Motorcycle riders are highly vulnerable in crashes, with accident victims suffering severe injuries at over four times the rate of other motorists. The physical trauma itself takes a tremendous emotional and financial toll. Astronomical medical bills, lost wages, and overwhelming insurance claim processes compound complicated recoveries.
Navigating complex legal battles with insurers can seem utterly impossible for accident victims, who are already facing immense physical and emotional stress from their injuries. however, motorcycle accident victims who try handling their insurance claims or lawsuits on their own often find themselves deprived of justice. You must get help from an experienced motorcycle accident lawyer to obtain fair compensation. Here are five compelling reasons accident victims should never take on their claims alone:
1. Motorcycle Laws And Policies Are Minefields
Laws explicitly related to motorcycle accidents and insurance policies have nuanced provisions that even lawyers find tricky. Negligence laws establish liability based on subtle factors, like
- Road conditions
- Reckless driving
- Violation of traffic laws
- Right-of-way issues
Insurance policies contain clauses addressing limited coverages, exclusions of certain damages, shared fault reductions, payout caps, and strict notification timelines. One slight misstep through these complex legal minefields can blow up an entire claim. Only seasoned motorcycle accident lawyers have the expertise to guide victims safely toward a maximum settlement.
2. Objective Analysis Is Vital But Nearly Impossible Alone
When you are lying in a hospital bed racked with pain from broken bones, back injuries, and more, it is virtually impossible to analyze the accident circumstances objectively. Yet objectivity is crucial to evaluating subtle liability factors and establishing the full scope of short-term and long-term damages you face. An experienced lawyer provides a detached and comprehensive analysis of liability, causation, and economic and non-economic damages to build the most robust claim foundation. Without objective analysis, fundamental factors get overlooked, and claim value suffers.
3. Demand Letters Require Extensive Specialized Skills
Crafting an effective demand letter that compels the insurance company to negotiate fairly requires combining vast legal knowledge, negotiation tactics, evidence, and documentation. Victims rarely can accurately demonstrate liability, outline injuries and losses, provide supporting documentation, calculate lifetime impact costs, and leverage legal arguments. Demand letters prepared without expertise fail to maximize claim potential and give away leverage to insurers. This directly reduces settlement offers.
4. Settlement Negotiations Call For Aggressive Legal Skill
Insurance companies have one goal in claim negotiations: to minimize payouts. Adjusters exploit a lack of legal skill and the vulnerabilities of victims to lowball offers. Seemingly innocent conversations can be used against victims later.
Adjusters may falsely claim recordings or statements showing the victim caused the accident, force early inadequate settlements, or convince victims mild injuries do not warrant compensation. Powerful negotiation experience levels the playing field against insurer tactics.
5. Going To Court Requires A Seasoned Trial Lawyer
Few motorcycle accident cases reach trial, but it remains a possibility. Navigating courts and litigation processes like discovery, depositions, motions, jury instructions, and rules of evidence requires extensive trial experience that most victims lack. The risk is high for victims representing themselves. If negotiations fail after an accident, seasoned trial lawyers take over the fight inside the courtroom, pursuing just compensation.
Some Important Things To Keep In Mind If You Need To Make A Motorcycle Accident Claim
As just mentioned, you must not try to manage the motorcycle accident claim alone. Seeking the right help is the smartest thing you can do to avoid further complications. Also, when there is a motorcycle accident, the primary concerns are your safety, the safety of other people, and the safety of the vehicle. So, don’t try to manage things on your own, even if the damage or injury does not seem that severe.
Nevertheless, there are some other things to keep in mind after a motorcycle crash to make insurance claims and legal procedures smoother.
Exchange Information For The Insurance Claim
Your insurance claim is the next thing you must take care of when you have met with a motorcycle accident. First of all, the parties involved in the motorcycle accident must have each other’s contact information and insurance details. This is very crucial when you are about to make an accident claim.
The details that need to be exchanged among the parties involved in the motorcycle crash are:
- Contact information
- Details about the insurance company and policy
- The registration number of the vehicles
- Mention of the witness to the accident
- Information about the licenses of the drivers
While exchanging information with each other, make sure that there is no discrepancy in the information. Also, the information should be up-to-date. Any discrepancy in the details can defer the process of insurance claims, and your claim can even be canceled.
Keep All The Details Of The Accident Documented
It may sound weird, but you must document as many details as possible about the bike accident you have just encountered. These documents will be your fighting tools when you make claims for your personal injury and vehicle damage. These documents will also be useful in other legal procedures.
So, what are the details that you need to document about your accident? Let us know in detail.
Location, Date, And Time Of The Accident
The date, time, and location of the accident are the most important information you need to document and provide to the authorities concerned. You need to produce them for the police as well as the insurance company.
The criteria are self-explanatory. So, be particular about recording all the details.
Don’t Forget To Mention Adverse Weather Conditions (If Any)
You must mention in your documents the adverse weather conditions of the day of your motorcycle accident (if applicable). You can mention excessive rainfall, fog, snow, or any other weather condition that can cause visibility issues, causing this accident.
Take Photos Of The Accident Scene
Don’t forget to click pictures of the place of occurrence. You must also take photographs of the damaged vehicles and your injuries immediately after the crash. These photographs need to be taken from various angles, and they should also cover the skid marks on the road.
Other important documents you need to keep up to date about the motorcycle crash are:
- Police report
- Details about your injury and treatment
- Detailed descriptions of the vehicles involved in the crash
- Insurance details, as mentioned
Summing Up: Don’t Gamble With Your Claim
Handling the aftermath of a motorcycle accident claim alone is wrought with legal, medical, emotional, and financial pitfalls at every corner. Before signing any paperwork, speak with a dedicated motorcycle accident attorney.
Let experienced legal professionals shoulder the claim process while you tackle healing. It costs nothing upfront and pays dividends in the end. Don’t go it alone; you need fierce lawyers in your corner!