Getting full compensation for your damages after a motorcycle accident is easier said than done. The at-fault driver might try to blame you or their insurance company might downplay your injuries—just to name a few potential scenarios. Motorcycle accident claims can be complicated, but you have legal rights, and there are steps you can take to protect those rights.
To schedule a FREE consultation with an experienced motorcycle accident lawyer today, call John Foy & Associates. We have been helping motorcycle accident victims win the money they deserve for more than 20 years. Call (404) 400-4000 or contact us online to get started with your FREE consultation.
Your Legal Rights After a Motorcycle Accident
If you were not at fault for your motorcycle accident, you should not have to pay for the costs. In Georgia, when a legal duty is breached, the injured party has a right to seek recovery for their damages (Georgia Code § 51-1-6). When another motorist is careless and it leads to an accident, they have been negligent and failed in their legal duty to drive safely.
You can seek compensation for your damages by filing a personal injury claim with the at-fault party’s insurance company. However, this is not usually easy, and the insurance company will look for ways to reduce what they have to pay you. They will try to get you to accept a lower settlement than you actually deserve.
To protect your legal rights, you will need to gather evidence of the at-fault party’s negligence, the accident itself, and your damages. Here are some of the best ways you can do that.
Document the Motorcycle Accident
The best time to gather evidence of the motorcycle accident is right after it happens. If you are well enough at the scene, you can begin compiling information to include in your insurance claim. That includes:
- Taking pictures of your injuries, your bike damage, the at-fault driver’s vehicle, and the entire accident scene
- Exchanging names, contact information, and insurance information with the other driver(s)
- Reporting the accident to the police and making sure they create an accident report
- Talking to any witnesses and getting their names and contact information
- Making notes on everything you can remember about the moments before, during, and right after the accident
Pictures and witness information from the scene can be especially helpful for your case. Your lawyer can reach out to witnesses to get statements, and they can help compile additional information to help show what happened and how the other driver was at fault.
Get a Full Medical Evaluation
See a doctor as soon as possible, even if you feel okay, after the accident. Seeing a doctor will create a record that you were injured. If you wait too long, the insurance company will try to claim that your injuries were not caused by the accident or that your injuries were minor.
It’s best to see a doctor on the same day of your accident, but make sure it’s at least within two or three days. Seeing a doctor will also help you get treatment before things worsen and give you an idea of what your future treatment will look like. Motorcycle accidents are often very serious with injuries that require surgery, physical therapy, rehabilitation, and more.
It’s also best to reach maximum medical improvement (MMI) before filing your claim. Otherwise, you won’t have the best idea of what your total medical costs will be. So, it’s best to start getting medical attention as early as possible.
Keep Records for All of Your Damages
Start a folder where you can keep copies of the police report, your medical bills, doctor notes, prescription medication receipts, vehicle repair quotes, and more. You will need to keep careful track of all damages and potential costs from the accident.
Your insurance claim will need to show proof of your damages. If you need help getting certain pieces of information, contact a motorcycle accident lawyer.
Don’t Sign Anything from the Insurance Company
Insurance companies are always looking to pay as little as possible for injury accidents. If you don’t keep this in mind and stay cautious, it will be easy for them to take advantage of you.
If the at-fault driver’s insurance company contacts you and asks you to sign a document, accept money, or give a recorded statement, DO NOT do any of this. They are trying to get you to accept a lowball settlement (that will not come close to covering your damages) and sign your rights away.
It’s generally a bad idea to interact with the at-fault party’s insurance company at all unless you have a lawyer on your side to review the communication.
Call a Motorcycle Accident Lawyer
The absolute best way to protect your legal rights throughout every step of your motorcycle accident case is by contacting an experienced lawyer. You will need an attorney who understands personal injury laws and how to handle a motorcycle accident case.
An experienced lawyer will help you build and file a strong insurance claim, prevent you from being mistreated by the insurance company, and protect your legal rights every step of the way. A motorcycle accident lawyer will understand your rights, and they will know how to handle your case with your best interests in mind.
Talk to a Motorcycle Accident Lawyer for Free Today
If you were injured in a motorcycle accident, John Foy & Associates will make sure your legal rights are protected at every stage of your case. We have been helping injured motorcyclists win the compensation they deserve for more than 20 years, and we are not afraid to stand up to greedy insurance companies.
Call us at (404) 400-4000 or contact us online to schedule a FREE consultation and case evaluation. We’ll answer your questions and create a plan of action for how we can help you seek the fullest financial recovery possible. Call (404) 400-4000 or contact us online to get started now.