Accidents can happen regardless of how cautious you are on your motorcycle. Did you know motorcyclists are 22 times more likely to die in an accident compared to motor vehicle drivers? You can’t control other drivers’ actions and sometimes their negligent behavior leads to traffic collisions.
You know you’re probably entitled to receive compensation for your damages but how do you go about filing a motorcycle accident claim in California? Is it just a simple phone call to the at-fault driver’s insurance company or are there more steps involved?
Steps to File a Motorcycle Accident Claim
Motorcycle riders are four times more likely to experience injuries in a traffic accident compared to passenger car drivers. While this statistic is sobering, it doesn’t necessarily mean trading in your bike for a four-wheel vehicle.
Wearing safety gear like helmets can significantly reduce your risk of head trauma. Even grabbing a jacket can help prevent injuries like road rash, cuts, and scrapes.
Unfortunately, wearing safety gear from head to toe and following all road laws isn’t always enough to prevent an accident or injury. So, what should you do if you’re involved in an accident while riding your bike?
Seek Immediate Medical Attention
If you’re fortunate enough to walk away from a motorcycle accident, you should still make an immediate appointment with a healthcare professional. Not all injuries display immediate signs and symptoms. Soft tissue injuries are an example.
These types of injuries can take days or even weeks for symptoms to appear. The same can also apply to traumatic brain injuries (TBIs).
There are a couple of reasons why you should visit a physician after a motorcycle accident. You don’t want to leave any injuries untreated. What starts as a mild health condition can easily become more serious. You also need copies of your medical records if you plan on including your injuries in your motorcycle accident claim.
Contact an Experienced San Diego Motorcycle Accident Attorney
Whether it’s from your hospital room or while you’re recuperating at home, it’s a good idea to schedule a consultation with an attorney specializing in motorcycle accidents. California personal injury law can be complex, especially when you’re determining fault.
Don’t forget about dealing with the at-fault driver’s insurance company. The insurance adjuster will often try to do just about anything to reduce the value of the claim. This can even include showing up at your hospital room to try and entice you into accepting a settlement.
Even if the settlement offer looks attractive, you’re still calculating the extent of your damages. If you accept a settlement, your case is considered closed and you can’t refile a claim for the same accident. Your attorney can help you negotiate with the insurance company and handle all the other details associated with the claim process.
Determine Who’s At Fault for the Accident
Remember how we mentioned California’s personal injury laws can be a little confusing? A lot of the confusion comes when it’s time to determine fault. Sometimes, it’s easy to determine blame.
For example, a driver runs a red light and slams into your motorcycle. As long as you’re following all state traffic laws, determining blame in this scenario is usually a piece of cake.
Why is it crucial to determine fault in a motorcycle accident? California is an at-fault state. Accident victims file a claim with the at-fault party’s insurance provider. If fault isn’t determined then you have no idea who to file your claim with. California also follows modified comparative negligence rules and this can affect the value of your value.
What is comparative negligence? The rule simply allows for more than one party to be assigned blame for a traffic accident. Your settlement is reduced by your percentage of the blame.
So, you can still file a claim if you’re partially responsible for your motorcycle accident, as long as your percentage of the blame isn’t over 51%.
To help ensure you’re not assigned more than your fair share of the blame, your attorney can gather evidence, call expert witnesses, and even reconstruct the accident scene.
Calculate the Value of Your Claim
Before you can file a claim, you need to know its value. This refers to your damages. Your damages will typically include things like your medical expenses, property repair/replacement, lost wages, pain, and suffering. This is only an example of some common damages, your list may be more extensive.
Some damages are pretty easy to calculate like medical costs and property damage expenses. You have bills and receipts to back up your claim. Other damages like pain and suffering don’t come with a price tag.
To figure out the value of your non-economic damages, you can estimate the total using either the per diem or multiplier method. You may want to use both methods to calculate your non-economic damages. This way, you have a little more information going into negotiations with the insurance company.
File Your Claim and Start Negotiations
Since California is an at-fault state, you file your personal injury claim with the driver who’s responsible for the accident insurance company. The paperwork for filing a claim is pretty straightforward.
You fill out the information, attach your supporting documents like medical records, and wait for the insurance provider’s response. Don’t expect an automatic claim approval. Chances are, you’re going to end up in negotiations.
During negotiations, the insurance company will try to devalue your claim. Don’t be offended, this is standard practice in personal injury cases. You should also be prepared to go through a few rounds of negotiations. If an agreement isn’t reached, the next step is filing a lawsuit in civil court.
Let a San Diego Injury Attorney Handle Your Motorcycle Accident Claim
Going through the claim process after a motorcycle accident can be exhausting and frustrating. The insurance company will try to delay your claim approval and reduce its value.
However, working with an attorney can help the claim process move along a little more smoothly. If you can’t reach a settlement, your attorney is ready to file your case in civil court.
