In the State of Indiana, property damage recovery after a motorcycle accident extends far beyond just the cost of fixing the bike. Because Indiana follows a “fault” system and modified comparative negligence, you can recover the full scope of your financial losses from the at-fault party, provided you are not more than 50% responsible for the accident.
Recoverable property damages generally fall into the following categories:
- The Motorcycle (Repair vs. Total Loss)
The method of recovery depends on the extent of the damage:
Repairable Damage: You are entitled to the reasonable cost of repairs to restore the bike to its pre-accident condition. You have the right to choose your own repair shop.
Total Loss: In Indiana, a vehicle is typically considered “totaled” if the repair costs exceed 70% of its fair market value. If totaled, you are entitled to the Actual Cash Value (ACV)—what the bike was worth the second before the crash—not what you originally paid for it or what it would cost to buy a brand-new one.
- Diminished Value
Even if your motorcycle is perfectly repaired, it now has a “collision history” (often visible on reports like CARFAX), which lowers its resale value.
Indiana law recognizes Diminished Value claims.
You can seek compensation for the difference between the bike’s pre-accident market value and its post-repair market value.
Note: This is usually only available if you are making a claim against the other driver’s insurance (third-party claim), not your own.
- Safety Gear and Personal Property
Motorcycle gear is expensive and designed to be “one-and-done” in a crash. You can recover the replacement cost for:
Helmets: Most manufacturers recommend replacing a helmet after any impact.
Protective Clothing: Leathers, armored jackets, gloves, and riding boots.
Aftermarket Parts: Custom exhaust systems, chrome, or specialized luggage racks (ensure you have receipts or photos, as adjusters often overlook these).
Electronics: Damaged phones, GPS units, or action cameras mounted to the bike.
- Loss of Use and Rental Expenses
Rental Coverage: You can recover the cost of a rental vehicle.
Loss of Use: Even if you don’t actually rent a car, Indiana law may allow you to recover “loss of use” damages for the period you were without your vehicle.
- Incidental Costs
Towing and Storage: The cost of transporting the bike from the scene and any daily fees charged by an impound lot or repair yard.
Appraisal Fees: If you hire a professional to prove a diminished value claim, these costs can sometimes be included in the demand.
Important Legal Limitations
Comparative Fault: Under Indiana Code § 34-51-2-6, if you are found partially at fault, your recovery is reduced by that percentage. For example, if you have $10,000 in property damage but are 20% at fault, you would receive $8,000. If you are 51% or more at fault, you recover zero.
Statute of Limitations: You generally have two years from the date of the accident to file a lawsuit for property damage in the State of Indiana.
Thus, it is important to get a qualified attorney involved in your motorcycle case from the very beginning, so that you can make the monetary recovery you deserve. Do not waste your one and only opportunity to get the compensation you deserve by retaining the wrong attorney.