There are a few steps you need to take to file a motorcycle accident claim in Decatur:
- Seek medical attention.
- Notify your insurance company of the accident.
- Gather evidence to establish your claim.
- Determine what policy applies.
- Determine fault.
- Establish what your case is worth.
- Negotiate for a fair settlement.
A Decatur motorcycle accident lawyer can handle most of these for you. If you decide to handle your case alone, you need to handle every aspect on your own.
Seek Medical Attention
The first things you need to do are to ensure your safety and seek medical attention. Call 911 to report your accident. They can send law enforcement and EMTs. We recommend that you always allow paramedics to check you out at the scene. Your adrenaline is running high and could be masking symptoms of injuries. It also allows you to tie the accident to any injuries you sustained.
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Notify Your Insurance Company of the Accident
You need to notify your insurance company as soon as possible about the accident. Most insurance carriers have mobile apps you can use to file a claim at the scene.
Gather Evidence to Establish Your Claim
You should take photos of the accident scene and your injuries. You should also get a copy of the police report. This helps establish how the accident may have occurred and substantiates your side of the story.
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Determine What Policy Applies
Once you have obtained medical attention and taken photos of the accident and your injuries, you should determine which insurance policy applies. Our attorneys can help you do this.
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Establish Fault
To hold a driver or other liable party responsible, we must be able to prove that their negligence caused the crash. We need to demonstrate:
- The other party owed you a duty of care. All drivers owe all other road users a responsibility to drive safely.
- They breached that duty of care by behaving negligently. Examples of driver negligence include speeding, failing to yield right of way, failing to check blind spots before changing lanes, failing to check intersections for motorcycles before turning left, driving while intoxicated and driving while distracted.
- The breach of duty caused the motorcycle accident and your injuries. A driver failed to check their blind spot before changing lanes. They sideswiped you on your motorcycle. The accident caused road rash and a spinal cord injury.
- You suffered damages. The accident led to your medical bills, lost wages, lost earning capacity, and pain and suffering.
What Happens After You File a Motorcycle Accident Claim?
After you file a claim, you can expect the other party’s insurance company to call you asking for your side of the story. The insurance adjuster will ask how you’re doing and may even lull you into a false sense of security before asking you to give a recorded statement. This can be a trap.
The insurance adjuster will ask leading questions hoping that you will say something that jeopardizes your case. For example, something as simple as “I’m okay” or “I’m sorry” can be used against you. “I’m sorry” can be used to claim that you took responsibility for the accident. “I’m okay” can be used to claim that you admitted you are uninjured. We recommend that you refuse to give a recorded statement and instead direct any questions to our legal team.
Things to Avoid When Filing a Motorcycle Accident Claim in Decatur
In addition to refusing to give a recorded statement, there are a few things you should avoid doing once you’ve filed your claim:
Posting on Social Media
The insurance company can use anything you post on social media against you. A photo of you holding a niece or nephew can be used to prove that your spinal cord injury is less severe than you are claiming or non-existent.
Skipping Doctor’s Appointments
You need to complete your doctor’s treatment plan to reach maximum medical improvement. If you skip doctor’s appointments or disobey doctor’s orders, the insurer can claim you are worsening your own injuries. If you think you have healed or disagree with your doctor’s plan, seek a second opinion but don’t stop your current treatment.
Accepting the First Settlement Offer You Receive
Insurers often offer much lower than an injured person deserves, hoping that they will be desperate enough to accept whatever they can get. If you accept a settlement offer, your case is over. You cannot go back for more money later, even if you find out your injuries are much worse than you think or you discover that the settlement offer only covered your current medical bills and lost wages.
Our team will review your settlement offers and ensure that they cover all your motorcycle crash damages.
Not Negotiating for a Higher Offer
Many people don’t know that they can negotiate for a higher offer. They accept an offer, even if it’s tens of thousands of dollars less than they need. You can (and should) fight for every dollar you deserve. However, we know that standing up against a large insurance company can be difficult. Our motorcycle accident lawyers handle negotiations and communications for you.
Waiting Too Long to Call an Attorney
Many people don’t call a personal injury lawyer until they have already accepted a lowball settlement offer or done something to jeopardize their case. We recommend that you call us as soon as you know you’ve suffered severe injuries. Our team will handle every aspect, protecting your right to fair compensation. We’ll also manage any deadlines that apply to your case. For example, Georgia’s statute of limitations for motorcycle crash lawsuits is two years.
Abiding by the deadline dictated in O.C.G.A. § 9-3-33 is important even if you don’t plan on filing a lawsuit. If you overstep this time limit during negotiations with your insurer, you lose all your leverage. If we do need to file a lawsuit, we’ll need time to build a compelling case.
Call Our Team for Help Filing a Motorcycle Accident Claim in Decatur
The Bader Law Injury Lawyers team is prepared to fight for every dollar you deserve. Our motorcycle accident lawyers will help you file a claim and fight for justice with no upfront costs.
Call us today for a free consultation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
