REVEALED: What Every Motorcycle Accident Victim Needs to Know Before Making a Personal Injury Claim

Being involved in a motorcycle accident can be a traumatic and sometimes life changing experience, not to mention the physical pain and financial strain on the rider and their family as a result of the accident, particularly when the accident was caused by a careless driver.

The process of making an insurance claim can be complicated, each claim that you can make is unique and handled differently. Depending on who is at fault and the type of damage caused by the accident, it could be a personal injury claim or a property damage claim and in some instances it will be both. When filing a claim It's hard to stay on top of things, especially when you don’t know or are not paying attention to the details throughout the process.

It's even harder to know what steps you need to take to ensure your personal injury claim is carefully dealt with and that you are fairly compensated. Motorcycle accident riders are often financially short changed, this is because the insurance adjusters incentive is to settle your claim before the full extent of injuries is known. Never settle any personal injury until you are advised by your doctor, settlements are final, so you won’t get a second chance to seek additional compensation if the injury turns out to be more serious. This happens often, but at no fault of the individual, simply because many don’t know the process to getting the compensation they rightfully deserve. 

Following a few simple important rules can provide riders the financial peace of mind when making a claim and speaking to insurance adjusters. So, how do motorcycle riders protect themselves and their interests, when they’re making a personal injury claim from the insurance companies, so they get the compensation that they are entitled to?

Let's walk through everything you need to know right now:

What to Do Before Filing a Personal Injury Claim:

After the accident, in the days following your release from the hospital, the next step you should be thinking of is how to claim the rightful compensation for the injuries and damages that you and you’re property have sustained. The basic legal process in a personal injury case normally starts by collecting the facts and evidence related to the incident. As soon as you are able to, collect evidence that can point to who caused the accident and the damages to your property. Photographs of the place of accident will be useful here. Write down everything you remember about the accident and all that has happened after that. This includes hospital visits, expenses on medical bills, any lost income, etc. Get the names and contact information of the first responders and any witnesses that may have seen the accident. Once the facts are gathered, you are now ready to notify the other party that you are filing a claim for your personal injury. All these facts shall be used to file a claim and negotiate a fair settlement with the insurance company.

How to Avoid Insurance Pitfalls and Receive the Best Possible Personal Injury Settlement:

The most important part in filing a personal injury claim is to make sure you have all the evidence related to your accident – photos, witnesses, medical records, police report, etc. since these will be used as the basis for your claim. Expect an insurance adjuster to assess and discuss with you how much your case is worth. Keep in mind though that he is working for the insurance company so don’t just blindly believe and agree to everything he says. For him, this is business and he will try his best to save the company some money. Avoid giving a recorded statement to your insurance adjuster as this statement can and will be used against you. Once you say something on record, you can’t take it back.

Part of your negotiation with the adjuster involves proving the extent of your injuries. In this regard, it is in your best interest to avoid missing your doctor’s appointment, follow his all of his medical advice, and take all the necessary tests he’ll recommend. This shows that you’ve truly sustained an injury and you’re serious about getting it treated. It will also determine the full extent of your injuries that may not be outright evident. Keep track of all your expenses and try to estimate how much you’ll need to spend in the future like medical treatment, permanent injury, cost of your damaged property, lost wages among others so that you know how much settlement you’re looking at. Remember, you can also seek compensation for loss of family, social, and educational experiences, plus emotional damages, which can further increase the value of your claim.

It is best to consult with experts who have the knowledge to better evaluate all your possible expenses. For example, you can hire an accountant or an economist to check how much lost wages or profit you’ve incurred due to the accident. You can also seek a life care planner if you sustained permanent disability. Having a personal injury attorney can certainly help your cause since they have an understanding of personal injury law. Insurance companies have highly trained lawyers who are experts in deposition and twisting your words to be used against you, so it’s in your best interest that you are also represented by an equally capable lawyer.

If you look at statistics, according to IRC (Insurance Research Council), 85% of all settlements paid by insurance companies on body injury claims were awarded to victims who were represented by attorneys. In addition, those with attorneys received settlements that were more than 3x higher than those paid to victims without legal representation.

When Should You Consider Speaking with an Attorney:

If you have suffered an injury as a result of negligence by another party, it’s best to consider speaking with a personal injury attorney. Many individuals attempt to handle their own case and fail most of the time. This is because insurance adjusters inevitably offer you a minimal amount of money and you’re ultimately forced to just take whatever sum they give you because you don’t know any better. If you are in doubt and feel pressured to take the offer that your adjuster is presenting to you, this is a sign that you need to consult with a lawyer.

If you want your medical bills and property damage claim to be paid in a timely manner, a lawyer can make this happen. Insurance companies have tons of money and lots of legal resources. They can delay your settlement and you can’t do anything but wait. If you want to even the playing field, you’d want to have your own team of legal experts in your corner. Your personal injury attorney can also get you the right medical experts who can serve as witnesses in your case. Some personal injury law firms have medical staff who can help evaluate your claim, identify the type of personal injury claim you have, interpret your medical records, and ensure that you are receiving the best care for your injuries. They also have investigative staff who can recreate the accident and provide useful information for your negotiations.

Regardless of how simple you think the accident is, you should at least consult with a personal injury lawyer to make sure you get the settlement you really deserve. 

Many of them even offer FREE consultation or charge nothing if they don’t recover any money, so there is no risk on your side to give it a try.

Insider Tips for Choosing the Right Personal Injury Lawyer for Your Accident

1. Look for a No Win, No Fee Lawyer

This is a contingent fee agreement between you and your lawyer stating that you are not required to pay any expenses or fees related to the case if they don’t get any recovery. This is a good arrangement as you will not have to spend anything upfront or pay them by the hour.  Their fee and the expenses they’ve covered initially will come from a portion of your settlement, should they win the personal injury case. This also gives the lawyer an incentive to work harder and faster to get you the most money he can as quickly as possible.

2. Choose a Lawyer Who Does Motorcycle Personal Injury Cases Exclusively

Lawyers have different specializations. Look for one that is well versed when it comes to personal injury cases like motorcycle accidents. They have the technical knowledge and experience in the intricate and specialized rules of this type of law. You may risk losing the case if you choose an attorney that does not specialize in motorcycle accident cases. 

3. Find a Lawyer Who is Constantly Available

Look for someone that you can easily reach either through phone, email, or just a few minutes’ drive away. That way, you can easily coordinate with them and ask questions if necessary. Going through an accident is frustrating enough, you wouldn’t want to wait too long for updates or information on the progress of your settlement.

4. Find a Professional Who Knows the True Worth of Your Case

A lawyer who is proficient in his field has the skills to accurately calculate the worth of your personal injury claim. This figure is important to make sure all the expenses and damages are covered and taken into consideration before presenting it to the other party.

Just remember, going through a motorcycle accident is stressful enough, you don’t have to endure any more struggle with the complicated process of making a personal injury claim. By knowing what to do to get the best possible settlement, when to consult for legal advice, and what sort of attorney can best help you in your situation, you can have your peace of mind that you’ll receive the fair compensation that you’re truly entitled to.

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