FAQ - Eric Spector Legal

If your question is not covered below, please call or complete our free consultation form.

How much money can I sue for? Is there a limit?

There is no limit on how much money you can sue for. However there is a realistic concern of whether the other driver’s insurance coverage and personal assets are sufficient to cover your claim. For this reason, we highly recommend you obtain un-insured and under-insured coverage through your insurance company in case the other driver does not have enough coverage.

Insurance Coverage Recommendations

What is my case worth?

We evaluate the seriousness of the injury. This means in plain understanding broken bones, scarring, head, back and joint injuries. We know how to methodically examine all aspects of your case from lost work to psychological trauma. We make sure we leave no stone unturned and methodically go through our checklist to fully document how this accident impacted your life.

Is there a fee if we lose?

No Win – No Fee Promise. It’s that simple. Free home, hospital or office consultation. We charge on a 1/3rd contingency fee agreement when your case resolves successfully. This simply means no recovery-no fee!

How much do we charge? What is a contingency fee basis?

You are provided in writing my “No Win – No Fee Promise when we take your case. We are highly motivated to fight successfully for you since we do not earn a legal fee unless we win. We charge you on a percentage contingency basis meaning No Win-No Fee unless you receive a Settlement or Judgment and we collect.

What does a contingency basis mean and how does it work?

Eric Spector Law Firm handles your accident claim on a contingency basis in the amount of 33.33%. (Which is 1/3rd of the settlement) This means our fee is based on a percentage of how much we recover. You do not pay any fees unless we either settle or obtain a judgment. We advance all costs on your behalf. Once the case settles we charge 1/3rd of the amount recovered after deducting costs.

Why do we do it?

Most people cannot fund a claim against the insurance carrier by hiring an attorney and paying costs up front associated with bringing a claim. We are confident we will be successful for you. We have the resources to fight the insurance companies and level the playing field for you.

Why does it matter if my attorney has a strong riding background and is a real rider?

My real world riding experience in pro AMA Superbike and active Mid Ohio Trackday Instructor means I can both understanding and explain the crucial details of your riding incident and your motorcycle operation. I can quickly expose any false defense presented by an insurance company. It is not enough to call yourself a “motorcycle attorney” by simply having a photo taken at a bike rally to fully understand and explain in real terms what a bike can and cannot do. I understand everything from your aftermarket equipment to available traction, braking and cornering. I can explain an accident reconstruct report or medical report in real terms to an insurance company or Jury in real terms from real experience.

Why does it matter if my attorney has suffered injuries from crashing?

Empathy and understanding is best understood by a person who has walked in your shoes. My injuries have taught me that your pain is real, you are not just a number. I can talk to you and understand your medical treatment and therapy in real terms. I can better explain to an insurance company or Jury what you are going through in a real heartfelt fashion. I truly care!

How do I know you really care and I am not just a number?

When I work on your case, you’re not just a number to me. I will visit you in your home or in the hospital. When you call my office, you will speak to me, not a secretary or a paralegal, and when you call after hours, you’ll get forwarded to my cell phone. Once your case begins, you will have my direct cell phone number that you can use to contact me with any questions or concerns about your case. I know what it takes to win your case and get you the compensation you deserve.

Do I need a lawyer or can I represent myself?

You can act as your own lawyer and represent yourself but you do not want to sign away your rights for a small settlement. You also want to be careful of the settlement language. It is highly encouraged to have a motorcycle injury attorney review your settlement agreement before you sign.

Will my case go to a Jury Trial?

The majority of cases settle without having to go to trial. The reason is we are able to obtain substantial and legitimate offers by building your case. We do this by conducting an immediate investigation and professionally presenting the necessary proofs to the insurance company that demonstrate the negligence of their insured and severity of your injuries and how this accident impacted your life. We professionally present the necessary statements, photos, expert reports, records and documents. If we do not get a substantial and legitimate offer then we will have our day in Court.

What if I was involved in a hit and run, can I still be compensated?

Yes, depending on the type of insurance you have. Please call me to discuss your specific case.

If the person who hit me was under the influence of alcohol, is the bar liable?

It’s very possible. Please contact to both investigate and comply with a shorter statute of limitation and notice period.

What are No Fault Benefits and am I automatically entitled to these?

No Fault Benefits are exclusive to Michigan and 11 other states. Michigan, unlike Ohio and Illinois, is unique that it provides benefits for certain injuries regardless of fault. These benefits include:

Medical expenses for life.
Lost wages up to 3 years, currently limited to $5,282 per month.
Household chores up to 3 years at $20 per day.
Medical attendant care and medical transportation expenses.

