No matter who is at fault, finding yourself involved in a motorcycle accident is a scenario that can be frightening, painful, and has the potential to leave you with severe and life-changing injuries. In some cases, these accidents will prove fatal.
While being involved in a crash is traumatic enough, the stress can be exacerbated if you face steep medical expenses following the incident. This can add worry and headaches during an already difficult period and may mean that you cannot access the levels of medical treatment and support you deserve as the injured party.
There is good news; however, if it can be proven that a third party was responsible for the accident, and any injuries you have suffered as a result, then you may be in a position to pursue them for financial damages and compensation. These payments can be used to meet essential expenses, including medical bills and hospital stays, any pain and suffering, psychological trauma, and adaptations required to your home to help you live an independent life.
How Do I Start the Process?
The first stage in the process will be to determine who was ‘at fault’ for the accident. This will usually be carried out by your motorcycle accident lawyer, who will use the tools and clues at their disposal to gain a fair, balanced, and complete picture of the case. Police reports regarding the accident can be beneficial here, as can any photos or videos which were taken at the scene – these can help to determine the position and location of the vehicles involved in relation to your motorcycle, any obstacles, whether you were wearing a helmet and protective clothing, and other factors which could impact your claim. Witness statements will also be examined, and any witnesses contacted and spoken to. This stage is known as establishing liability.
What Happens Once Liability is Established?
Once it has been determined that the other party was to blame for the accident, you can begin to build and strengthen your claim. This usually requires any medical treatment deemed necessary to be completed, allowing a full record of injuries to be cataloged. Evidence will be compiled, and the goal is to ensure that your case is comprehensive and strong.
Once your medical treatment is complete, your legal team will usually contact the other party’s insurance provider. A demand package will usually be sent at this stage, including details of the claim and the proposed figure for damages. The insurance company will usually negotiate the payment, and this process will continue until you are happy with the figure. If a fair offer cannot be reached, you may have the option to file a lawsuit against the third party and chase them directly for damages. This process includes going to court and presenting your case before a judge but can be the best way to ensure that you receive a fair payment for your injuries.