As a motorist, we all have our rights. As a motorcycle rider, it is important to know the extent of our rights when getting into an accident. Especially so when the accident is caused by the other party.
Who is responsible for the damages incurred by my property and person?
The driver of the vehicle who caused the accident is the one legally responsible for the damages.
Am I required to have a special license?
Yes, a special license is required to drive a motorcycle.
Am I still entitled to a claim if I was not wearing a helmet?
Not wearing a helmet does not make you at-fault nor does it disqualify you from a claim.
Am I entitled to a compensation if I have no insurance?
Not having an insurance has no bearing on your compensation claim.
Am I still entitled to compensation if I was partially at all?
Perhaps. It depends on how much partially at fault you are and computations or limitations of this varies from state to state.
How do I protect myself from an accident that just happened?
Report the accident to authorities and take photos from all angles to document the incident.
The insurance company wants to talk to me, should I?
No, consult a lawyer who will help you prepare for what is appropriate to say or not, Also, your lawyer will help determine whether you are getting a lowball settlement offer or not.
Should I accept the settlement being offered to me?
It is not advised to accept a settlement that is offered early on. Insurance companies will try to get away with giving as little money as possible. A strategy for insurance companies is to offer you a settlement and get you to accept it early on. When they get you to accept their settlement offer before the full extent of your injuries is known then they can no longer be held responsible for other medical expenses you may need to treat it. You will then be responsible to pay it out of your own pocket. Their offer usually does not include the compensation or your lost wages and other expenses related to the accident.
Is it possible to negotiate for more money than being offered?
Yes. It is, however, best to wait until the full extent of your injury and damages is known.
How much money am I entitled to get?
There is no set dollar amount for this. You could receive a few hundred dollars or even millions of dollars depending on the extent of damage the accident caused as well as other factors that caused the accident.
Should I talk to an attorney? Why?
Yes. Personal injury attorneys know how to evaluate your case and whether it is possible to recover the damages caused by the other party. They are experienced in helping victims hold the at-fault parties accountable for the damages caused by their negligence.
Should I file a lawsuit after my accident?
Perhaps. It is best to consult a lawyer who will advise you whether it is best to file a lawsuit or not, or accept a settlement offer or not.
When is too late to file a lawsuit?
The statute of limitations varies from state to state.
I can’t really afford an attorney.
Initial consultations are usually free. A lawyer will help you assess your case after which they can decide whether they are interested in accepting your case on a contingency basis wherein they will receive a percentage of the compensation you will receive.
Can I get compensated for the loss of a family member?
A wrongful death lawsuit may be filed where you get compensated for the pain and suffering as well other damages caused by losing a loved one.
What kind of compensation can I expect from a personal injury lawsuit?
You can normally expect to receive compensation for damages to your properties like medical bills and loss of wages whether it’s temporary or permanent.
For more information or any inquiries, please visit this Motorcycle Accident FAQ page.
