Published on November 23rd, 2021
Ever been in a motorcycle accident? The effects are severe if you do not have legal representation for filing the claims. Read this article to learn more.
Motorcyclists are, arguably, the most vulnerable vehicles on the streets, and especially on the highways. The risks they constantly face are unique to them due to natheir ture and design.
No matter what kind of vehicle you drive, even one that boasts the latest safety devices, road accidents are always terrifying and distressing, and at times fatal.
Even in this day and age, when mammoth technological advancements are dictating almost everything good or bad in life, motorcyclists are still stuck with a helmet, boots, gloves, cruiser jackets, hi-viz vests, and the motorcycle’s lights.
Occasionally, you might see a rider who has installed crash bars on the motorcycle to protect their legs in case of accidents, but that’s about it.
Hence, it is obvious why motorcyclists are the most in danger of being victims of unfortunate road accidents. This article focuses on teaching you how to handle such situations and when you want to file a claim.
Seek Help From A Personal Injury Attorney
After a motorcycle accident, a lot of legal proceedings will follow, especially if you want to file a claim.
Dealing with the insurance company of the driver who is at fault can be a monumental task if you are alone in this fight. Thus, hiring your own personal injury attorney is the smartest thing to do under such circumstances.
A motorcycle accident attorney will take the wheel on all the legal proceedings on your behalf. You will benefit from not having to deal with any of the paperwork, apart from a few signings and attestations.
The experience of your attorney alone will often be enough to guide you in the right direction and, eventually, bring you the insurance money you need.
What Are The Claims That Victims Can File for?
You may be entitled to compensation for any physical and psychological injuries incurred after getting involved in a motorcycle accident. Any supplementary losses are also taken into account under such circumstances.
If you’ve been hurt in an accident, you may be entitled to compensation for your physical and psychological injuries as well as additional damages. Loss of income owing to the inability to work is also included, and quite rightfully so.
Furthermore, the fact that you will need to pay certain expenses like travel costs, medical appointments, and more, are also taken into account by both entities. Below is a list of motorcycle accident claims that you can file for.
- Injuries to the body, especially to the face or head
- The mental impact caused by the accident, including the aftereffects, like post-traumatic stress disorder (PTSD)
- The inability to go to work, or not being able to work at your typical level of productivity, causing financial loss in the present and future
- The cost of transportation and any associated travel expenses, such as going to and from medical appointments
- Therapy sessions and rehabilitation costs, which might be covered by health insurance but are not always fully reimbursed
- Dents, scratches, scuffs, any other form of damage to the bike, apparel, and personal effects.
- Costs for care during the recuperation period which, if required, stretches to the future
How To Initiate The Claims Procedure
As soon as you fall victim to a motorcycle accident, the first course of action is to seek medical attention, no matter how insignificant the injury might look or feel.
If at all possible, try to gather evidence from the location of the incident. This may include taking photos of the damage to the motorcycle and any other personal effects, along with collecting physical evidence like dangling, detached, or broken parts from it.
You will also benefit highly in case you manage to take a photo of the aftereffects of the collision—especially the angle at which it happened.
Try collecting the contact information of any available witnesses at the scene of the accident. Call the local police and inform them about the incident if you or someone else has not done it already.
Contact the insurance company and let them know of the occurrence, although this is one call they always dread. If under any circumstance, you fail to let your insurance company know about the accident, chances are, you will lose your validity to file a claim altogether.
For dealing with all the legal matters at hand, get help from an accident lawyer, who will give you the best advice depending on the situation.
Be prepared to answer a ton of questions from the first response team that arrives at the scene of the accident. These professionals will take every initiative to figure out the cause of the incident.
They will jot down all the necessary details like the list of damages on the motorbike and the visible physical injuries on you, the victim. They will also be willing to answer any queries regarding the claims process and help you in any way possible.
A considerable amount of cross-matching will be done in order to verify that all the information you provided matches what they have identified on their own. This will be done by one of their own motorcycle accident solicitors.
If they realize that you have the basis to file a legitimate claim, they will initiate the claims process.
A case handler will be appointed to take care of certain legal matters who will serve as your primary contact throughout the process in discussing the specifics and developments of your case.
They will start by gathering evidence that strengthens your claim against the defense in order to build momentum for your lawsuit.
They will also get you to see an expert who will conduct an unsupervised medical examination to determine the level of your injuries.
What Does The Compensation Amount Depend Upon?
The compensatory amount for motorcycle accidents differs among various cases. Attorneys put in a lot of effort to come to a conclusion on a figure that is fair and beneficial for the victim in the long run.
They also ensure that the party at fault is not being made to overpay unjustly. Below is a list of conditions based on which the compensation figure is determined.
- The potential difficulties you might encounter in the future as a result of your injuries
- The extent of physical and mental damages incurred by you
- The estimated amount of earnings that you will miss out on because of the accident
- The cost of support and care provided to you during rehabilitation
- The impact of the accident on your quality of life
A point to be noted here is that no matter what the proposed compensation amount is from the end of the person at fault, you will always be able to bargain and come to a settlement that pleases both parties. A personal injury attorney will take care of all such deals on your behalf.
The “No Win No Fee” System
To make matters easier for the victims, many motorcycle accident attorneys offer a “no win no fee” contract.
This is one of the best things that can happen to the victims as this ensures that they do not have to pay a single penny in case they fail to succeed with their claims.
It is a general agreement between only the victim and the attorney and is quite optional in reality. However, we do suggest you find an attorney who offers such contracts in case you end up losing the claim.
You need to acquire the “no win no fee” solicitor’s insurance policy before the claim hearings begin.
It covers the costs if your case were to fail, assuring that claiming is risk-free. In order to stay protected throughout the procedure, certain insurances must always be active in case something goes wrong.
In a regular “no win no fee” procedure, you would never have to pay any up-front expenses or any potential hidden costs.
Thus, there is next to no chance of you being financially stranded. Using a “no win no fee” solicitor at what may be a challenging time is risk-free and takes the financial burden off of hiring one.
Coursing through highways on a motorcycle is undoubtedly a rewarding experience. However, the dangers associated with this activity is also prevalent and a major reason for concern.
It is quite clear that the aftereffects of motorcycle accidents are significantly more severe in comparison with other vehicles like cars or trucks. Knowing ways to avoid getting into such terrible circumstances is the ideal path to follow.
However, if you do get into an accident, make sure you have your own legal representatives who will leave no stone unturned to help you file your claim easily and successfully.