A motorcycle accident can be immensely traumatic. In 2021 in Kentucky, there were 1,526 collisions involging a motorcycle, with 96 of those collisions resulting in at least one fatality. As someone who spent years defending motorcycle accident claims for insurance companies and now representing victims of these incidents, I am all too familiar with the devastating aftermath. It’s heartbreaking to witness a client’s life turned upside down due to injuries sustained in a motorcycle accident.
Our office is firmly committed to ensuring every injured motorcyclist receives the compensation they deserve. To that end, I’ll share six tips to increase the odds of maximizing your injury claim following a motorcycle accident. Please note, these tips are based on my experience as a Kentucky injury lawyer, but most of the tips can be generally applicable for anyone involved a motorcycle accident throughout the United States.
1. Gather and Submit Evidence to the Insurance Company
Ensure you gather all possible evidence. Photograph the accident scene, property damage to your motorcycle, and any other vehicles involved. If you’re unable to do this, ask a loved one for assistance. Also, document any visible injuries like wounds or bruising.
Identify and collect contact information from any witnesses at the accident scene. Their testimonies can be vital in case of disputes over who is at-fault for the accident. Ask any favorable witness to wait for the police to arrive to provide their statement.
Finally, once your medical treatment is complete, collect all medical records and bills. The more substantial evidence you can submit to the insurance company, the stronger your case.
2. Never Miss Doctor Appointments After Your Motorcyle Accident
Obtain medical treatment immediately after your accident and make sure not to miss any appointments. Medical records document the extent of your injuries, providing evidence of your pain, discomfort, and the impact on your life. Therefore, seeking medical treatment as soon as possible creates a clear record that can be instrumental in your claim.
3. Start Negotiations with a Demand for Policy Limits
Although the laws may vary from state to state, in Kentucky, the insurance company isn’t required to disclose their policy limits. To counter this, I generally send a written demand that the insurer offers their insured’s policy limits to settle my client’s injury claim. This action forces the insurance company to either deny the claim, make an offer for an amount less than their insured’s limits, or offer the policy limits.
4. Avoid Accepting the First Offer After Your Motorcycle Accident Unless it’s for Policy Limits
In my experience, the insurance company’s initial offer is never their maximum. Consider accepting the first offer only if it is for the insurance policy limits. If the amount offered is below the insurance policy limits, you should be able to negotiate and receive a higher offer. However, if your case’s value is more than the at-fault party’s insurance policy limits, refrain from making any demands below the policy limits.
5. Consider Hiring an Expert After Your Motorcycle Accident
An expert can significantly enhance your claim’s value. A medical expert can provide a comprehensive report on your condition and future treatment needs due to your injuries. If the other driver’s insurance company is attempting to attribute fault to you, an accident reconstruction expert can investigate, reconstruct the accident circumstances, and provide favorable testimony.
Experts are not inexpensive, but their insights can be invaluable. If hiring an expert is not financially feasible, consider retaining an injury lawyer. Most injury lawyers, including myself, will front the cost of an expert and include that expense in your case.
6. Hire an Injury Lawyer
A study by the Insurance Research Council revealed that personal injury victims who hired attorneys received settlements averaging 3.5 times higher than those who didn’t. The injury claim process is intricate, and an experienced injury lawyer can help you navigate it and maximize the value of your case. Most injury lawyers work on a contingency fee basis, meaning you only pay if you win the case, and the lawyer’s fee is deducted from the settlement.
Meagher Injury Lawyers Is Here To Help Those Injured In A Motorcycle Accident
At Meagher Injury Lawyers, we pride ourselves on providing aggressive represenation for injured motorcyclists. We handle motorcycle accident injury cases throughout Kentucky, including in Bardstown, Crestwood, Elizabethtown, La Grange, Louisville, Middletown, Mount Washington, Radcliff, Shelbyville, Shepherdsville, Shively, and Simpsonville. We help guide injured motoryclists through difficult times. We offer 100% free attorney consultations and we never take a dime unless we win your case. Don’t Wait, Call Tate! today!