Trying to file a motorcycle accident claim with an insurance company can feel like you're living in an alternate universe where the rules that apply to car drivers somehow don't matter. It's understandable why an injured biker might elect to hire a motorcycle accident attorney to sort things out. The fact is that you have all the right of anyone who has been injured due to the actions or failures of another driver, and here's what you need to know to present your case.
Probably the biggest challenge in seeking compensation for injuries sustained while riding a motorcycle is defeating common biases. The worst of these is the assumption that bikers accept added risks for jumping on their rides.
In the eyes of the law, nothing could be further from the truth. If a motorist collides with your bike, you're entitled to the same legal protections that a pedestrian or the driver of a car would have had they been struck.
A variety of claims may be made in order to deny compensation to a motorcyclist. Weather and road conditions are often cited to explain why it must have been the biker's fault. Similarly, claims are often asserted about the biker's age and experience level, with arguments being advanced about both young and old riders.
Identifying the Proximate Cause
Under American injury law, the first concern in any accident case is whose choices were the proximate cause of an incident. If you were operating your bike safely and in accordance with the law, there should be zero discussion about anything but the actions of the vehicle that struck you.
A common type of case that happens is when drivers of cars and trucks fail to spot a motorcycle before hanging a left turn. Yes, bikes are smaller than other vehicles. The reality is though that had the motorist struck a pedestrian or even subcompact car, there wouldn't be this sort of discussion about the size of a bike. The same applies in your case because drivers have a duty to watch for people, animals, vehicles, trains, and even bikes.
Filing a Claim
A motorcycle accident attorney typically wants to see a client complete as much medical recovery as possible before filing. In most jurisdictions, you'll have between two and three years to submit a claim. An adjuster will then have the chance to accept the claim, offer to negotiate, or reject the case.