Nobody expects to get into a motorcycle accident.
Life is good one minute. Then you wake up the next day to find your family thrown into a world of medical bills, insurance claims, and legal options you didn't plan on dealing with.
Let's face it…
Motorcycle accidents affect families more than most realise. The injuries are more severe. They can cost hundreds of thousands. And if you don't know how the claims process works, you could pay insurance companies and accident lawyers thousands more by yourself.
Fortunately, there's good news.
By knowing how motorcycle accident claims work, your family will be in a much better position. And with the right motorcycle accident settlement attorney on your side, you can rest knowing your family will get the compensation it deserves.
Here's everything you need to know about motorcycle accident claims…
Why Motorcycle Accidents Are So Damaging For Families
How The Claims Process Actually Works
What Damages Your Family Can Recover
How To Choose The Right Attorney
Mistakes That Limit Your Family's Settlement
Why Motorcycle Accidents Are So Damaging For Families
Motorcycle accidents aren't your everyday car crash.
Motorcycles make up only 3% of registered vehicles on U.S. roadways but accounted for 15% of traffic deaths in 2022. There's a simple reason why – motorcycles offer very little protection in a crash.
Consider…
Motorcycles have no airbags. They have no steel frame to absorb impact. So when a motorcycle rider collides with a car or object, their body absorbs the brunt of the force.
This is precisely why motorcycle accidents can be so detrimental to families. With more severe injuries comes higher medical expenses, lost wages from work, and potentially long-term rehabilitation costs. Your family cannot afford to navigate the claims process without experienced motorcycle-accident-lawyers on your side.
Common injuries we've seen include…
Traumatic brain injuries (TBIs) that require lifetime care
Spinal cord injuries causing partial or full paralysis
Multiple broken bones that need surgeries
Severe road rash that require skin grafts
Depending on the accident, motorcycle injuries can leave riders stuck dealing with mounting medical bills and never-ending physical therapy.
How The Claims Process Works
The claims process is actually pretty simple.
Your family will file an insurance claim against the party at fault for the motorcycle accident. From there, insurance companies will go back-and-forth negotiating a fair settlement amount.
Here's the problem…
Insurance companies don't have your family's best interest at heart. Instead, they look for ways to minimize the amount they pay on a claim. This could be asking for a recorded statement to find contradictions in your story. Or they could deny claims your family deserves by saying you had a pre-existing condition.
This is exactly why hiring a motorcycle accident settlement attorney is so important. Your attorney will handle all communications with the insurance company and gather evidence to support every dollar your family is claiming.
The typical timeline for claims will look something like this…
Month one will be focused on gathering any and all evidence related to the crash. Medical treatment should also be started as soon as possible and will continue throughout the life of the claim. This continues until the victim reaches maximum medical improvement (MMI).
The majority of settlement negotiations occur between month three and eighteen. If your family cannot come to an agreement with the insurance company, then we may have to file a lawsuit. Once in court, motorcycle accident claims can take two years or more to resolve.
What Damages Your Family Can Recover
Many families are shocked at how much they can recover from a motorcycle accident claim.
There are different categories of damages your family can recover. Economic damages refer to costs that can easily be calculated with bills and receipts.
Some examples include…
Medical bills (past and future)
Loss of income if unable to work
Repair or replacement of the motorcycle
Modifications to your home due to injuries
Non-economic damages are intangible losses that don't have a specific dollar amount. Things like pain and suffering, emotional trauma, and loss of quality of life.
In cases where a family member was killed in the accident, you can also file a wrongful death claim. Which allows you to recover funds for funeral expenses, lost income from the deceased, and loss of companionship.
The National Highway Traffic Safety Administration reported 6,335 motorcycle rider deaths in 2023. That means 6,335 families were devastated by the loss of their loved ones.
Choosing Your Legal Representation
Not all lawyers are created equal.
When choosing who will represent your family after a motorcycle accident, consider the following traits:
Experience with motorcycle accidents – Motorcycle accidents have unique circumstances other car crashes do not. Lane splitting, helmets, and types of injuries vary from typical car accidents. You want to make sure the attorney you choose knows how to handle these issues.
Many accident attorneys won't accept your case because they don't want to bother learning these intricacies. And while they might know a lot about personal injury claims, it could hurt your family during negotiations.
A great motorcycle accident settlement attorney will:
Offer free consultations
Work on a contingency fee basis (they only get paid if you win)
Specialize in motorcycle accidents
Keep you updated
Knowing how insurance companies work is also important. An attorney that's never negotiated with one before will struggle to get your family the compensation it deserves.
Mistakes To Avoid
In my years of experience, I've seen families destroy their own claims by making costly mistakes.
Here are the things you need to avoid…
Giving a recorded statement to insurance companies. Insurance companies are known for twisting words people say. And you should never talk to them without an attorney present.
Not seeing a doctor immediately. Again, insurance companies love using this argument. If you don't go to the hospital right after an accident, they say your injuries can't be that bad.
Social media posts. You should avoid posting anything about the accident or photos on social media. Believe me when I say insurance companies use these things to screw families over.
Accepting the first offer. Don't be so desperate to get your life back that you accept the first offer. Chances are, it's not nearly enough to cover your family's damages.
Waiting too long to file a claim. Like I mentioned before, every state has time limitations on when you can file a motorcycle accident claim. If you wait too long, you could lose your right to file at all.
Motorcycle accidents disrupt families' lives.
Not only are you dealing with catastrophic injuries to your loved ones, but you could also face financial hardship from medical bills and loss of income. I understand how stressful it can be for your family.
But you don't have to figure this out on your own. Let a knowledgeable motorcycle accident settlement attorney handle the legal side of things while you focus on what's important – family.
The steps may seem like common sense, but they can make or break your claim if done incorrectly:
Immediately seek medical attention.
Document everything at the scene of the accident.
Don't give any statements to insurance companies without your attorney.
Contact an experienced motorcycle accident attorney right away.
Be patient with the process.
Motorcycle accident claims take time, but your family will benefit from waiting it out if you hire the right attorney by your side.
Life throws us curveballs. The only thing we can control is how we react to them and who we have fighting for us when it does.
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