Were you just involved in a motorcycle accident and you want to know how the insurance claim and settlement process works? Check out this short video to learn more.
Hey everyone, Barry with the LawFull channel. I’m a personal injury lawyer and have handled over 100+ motorcycle accident claims.
If you were involved in a motorcycle crash, reach out to me at:
info@legalvlogger.com
I have a nationwide network of motorcycle accident lawyers and I’d be happy to refer you one in your city.
If the unfortunate day finally comes when an irresponsible or distracted driver crashes into you and your bike, here is what you need to know.
Key Topics:
0:00 Introduction
1:25 File a motorcycle insurance claim with both insurance companies
2:45 Get medical treatment - focus on your health
4:35 Order medical bills and records
5:25 Document your lost wages/compensation
5:53 Put everything in a demand package
6:15 Submit demand to insurance company and negotiate
7:30 If you can’t settle, you file a motorcycle accident lawsuit
First, file claims with both insurance parties. Yes your insurance too. Why? The driver who hit you may have no insurance or he may have a small policy. If that happens, you may be able to go to your own policy for compensation.
Also, your policy may have what’s called a med pay provision and that could pay for your co-pays and other medical bills.
Finally, if you use your own insurance you’ll get your bike fixed a lot quicker than if you wait for the driver’s insurance to investigate, accept liability or responsibility for the accident and then get the bike fixed.
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Medical Treatment
Medical treatment can take a long time. Or it can be over pretty quickly. But this is the biggest factor in how long this claims process is going to take.
Get medical treatment immediately. Go right away. I don’t care if its your primary care physician or the emergency room.
And once you start, don’t stop and then start again 6 months later. That’s a gap in treatment and the ins co is going to use that to try and diminish your recovery. Do not stop treating until discharged by your doctor or your physical therapist for example.
Also, when you see your doctor, tell them about all your pain and suffering. I always say if its not in the medical records, it does not exist.
Order Your Medical Bills and Records
There’s going to be a lot more of them than you know about. For example, at your hospital visit, there probably is a separate ER physician bill, a separate radiologist bill etc. It’s important for you to get everything so that you can get compensated for all your bills.
Create a Demand Package
You take that information and put it into a demand package for the insurance company. You summarize the facts of the accident, you describe your injuries, you describe your pain and suffering, you detail the activities you lost out on etc.
You Settle Your Case
If you settle your case, you need to do a bunch of these before you sign a release form. I did a video on all the stuff you have to do before signing.
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But be prepared to be low balled. I mean a seriously low settlement offer. I did a video on why insurance companies low ball accident victims.
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Over 90 percent of personal injury lawsuits, including motorcycle accident cases, end through a settlement rather than a trial.
If You Don’t Settle File a Lawsuit
Ok, what if you don’t settle, well you’ll have to file a lawsuit. You will file a ‘complaint’ at your local county courthouse. Some counties let you do it online.
Remember, you’re filing a lawsuit against the driver of the car, NOT the insurance company. After the driver gets served with the complaint, his insurance company will step in and file an answer to your lawsuit. And its at that point that the litigation process starts including discovery and depositions and experts all the way up to actually going to trial in front of a jury.
In short, it’s all stuff that you would be better served by having a motorcycle accident lawyer do on your behalf.
If you were involved in a motorcycle accident and you want a referral to a lawyer, reach out to me at:
877-529-4312
Or
info@legalvlogger.com
And if you have any other questions, put them below. Thanks for watching and we’ll see you in our next video.
Disclaimer: This video is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Watching this video does not create an attorney-client relationship.