When you are in a motorcycle accident caused by someone else’s negligent actions, your first goal is to recover your health. Once you are stable, it is time to seek compensation for your injuries. Here is everything you need to know about filing your motorcycle accident claim.
Sooner Is Better When Filing Your Motorcycle Claim
While you may be tempted to wait until you are fully recovered, you have a greater advantage when you file your motorcycle injury claim soon after the accident. Since motorcycle accidents often occur on roadways, it is unlikely that the accident scene will remain the same. In fact, police could begin removing debris and vehicles from the scene as soon as they arrive.
Over time, witnesses may begin to forget important details about the accident, and important evidence could be lost or destroyed. Protect your right to fair compensation by contacting an attorney as soon as possible. While you focus on your recovery, your motorcycle accident lawyer can begin compiling evidence, obtaining witness statements, and building your claim.
Indiana places a strict limit on the amount of time you have to file a lawsuit, per IC § 34-11-2-4. Calling an attorney right away can help you meet the statute of limitations and other important legal deadlines.
Compensation for Motorcycle Accidents Can Vary Widely
To file a claim with the responsible party or their insurance company, you must establish the value of your claim. The damages you can include in your claim differ depending on the severity of your injuries, who was at fault, and other factors.
Some losses you may be able to claim include:
- Medical expenses and hospital bills
- Treatment, therapy, and rehabilitation
- Mental and emotional distress
- Pain and suffering
- Lost or reduced income
- Long-term medical care and assistance
- Loss of or reduced mobility
- Lower quality of life
A motorcycle accident injury claim is unique for everyone. An attorney with experience handling motorcycle accident cases can help you navigate the legal process and determine which damages you can seek in your insurance claim or personal injury lawsuit.
What to Do After a Motorcycle Accident
When you are injured in a motorcycle accident, the health and safety of those involved takes priority. Ensure that you and others are out of harm’s way and call 911 to report the accident.
Once everyone is safe, take these steps to protect your legal right to compensation for your injuries:
Document the Accident
Take photos of the accident scene, including the resting place of the vehicles involved, skid marks, bollards, construction equipment, gravel, potholes, and anything else that helps establish the accident timeline.
Obtain Contact Information
Ask the other driver for their contact and insurance information. You may not need to do so if the police are taking a written report, though, as they will collect this information from each motorist involved. Obtain contact information from any witnesses, if possible. Your attorney will use this information to request witness statements later.
Call Your Insurance Company
Contact your insurance company to advise them of the accident. Stick to the facts and avoid making any statements that could be taken as an admission of fault. Even though it is your insurance company, they are motivated to pay as little as possible. Remember that anything you say can be used by insurance companies and the opposing party to reduce your claim value.
Follow Your Doctor’s Instructions
Ensure that you follow all your doctor’s orders to the letter, including taking medication, attending therapy sessions, and obtaining medical equipment and treatment as instructed. The records from your medical treatments will help support the financial value of your claim.
Avoid Speculation About the Cause
Whether you are talking to the police, your insurance company, witnesses, or your friends, it is important to avoid discussing the accident while your claim is ongoing. Any statements you make can be used against you to reduce your settlement. In addition, do not sign any settlement offers, agreements, or waivers until you talk to an attorney.
Contact a Motorcycle Accident Attorney
You may want to handle negotiations with the insurance company on your own. Unfortunately, injury victims are sometimes taken advantage of by unscrupulous insurance companies when no attorney is involved. Protect your right to fair compensation for your losses by speaking with a motorcycle accident attorney as soon as possible after your accident.
Our Attorneys Can Help with Your Motorcycle Accident Claim
For almost 40 years, Randy Sevenish, The Lawyer Who Rides, has been a dedicated biker and defender of motorcycle injury victims across Indiana. As the founding attorney at Sevenish Law Firm, P.C., Randy has established a reputation for providing aggressive representation to injury victims in everything from motorcycle accidents to slip and fall injuries.
Contact our personal injury firm today to discuss your motorcycle accident injury and see how we can help protect your right to fair compensation for your injuries.
