The period after a motorcycle accident can be hectic. You are confused, baffled, and probably injured. However, it is important to stay calm and think with a cool head. You need to remember your rights. If you’ve been in a motorcycle accident, know that you have the right to file a claim with insurance companies if you did not cause the accident. How the insurance settlement takes place depends on several factors. Here is how you can expect your insurance settlement process to go.
Table of Contents
- 1 Why you should file an insurance claim after a motorcycle accident?
- 2 Before anything else hire a motorcycle accident lawyer
- 3 Gather Evidence of Damage
- 4 File an accident claim with the insurance company
- 5 The insurance company responds
- 6 Negotiate your settlement
- 7 Accept the settlement or file a lawsuit
- 8 Conclusion
Why you should file an insurance claim after a motorcycle accident?
After a motorcycle accident, the injured party has the right to pursue a settlement from the neglectful party. To do so you can file a claim with the insurance company of the person at fault. Filing a claim lets you seek compensation for medical bills, property damage, lost wages, and pain and suffering. It is important to make a claim since all these things can balloon up to under of thousand dollars. An insurance settlement makes sure that you do not go bankrupt or under financial pressure.
Before anything else hire a motorcycle accident lawyer
This is the first step towards your insurance settlement. Insurance companies are stingy when it comes to injury claims so it is better to call a motorcycle accident attorney. A motorcycle accident lawyer is intimately aware of laws and regulations surrounding a motorcycle accident. You might be surprised at the things you can claim compensation for.
Not only that, but motorcycle accident lawyers also negotiate with insurance companies to get you the best settlement possible. The onus for handling all the paperwork and details is also on them. This frees you from the responsibility of laying a claim yourself. You can use this time to recuperate properly. If you feel the settlement reached is not fair, they can help you take the matter to court.
Gather Evidence of Damage
To lay a strong claim, you will need to show proper evidence of the damages caused to you. These include:
-Police report copy
-Pictures of your injuries, accident scene, and vehicle damage
-Receipt of vehicle repair
-Anything that can strengthen your claim like video footage
Motorcycle accidents can be quite serious compared to other vehicle accidents. Wait a bit to get a good idea of your condition before you file your claim. This will give you a good idea of your total medical cost and long-term implications.
File an accident claim with the insurance company
To file a legitimate claim for damages, you will need to prove that the other party was at fault and that their negligence lead to the accident. Negligence is defined as a lack of standard diligence. That is the degree of care that a normal person would have shown under the same situation.
The insurance company responds
After you file your claim, insurance companies have to respond. If you have proper evidence and it is accepted, you will be paid the settlement you are looking for. However, insurance companies often fight injury claims and try to decrease the settlement amount. They use tactics like taking a long time for responding, questioning your claim, offering your lower settlements, etc. This is where having a motorcycle accident lawyer on your side can be useful. Be sure to always consult your lawyer first before doing anything that might give insurance companies an advantage.
Negotiate your settlement
If the insurance companies try to decrease the settlement, your lawyer will negotiate to work out a fair settlement. Insurance companies may take 3-4 weeks before giving the first settlement. Negotiations can take several more weeks. The amount of time taken for a settlement will depend on the abilities of your lawyer. Your lawyer will try his best to make sure all gaps are covered and insurance companies have no ground to contest. More complex cases are more likely to encounter such roadblocks.
Accept the settlement or file a lawsuit
If you feel that the amount that you have been offered is good then accept it. Insurance companies will have you sign a release form. This declares that you have accepted the settlement and will not make any further claims. You will also not be able to pursue any further legal action. In the case of complex cases, insurance companies may not agree to a fair settlement. In such cases, you can take them to court. However, you can still decide to negotiate with the companies for settlement even as the case goes on.
Going through a motorcycle accident can be a harrowing experience. You may be injured and going through a tough time. In addition, the incident is likely to pile on the stress and cause mental issues. This is why having the right lawyer on your side is important. While they may not be able to heal your injuries or your mind. They can at least take care of the financial side of things. A good lawyer will put your case together to give you the best outcome.