I Have Been in a Motorcycle Accident, What should I do?
The first you should do after any motorcycle accident, is seek medical attention. If you are experiencing any pain, including mild pain or discomfort, immediately seek medical attention. If medical assistance is offered at the accident scene, consider having the paramedics examine you. If you have insurance, your Personal Injury Protection will automatically cover the majority of the ambulance ride to the Emergency Room and the ER visit. If you don’t have insurance, the ambulance and hospital will treat you just the same.
You should also report the accident, document the scene, and get the contact information of any witnesses. Remembering those three steps will be critical in securing a favorable claim for your damages.
How do I pursue a Claim for Damages to my Motorcycle?
When an accident occurs, there are two separate claims that can be pursued. The first is a claim for injuries which is discussed in other sections of this page. The other, is a claim for damage to property, which in most instances means the motorcycle involved. When opening a claim for damage to your motorcycle, there are several options. A great deal will depend on whether or not you have Collision Coverage or not on your own policy. If you do have Collision Coverage, you will have the option to go through your own insurance company for repair or replacement of your damaged motorcycle. If you do not have Collision Coverage, you will have to pursue a claim against the at-fault party’s Property Damage Liability Coverage (PDL). An experienced motorcycle accident attorney is one of the few people that can guide you through this process and ensure you get compensation from your insurance company or the other party in the accident.
Will Not Wearing a Helmet Ruin my Case?
Even if your state has a mandatory helmet law, your failure to comply with that law will probably not prevent you from recovering for your injuries if someone else caused the accident. Depending on where you live, the issue may be relevant to the amount of damages you will recover, if it is shown that your failure to wear a helmet contributed to your injuries.
How long do I have to take legal action after my motorcycle accident?
In Texas, the statute of limitations restricts the amount of time in which you have to file a claim or lawsuit for your motorcycle accident case. As stipulated under the statute of limitations, the injured party of a motorcycle accident (or any other type of personal injury case) has only two years from the date of the accident in which to take legal action. That being said, however, it is often best to act as immediately as possible. The sooner that you involve a personal injury attorney in the matter, the better chances you stand of receiving the compensation that you both need and deserve for your recovery.
Do I Need an Attorney?
Any victim of a motorcycle accident is legally permitted to file a claim for his or her injuries and property damage. As such, an attorney is not required for the completion of the claims filing process; however, having legal representation on your side at this time could make your efforts significantly more successful. This is especially true if your claim is denied and you need to dispute the denial, in which case you will almost definitely need a motorcycle accident lawyer on your side. If you have an attorney on your side from the get-go, then your claim could stand far less of a chance of being denied in the first place.
How much is my motorcycle accident claim worth?
The worth of any given motorcycle accident claim will primarily depend on the severity of the injuries that you sustained and the time it is projected to take for your recovery. If you or someone you know involved in a motorcycle accident and would like me to review, please call 1-855-GOT-INJURED or click here to complete the form for your case review..