You are most likely entitled to these benefits. In general, the No Fault Benefit requires you were involved in an accident caused by another vehicle. You do not have to have physical contact with that vehicle as long as the accident happened involved another vehicle. Typically most accidents involve another car, truck or bus. For the purposes of this benefit, a motorcycle is not considered another vehicle, meaning if another motorcycle hit you and a car was not involved, you may not qualify for these benefits. Call us if you have questions.

If I am a Michigan resident and I am involved in an accident in Ohio or another state, do I get Michigan No Fault Benefits.

Yes.

How long do I have to bring this No Fault Benefit Claim?

Generally, you must give official notice within one year of the date of accident. This means proper notification to the correct insurance company. We highly recommend not allowing your claim to wait until the 11th hour to avoid blowing this statute of limitations date. Even if you give notice within the one year, the filing of a lawsuit will only get the benefits retroactively for one year, so don’t wait!

How long do I have to bring a lawsuit for my Injury or Wrongful Death Claim for a loved one.

You must bring your lawsuit within three years of the accident for Michigan residents. You have within two years to bring a lawsuit if you are an Ohio resident. If the accident involves a minor, then the minor has until age nineteen. These deadline dates can be critical so act immediately and do not wait until the 11th hour.

In Michigan, for the majority of cases, you cannot collect damages to your bike from the other driver. Motorcyclists are even excluded under small claims mini tort. This means you must insure your motorcycle separately. It is not enough to simply request “full coverage” from your agent. Please have your agent review and confirm your bike is covered. You are also welcome to contact us for free to discuss. In Ohio and other states, you can collect damages to your bike from the other driver. We still recommend separate coverage for your motorcycle, regardless of state.

Are my accessories and riding gear covered in an accident?

It is important that you have coverage for your bike along with a separate rider your accessories and riding gear. Certain states like Ohio allow you to recover motorcycle damage from the other driver, however Michigan requires you have specific insurance coverage and prevents you from bringing action against the other driver. There are some exceptions to this rule, but it is much safer to carry insurance for your motorcycle, accessories and riding gear, including Ohio. Its always worth it to ride with top protective gear and simply obtain insurance covering that gear. High quality protective gear designed to absorb impact can make the difference in walking away or having a head injury, skin graphs or worse. Be sure to ask your agent for this coverage and go over your insurance declaration sheet to insure you have this coverage.

Is there a difference in good riding gear and what riding gear is mostly overlooked?

Yes! I have crashed my sportbike during my racing career at high speed easily over 70 times. I have crashed my dirt bikes in the hundreds. Certainly not all injuries are preventable and I can attest to that. I can also attest good gear can both minimize and prevent a majority of injuries. The two most overlooked pieces of gear are a high quality helmet and gloves. A Good helmet and gloves can be the difference between walking away without a scratch or suffering head trauma and reconstructive hand surgery. Your helmet should be Snell rated and replaced every five years. Most good gloves cost north of $100 with reinforced stitched seams, padding on the back and good palm material. Your gear is an investment in your health. You can obtain accessory insurance coverage to cover your gear.

What does it take to go racing? How can I get my race license?

If you are a really good street rider or trackday rider that rides in the advanced group you can get your motorcycle race license through me at Mid Ohio Performance Track Riding events that I attend. I am accredited by Wera and MotoSeries to issue provisional novice race licenses for successful graduates. Here is a link to the Mid Ohio PTR events (Click Here). Please be sure to contact me in advance since I cannot attend every event.

Do you recommend attending a trackday event for a new rider and where do I sign up?

Yes! Imagine riding your sportbike on a closed course with smooth long corners, safe runoff areas, instructors on and off the track, no cars, no police and no speed limit. You don’t have to imagine, you can sign up and attend! The events are split into three groups, beginner, intermediate and advanced so you ride with people at your skill level. Every group has instructors. I promise you everyone that attends a trackday always leaves with a grin, a group of new friends and better riding skills that translate to the street. I recommend Mid Ohio Performance Track Rider School. Link to mid ohio here. If you want to see what an event looks like, this is a link of me giving my friend’s 11 year old son a two up ride around the track in the intermediate group. https://www.youtube.com/watch?v=Uhpg1Yso4iQ

Do you offer Nationwide Coverage?

Regardless of where your accident occurred or where you live, I can help you. Since I am an attorney that specializes in representing injured motorcycle riders, I work with firms across the country that also dedicate their practice to helping injured riders. I am a licensed Michigan Attorney who has an association with other motorcycle injury attorneys that represent injured riders. Eric Spector will be sure to use his skills to only choose other highly qualified attorneys if there becomes a need for further specific investigation or specific advice. Eric Spector will divide and share legal fees if you are referred to another attorney or law firm or affiliate or associating firm.