A motorcycle accident can leave you in distress as it can be messy and frustrating. Depending on who was at fault and what the damage inflicted, it can go very different ways. Let’s say you’re the victim of the accident. Are you going to pursue a personal injury or property damage? What if you’re the motorcycle driver, and it’s not your fault? If you sustained injuries and are innocent, you can file for compensation, and these are the following things you need to know:
Personal Injury Or Property Damage
There are two types of claims:
- Personal Injury
If the motorcycle accident resulted in bodily harm or related losses, you could seek a personal injury claim from the insurance company of the motorcycle operator or of the other driver responsible for your injury. If you’re the driver and the accident happened at your fault, you can claim from your own insurance company as long as you have enough coverage.
If the unfortunate event is new to you, you may seek professional assistance to help you navigate the law. An attorney, such as Alvine Weidenaar, will help protect your rights and ensure that you get the best representation you need.
- Property Damage
This claim covers the damages sustained to your motorcycle. If you purchased collision insurance, you could file a claim to your own company. Otherwise, you’ll need to seek compensation against the insurance company of the one at fault. Don’t hesitate to file a claim at your own provider as your rate won’t increase unless the accident is your fault.
Prepare Your Evidence
First, ensure that you’re well enough to move. It’s essential regardless if you’re the driver, the driver at fault, or the passenger. Take a quick visual check on other persons involved in the accident. If you can, call 911 and report the accident immediately. You’d also want to preserve the scene of the crash.
Take as many pictures as you need, such as the accident, the vehicle showing its current state, and of your injuries. Include skid marks, road gouges, and the part of the vehicle that collided with your own. If you’re the passenger, you need to prove which driver or operator is at fault and how badly injured you are.
If everyone involved is conscious and only sustained minor injuries, get the full names, addresses, and contact numbers of the people involved and of witnesses, if any. Take the license plate numbers and remember what type of vehicle and model it was.
Once the officers arrive, answer all of their questions and don’t forget to ask if you’ll be assigned an accident report number. You can use that number to secure a copy of the police report.
You may request copies of dashcams to get a closer look at what really happened. Similarly, if the accident happened near establishments, see if there’s a CCTV camera pointing at the site’s direction where the crash happened. You can also use the video as evidence when filing for the claim.
Filing For Your Claim
Seek immediate medical attention. Just because you don’t feel anything, it doesn’t mean there’s nothing wrong with your body. Sometimes, you’ll only feel the pain after a few weeks, months, or after a year from the day of the accident.
Medical treatment will allow you to fully comprehend the gravity of your injuries. Also, if you don’t go for a medical checkup, the insurance provider of the driver at-fault will question your claim.
If you sustained severe injuries that require multiple hospital visits, it would be wise to secure the assistance of a personal injury lawyer. You won’t have to wonder long if a personal injury lawyer can really help you because they move fast. They’re methodical and have the means to act in your best interest.
Otherwise, you can choose to handle your affairs, but you may have difficulty especially if you’re not adept at the confines of the law. Attorneys are knowledgeable on the statutes of limitation, allowing you to file a claim. They’ll also know the seriousness of your situation.
Filing for the claim can begin with all the proper documents and letting the driver at-fault know that you’re are filing for compensation. Continue to receive medical treatment as needed.
By the guidance of your personal injury lawyer, they’ll gather medical records, invoices, information on the full extent of the injuries, lost wages, continuing treatment, estimates of the damage on your property, and other documents.
Your attorney will negotiate and demand the compensation that you deserve, which may take some time because each has an idea of how much your claim is truly worth. The responsible party’s insurance company will try to give you a lower compensation, which your attorney will defer. The back-and-forth process will continue until both have reached a compromise on the amount of money that you’re willing to accept.
Keep in mind the statute of limitations, though. If you cannot file a claim in time, you’ll never be able to do so again. That means no compensation whatsoever.
If both parties cannot agree on a settlement, it’s likely to escalate into a lawsuit. If you want to continue the battle, you must understand the legal proceedings to help you make better decisions and succeed at getting the compensation you need. You’ll need to testify about your injuries, and the jury will weigh the presented evidence. The judge or, sometimes, the jury will decide if your claims are strong enough and award you how much compensation they deem enough.
While no one wants to be in an accident, fortunately, there is a possibility that you can get compensated for it. If your insurance premium is up to date, you’ll be able to pay for your immediate medical bills and the price for your vehicle’s repair. But why should it be on you when the responsible party can still end up paying you, as the victim? Also, you have access to professional help, such as personal injury lawyers. Knowing how to take advantage of their knowledge will help you get back your losses.