We receive calls daily regarding motorcycle injuries
. One of the most common questions is whether a lawsuit can be filed. We have asked our resident attorney to chime in and give us his opinion on the matter and whether you should file a motorcycle injury claim
– California Motorcycle Laws
Q. How are motorcycle cases different then regular car accident cases?
A. Motorcycle injuries are different in a number of ways. The factor that most differentiates these type of cases is the type of injuries. Most motorcycle injuries deal with a significant impact resulting from the injury. However what many attorneys and riders fail to understand and account for when negotiating for these injuries, is the extent of future injuries. Another factor which makes these types of cases different is liability. Many motorcycle cases are improperly blamed on the rider. Insurance companies will attempt to avoid liability for these types of cases at any cost, unless it is absolutely clear. That is why you need to litigate or fight for your client in these cases.
Q. What should an injured rider consider and do after his/her injury?
A. Get medical treatment for your injuries. That is the most important thing you can do. Particularly if you have had a serious injury. If you do not have health insurance it is possible to find you a doctor through a medical lien. Medical liens are used by attorney, patients and doctors. Essentially what these liens provide is a network of health professionals who will provide treatment in exchange for payment at the time of settlement.
Q. What about dealing with their insurance company or that of the other party?
A. I always tell my clients, do not make a statement to your insurance company or that of the other party until you speak with an attorney. The reason is simple, you do not want to give insurance companies a reason to deny your claim. Most of the time they want to blame the rider so you do not want to give them any information.
– Common Motorcycle Accident Injuries
Q. How would speaking to an attorney help?
A. Once you retain an attorney all communication must go through your attorney. Insurance companies from both sides will not be permitted to contact you. Your attorney will be able to limit questions to a written statement or refuse to give a statement entirely.
Q. Is a lawsuit filed immediately?
A. No, generally there is a time period where you seek treatment. After that period there is a lawsuit filed for the injuries in the event that a valid settlement is not agreed upon. Most of the time if liability is not clear a law suit is the only way to convince the insurance company to pay for the damages and injuries.
Q. Can I handle the claim myself?
A. Yes, it is possible to handle your claim yourself. Courts are designed for filing your case without legal representation. However, you should be advised that doing so may minimize or reduce the value of your claim. It does not hurt to speak to a motorcycle accident injury attorney
to better understand your rights. All consultations are free and we can help you better evaluate your claim.