Many people find motorcycle rides thrilling, but a motorbike accident can be more dangerous than a car accident and even more complicated to resolve financially. And with many stubborn stereotypes surrounding motorcycle accidents and claims, riders end up with little to no compensation after an accident. This makes it vital to hire a personal injury lawyer from the jump to receive the compensation you deserve.
While you may assume that the motorcycle accident claims process is similar to one in a car, it’s not the case. Most juries are unfavorable to riders involved in motorcycle accidents as they tend to assume most motorcyclists are reckless on the road. Additionally, insurers tend to pay out more compensation to car drivers than motorcycle riders. With these unique circumstances, finding a lawyer experienced in motorcycle accidents becomes a necessity.
Determining who’s at fault in a motorcycle accident
If you’ve been injured in a motorcycle accident, you need to determine who’s at fault to receive your compensation. This can be other auto drivers, hazardous road conditions, or motorcyclists. Since deciding who’s at fault can be a long and daunting process, it’s wise to hire a personal injury lawyer to help you.
They can easily determine who’s liable for the accident as they have the resources and experience required to carry out detailed investigations. Some of the questions your personal injury lawyer might ask you to determine who’s liable include:
• Were there any witnesses during the accident, and can they testify?
• Did local authorities come to the scene, and was there any report filed?
If your personal injury lawyer determines someone else was at fault, they will move on to the next step of the case – determining motorcycle accident damages.
Motorcycle accident damages
Damages can range from physical injuries such as fractures to mental suffering and lost wages. Your attorney is responsible for determining these damages to ensure you receive the compensation you deserve. Generally, damages are valued in two ways:
• Special damages: These are damages that can be calculated, and they include medical costs, property damage, and lost time at work. Courts can easily calculate special damages, and in the case of future lost earnings, attorneys seek advice from an economist.
• Non-economic damages: These are any damages that can’t be calculated, e.g., pain and suffering.
Remember, motorcycle accidents cause severe injuries and unique pain and suffering. So, it’s important to determine all your damages to ensure you receive the full compensation to cover all costs and expenses related to your injuries.
Filing your motorcycle accident insurance claim
After a motorcycle accident, you can file two types of claim:
1. Personal injuries
If you’ve been injured in a motorcycle accident, you can file a personal injury claim against the negligent driver’s insurance company. This ensures you can receive compensation for medical costs, emotional distress, and lost wages as a result of your injuries.
2. Property damage
If your motorbike sustains any damage after an accident, you can file a property damage claim against the at-fault driver’s insurance company. Alternatively, if you have collision insurance, you can file a claim with your own insurer for property damage compensation.
Property damage claims can cover the costs of towing your motorcycle or damage to personal items. However, it’s essential to note that the insurer can decide it’s cheaper to replace your bike than to repair it.
Before filing your claim, there are several documents you need to gather to support it. These include:
• Police reports
• Photos of the accident scene
• Contact information for witnesses
• Bills, invoices, and medical reports
At Guy Levy Law, our motorcycle accident attorneys can gather all the necessary documents and evidence required to support your claim. All you have to do is give us a call to book your appointment.