The factors that come into play in a motorcycle accident case are similar to those in a car accident case.
For a successful outcome, motorcycle accident injury plaintiffs need to prove that the recklessness, inattentiveness or carelessness of the defendant driver was the direct cause of their injuries. However, the law that governs motorcycle accident injuries – in terms of no-fault car insurance in particular – may vary from one state to another.
Critical Factors to Consider in a Motorcycle Accident Claim
The most critical factors to consider in a successful motorcycle accident insurance claim are as follows:
Adequate insurance must be available: A poignant key to a successful motorcycle accident insurance claim is perhaps having the correct insurance policy for you and your motorcycle. No matter what the cause of the accident may be, you must keep in mind that motorcycle insurance is a very specific coverage type, and state laws pertaining to requirements for motorcycle insurance vary.
However, in most states, a motorcyclist who doesn’t have the right insurance coverage will have very limited options or chances of walking free after an accident takes place, especially in states where no-fault insurance rules are followed.
Even in no-fault states, if there is no one who can be held legally liable for the accident, or if the at-fault driver does not have insurance or any assets, you could end up with medical bills, repair bills, etc. if you do not have proper insurance coverage.
The accident should be documented: Documenting the accident plays a pivotal role in your claim process. If you are physically able, you should collect as much information as you can immediately after a motorcycle accident. Needless to say, your first priority should be medical attention, if you need it. But, if you have only minor injuries, get photographs of the accident scene and collect the names and contact information of the witnesses, if any.
If you cannot gather information yourself, request another person to do it for you. You should notify the police immediately after an accident – the sooner they arrive at the scene of the accident, the more likely they are to collect their own dossier of statements from witnesses and their information.
Get medical treatment and records: After an accident, you should seek medical attention as quickly as possible. Even if you do see any injury on your body, you should be evaluated by a medical professional. You may have injuries that are not externally visible, or you might also have trauma that is only apparent after a few days.
When you secure medical records, it will help in giving the insurance adjuster and jury an idea of your physical condition, both before and after the accident. You should keep in mind that motorcycle accidents can often lead to expensive medical treatments. Therefore, when you seek immediate medical attention, it can help in contesting claims of exaggerated or malingering injuries.
Contact your insurance company immediately: After you receive medical treatment, you must notify your insurance provider. You should keep in mind that, in most cases, insurance companies have very strict requirements when claims are involved. If you wait too long to notify them about your motorcycle accident, they can reject your claim.
Without proper notice, you may be made to look dishonest in court and hurt your chances of a successful claim. If you cannot report the accident yourself, make sure that someone else does it for you. You should never let accidents go unreported.
Do not sign anything with any insurance company either. They will try to get you to settle early. They will try to entice you to sign off on this accident, nullifying them of any future lawsuits. You do not want to go this route. You need legal assistance.
If you or a loved one has been in a motorcycle accident, you should immediately consult one of the experienced and reliable personal injury attorneys at Hardesty, Tyde, Green, Ashton & Clifton, P.A. We will make sure that you get the fair compensation that you deserve for your injuries and any other damages. Call us at 904-414-4906 today for a free consultation.
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What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)