Motorcyclists are vulnerable to crashes because they are harder to see. Motorcycle deaths accounted for 13 percent of all auto fatalities in 2015.
Have you or a loved one recently experienced a motorcycle crash and aren’t sure what to do after the health side of things are taken care of? Click here to learn more about your options after a motorcycle crash.
The Claims Process
You should contact your insurance company as soon as possible. Be careful what you say on the phone because your insurance company may record, and you don’t want to admit guilt if it isn’t your fault.
Do not give any numbers yet for injuries or damage to your motorcycle because these numbers may continue to rise. You don’t want to just guess or speculate.
Fault for the Accident
If the accident was completely your fault, your insurance company will cover your damages and pay the other driver. However, if your limits aren’t enough, you could be sued by the other driver to cover the additional expenses.
If you are both at fault, you can claim against each other. Washington is a comparative at fault state, so you can divide the settlements between insurance companies. This will reduce the amount your insurance company owes.
In the case that it is unclear who is at fault, both insurance companies will begin to investigate. It may be helpful to have an attorney who can help collect evidence such as eyewitness accounts, testimony, and the accident report.
Determining Liability for the Motorcycle Crash
The accident report and your insurance company will determine who is at fault if you were in an accident with another driver. If the other driver is at fault, your insurance company will handle your medical bills, lost wages, and property. Then they will work with the other insurance company.
However, if the other driver does not have insurance, you may still get compensated with your uninsured motorist cover. You can take action against the uninsured if your limits are not enough.
It may be best to talk to an attorney on how to negotiate a settlement. You will need money to cover your expenses no and in the future. Plus, you will get money for pain and suffering.
Calculating Damages
You will need to figure out how much your claim is including:
- Medical treatment
- Future medical cost estimates
- Lost earnings
- Cost to repair or replace your motorcycle
The settlement will include other factors that are not as easy to determine such as pain and suffering, disability, and disfigurement. Insurance companies or an attorney will negotiate these amounts.
You may want to wait until you feel comfortable with the medical treatment in order to move forward. You don’t want to settle too early and find out you need additional treatment.
What Happens with Negotiation
If you hire an attorney, he or she will work with the insurance company for you to reach a fair settlement. You will need to determine which figure you think is fair.
You do have the final say whether to accept a settlement or not. It’s wise not to take the first settlement offered because there is usually room for negotiation.
Getting Your Settlement
When you reach an agreement, you will sign a waiver and will not be able to file another claim for this accident. This is why you should not rush to settle.
Looking for Help?
If you would like some help with the claims negotiation process after a motorcycle crash, contact Maurer Law. Get your free case consultation today.