You can get a settlement if you were a passenger on a motorcycle that got into an accident with another car. You can pursue the driver of the motorcycle and the other car. You may be able to sue the manufacturer (of the motorcycle) for product defects. Its easiest to settle motorcycle injury claims since passengers are rarely at fault.
What if the Motorcycle is the Only Vehicle Involved in the Accident?
You’ll file a claim against whoever was driving the motorcycle in that case. You need to prove that two elements existed to win:
• Negligence
• A defect or fault with the motorcycle.
If Another Car Hit You
If another car hits you, then you can file a claim against the driver of that car. You can get into a two-vehicle accident with a motorcycle even if the motorcycle doesn’t actually hit the other car. That won’t apply if the driver of the other car does a hit and run.
Gathering Evidence After the Accident
Get names and contact information from as many witnesses and eye witnesses as possible. Also, take as many pictures as possible. You can take them from your mobile device. These can and will serve as evidence either in or out of court. Make sure a police officer comes to the accident scene. He or she will draft a police report that can be used as valuable evidence. You should hire a personal injury lawyer in Arcadia right away. He or she will be able to inform you of the ramifications of your case and your rights.
Demand letter
The first step your lawyer may take is to draft a demand letter. This formal claim for compensation tells your side of the story in detail. Details that are included are:
• Your account of the details of the accident
• The dollar amount of the vehicle that was damaged
• The dollar amount of the bodily injuries sustained in the accident
• The reasons (backed by evidence) why the other driver was at fault.
The insurance company will answer the demand letter with documentation that outlines the specific reason(s) why the claim was denied in detail. The insurance company may also reverse its initial decision to deny the claim. In other instances, the insurance company may offer a much smaller settlement than the one demanded in the demand letter.
Formal Appeals Processes
Your chances of winning the settlement increase if the insurer has a formal appeals process. Your lawyer will have a better chance of negotiating the settlement. The lawyer may turn to arbitration to appeal your claim. Some states even have a formal process for appealing denied claims.
When You Should File a Lawsuit
You always have the option of suing the insurance company after it denies your claim. However, your lawyer will consider that option only when the settlement is high and he or she believes that you’re telling the truth.
