In South Carolina, it’s different because it only requires helmets for riders who are under 21. Adults can ride without a helmet here, and the share of killed riders without one is a shocking 53%.
What happens if you get hurt in Georgia without a helmet? The insurance company can hit you with two arguments: that you share some of the blame (called comparative fault), or that you didn’t do enough to limit your own injuries (called failure to mitigate). In our experience, though, any reduction in what you can recover mostly applies to head injuries, and the insurer needs evidence from an expert to prove so.
What happens if you get hurt in South Carolina without a helmet? Adults are not required to wear helmets. Mayes v. Paxton (1993), the state Supreme Court said an adult rider who missed his helmet wasn’t necessarily at fault because he broke no law. In our view, that means an adult rider's missing helmet can't be used to reduce the claim. However, the helmet law does apply to riders under 21.
Our advice is to talk to a lawyer first. Do not assume that a lack of a helmet immediately means there is no claim.
What happens if you were partly at fault for the motorcycle accident
Georgia and South Carolina both reduce a rider's recovery by the rider's share of the fault, but they are different.
Under Georgia law (O.C.G.A. § 51-12-33), damages are reduced in proportion to your % of fault, and you receive nothing if you are found to be 50% or more responsible. You can read more about this in this article: how comparative negligence works in Georgia.
In South Carolina, you only get nothing if they find you to be more at fault than the other person, whatever the percentage of fault is.
Georgia vs South Carolina motorcycle accident claims at a glance
Georgia gives you two years to file a lawsuit for injuries, with some exceptions. South Carolina gives you three years, counted from when you knew, or reasonably should have known, that you had a claim.
| Georgia | South Carolina | |
|---|---|---|
| Deadline to file a lawsuit for injuries | 2 years, with some exceptions | 3 years, from when you knew or should have known you had a claim |
| When the rider shares fault | Damages reduced by your share; nothing if you are 50% or more at fault | Damages reduced by your share; nothing if your fault is greater than the other party's |
| Minimum liability coverage | $25,000 for one person, $50,000 for two or more, $25,000 property | The same figures |
| Your own uninsured and underinsured coverage | If your policy carries it: "add-on" by default, or "reduced-by" if selected in writing | Uninsured coverage required in automobile policies; underinsured coverage must be offered |
| Estimated uninsured drivers, 2023 | 19.0% | 10.3% |
| Helmet law | Every rider | Riders and passengers under 21 |
| Riders killed without a helmet, 2023 and 2024 | 9% | 53% |
The helmet figures count motorcyclists killed whose helmet use was known.
How long does a motorcycle accident settlement take?
A motorcycle accident settlement takes about as long as the treatment takes. More severe injuries mean longer treatment, and a longer recovery means a longer case, so it’s relative to each case. Disputed fault and coverage fights can add time too.
Based on our extensive experience representing parties injured in motor vehicle accidents, nearly 9/10 of our settled cases took more than six months to resolve after the crash. That covers motor vehicles generally, not only motorcycle accidents.
Claims tend to go something like this: a medical treatment plan to follow is instructed by a doctor. Then your records go to an insurance company, and you make your demands. Both sides start a negotiation process. If things aren't settled and the deadline is near, that's when the case can become a lawsuit.
When a motorcycle accident claim becomes a lawsuit in Georgia or South Carolina
A motorcycle accident claim becomes a lawsuit when there is no settlement. The filing deadline is approaching, and one or both of the sides can't agree on fault or coverage.
You can check our articles on Georgia's statute of limitations and South Carolina's statute of limitations, which explain when each deadline starts and what exceptions apply.
If a government is involved, separate deadlines apply, and they are often shorter.
Deadlines to apply:
- In Georgia city—→ 6 months.
A written claim has to be presented to the government within 6 months of the situation.
- In Georgia county—> 12 months
Written claims against counties have to be presented within 12 months after they happen, or they can be barred.
- The State of Georgia—> 12 months.
Under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26), written notice has to reach the state's Risk Management Division within 12 months of when the loss was, or should have been, discovered; no suit can be filed until then.
- A South Carolina government entity—> 2 years.
The South Carolina Tort Claims Act requires a suit within two years after the loss was, or should have been, discovered, or within three years if you first filed a verified claim with the entity.
A verified claim—→ 1 year
If filed, it has to be received within one year after the loss was, or should have been, discovered.
Jamie Casino Injury Attorneys has been representing injured people in Georgia and South Carolina since 2006. We represent only injured people, never insurance companies, and our attorneys have over 40 years of combined experience.
Hurt in a motorcycle crash and unsure where you stand? You can talk with us. The consultation is free.
Frequently asked questions
Should I get a lawyer for a motorcycle accident?
If you were hurt in a motorcycle accident, yes. In our experience, the overwhelming majority of injured people need a lawyer. If you weren't injured or clearly entirely at fault, a lawyer may not be needed, and if you're not sure, call us and ask.
How much of a motorcycle accident settlement do you keep?
This may depend on what comes out of it: the attorney's fee, the costs of pursuing the claim, and any medical bills or repayment claims. Before you hire a lawyer, look at what you might actually keep after these expenses.
We work on a contingency fee, which means no fees unless we win, and you can read more about how a contingency fee works. Ask how case costs are handled before you sign an agreement with any lawyer.
Sources
- NHTSA, The Economic and Societal Impact of Motor Vehicle Crashes, 2019 (Revised), DOT HS 813 403 (February 2023).
- NHTSA, Traffic Safety Facts: Motorcycles, 2023 Data (DOT HS 813 732) and 2024 Data (DOT HS 813 824), Table 7.
- Insurance Research Council, via the Insurance Information Institute, "Facts + Statistics: Uninsured motorists," estimates for 2023.
- Hurt, Ouellet and Thom, Motorcycle Accident Cause Factors and Identification of Countermeasures, Volume 1 (NHTSA, DOT HS 805 862, 1981).
- Georgia: O.C.G.A. §§ 9-3-33, 33-7-11, 36-11-1, 36-33-5, 40-6-315, 50-21-26 and 51-12-33.
- South Carolina: S.C. Code §§ 15-3-530, 15-3-535, 15-78-80, 15-78-110, 38-77-140, 38-77-150, 38-77-160, 56-5-3660 and 56-5-3670; Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); Mayes v. Paxton, 313 S.C. 109, 437 S.E.2d 66 (1993).
