In this section, we attempt to address the many frequently asked questions about personal injury motorcycle insurance claims. And rightly so, these claims are amongst the many roadblocks to a reasonable offer. Ehline Law goes into to detail on the the many motorcycle insurance FAQ’s.
We are expert insurance claims attorneys with millions recovered without even having to file a lawsuit. We have a burning desire to help those less fortunate. Read on, or call 888-400-9721 to learn more.
Q: How Do I File a Motorcycle Insurance Claim - What Steps Do I Take?
- It is essential that immediately preceding a motorcycle crash, that photos are snapped of the scene and even witnesses and other potential defendants, for later identification.
- An injury victim should also order copies of police reports and get to the hospital.
- The victim also need to take steps to notify their own carrier, pursuant to the terms and conditions of the insurance instrument.
Typically, the defendant’s insurance company will blame everyone but their insured, of your unborn child for the accident. Disputing liability is their modus operandi. Proving the other motorist is at fault, starts the moment the vehicles and bodies come to a rest at the collision scene. But if you have a lawyer on call, or your family hires one for you, no time is typically lost and investigators can be employed right away.
You may even opt to have a lawyer call your insurance company for you, if you are too ill or consumed by your bodily injuries. An unrepresented party is looked down upon by most insurance company reps. You become a target with a big bulls eye that says: “sucker”. Only a sucker represents him or herself. Having your own champion is indispensable. Know this.
A: A lot of this has to do with how well your attorney argues fault. If provable, the other party has a duty to pay you for a reasonably priced rental vehicle until your bike is repaired or reasonably replaced. In fact, they have a duty to place you with a vehicle of equal value to what you lost. In some cases, if it was a work vehicle, the insured defendant has a duty to pay for the loss of use as well. Without a motorcycle lawyer, your not in the pole position. Knowing how to make these arguments is an art that requires extensive evidence and metal preparation. Lawyers are trained in this as part of their duties.
A: A represented party can get their counsel working right away in negotiating a resolution for the property damage portion. If your lawyer is successful in arguing liability is with their insured, repairs are generally conducted in a rapid fashion. But other issues may arise such as the fact you want original and not aftermarket parts, you need additional money to pay for upgrades and modifications you performed, based upon their current, actual value. There is no way to ensure the other insurance will pay, but having a lawyer drastically increases the chances of an excellent result. Other times, you may have severe irreparable damage to your bike. In that case, it may need to be replaced, and the insured person may not have enough coverage. Hopefully your lawyer can work with your comp and collision adjustor to get it paid with no lawsuit and no out of pocket costs to you.
A: First, we only know about the reported cases of motorcycle accidents. As discussed previously, some people opt to not make insurance claims or police reports. If there was a general explanation, I would say that driver visibility is the main cause. Motorists, as a general rule, are not on the lookout for the occasional bicycle or motorcycle. So inattentiveness and failure to be careful and on the lookout, is definitely the biggest general cause of cataclysmic motorcycle wrecks.
Secondary and no less significant are: novice riders, experienced riders on a new bike, excessive speed, intentionally running a rider off the road, road ragers, incompetence, and fidgeting with cell phones and radios, applying make up, etc. (aka distracted driving.) Left hand turn and traffic intersection accidents make up our primary caseload as motorcycle accidents lawyers.
Fellow travelers often are distracted, or failed to judge the speed of the oncoming rider. These are just some of the primary causes. No matter how enthusiastic a rider is, the thrill of riding can easily become a nightmare to the rider and their family. Riders must pay special attention and be on the lookout 100% of the time. With the freedom of movement and lack of restrictions that come with riding, comes the truth that a rider must be right 100% of the time. There is no room for an error in judgment when riding at high, or even at lower speeds. There is no turning back, once a rider is committed, and past the point of no return.
Q: Who Makes/Files Motorcycle Insurance Claims?
A: As discussed, although a rider is entitled to handle their claim in propria persona, it is always better to seek assistance of a pro. If the rider passed away, then the heirs would be making the claim. But need for legal insulation is even more true when a rider suffered a fatality. The family members are typically in mourning and grieving. This is a time for them to be left alone. This is where an excellent leader can really make their presence known. Having a lawyer is like having body armor and a machine gun when your being confronted with a knife wielding maniac. Ehline law act as legal Marines. Do or die, we make it happen!
A: Although it is true that not having motorcycle insurance prevents a fault free rider from recovering general damages like pain and suffering, this does not alter or diminish their eligibility in recovering special damages like a payout for lost wages, future care, past care, expenses like retraining for a work, or rehabilitating a body part, etc. You are also still entitled to repair or replacement of your motorcycle.
Of course, one potential penalty aside from failure to recover general damages, is that law enforcement could fine you for failure to abide by California liability insurance law, and even impound your bike.
A: This is the most often posed question of any impatient victim. As discussed previously, each traffic collision must be judged on a case by case basis. Your given impact, overall health and financial situation is always different than that of any other person. The nature and extent of a vicim’s injuries must be assessed by a doctor and possibly several medical specialists. Only then can your legal counsel be competitive in his or her settlement negotiations. With good intel and evidence, your lawyer could hit a home run and rapidly resolve the claim once you are released from medical treatment and rehabilitation.
A: An aggressive, compassionate and caring attorney is not enough. Riding is thing your attorney needs to have experienced first hand, in order for him or her to capably argue on your behalf. It is no different than two fighter pilots discussing an in flight maneuver.
A law who is experienced in riding, will be able to talk shop with the fallen rider. Our lead counsel, Michael Ehline, is a lawyer who rides. We are in a position to talk shop with the rider. This helps us protect the rider’s rights better than if we were just some thief with a suit on. We help identify road defects, work with your doctors, and investigators to build your case. Our goal is to achieve a decisive victory by leading from the front. In short, since we are lawyers who ride, we can put ourselves in your shoes!
A: Getting the settlement you deserve is only a phone call away. Our competent, highly specialized operatives are more like a military unit on a mission. But we are on a mission of mercy to liberate the oppressed motorcycle casualty from bills, fault and to offer them a second chance at a future. For fallen riders no longer with us, we fight to uphold the family honor, and to obtain provisions for the children, siblings or spouses that have rights as heirs.
These are the types of cases we thrive upon. No case too hard, no client to difficult. Do or die, Ehline Law makes it happen. Call and speak to a firm that has retrieved millions upon millions of dollars in legal remuneration on behalf of our clients. Get a free call and no obligation consultation now by calling 888-400-9721. We are here to answer your most frequently asked questions 24 hours a day, 7 days per week.