If you have been injured in a recent motorcycle crash in Johns Creek, you may be wondering what the best process is to handle insurance claims. Handling a claim with the at-fault motorist’s insurance company can be very challenging without the aggressive advocacy of an experienced personal injury attorney.
Unfortunately, insurance companies have a reputation for trying to diminish the value of injury claims in an attempt to mitigate their losses. A lawyer from our firm could explain Johns Creek motorcycle accident insurance claims to you in detail and handle all interactions with the opposing party on your behalf.
A skilled attorney could present the full scope of your injuries and other losses in a settlement demand while negotiating for the maximum compensation that may be owed to you. If it is not possible to reach a favorable settlement with the insurer, our team could advise you on whether it may serve your interests to proceed with filing a civil suit.
Filing an Insurance Claim after a Motorcycle Crash
The first step to obtaining compensation after a motorcycle crash is filing a claim with the at-fault party’s insurance company. If a motorcycle rider incurs both property damage and personal injuries, they may be assigned two, separate adjusters to handle each portion of their claim. It is important to note that although motorcycle property damage can generally be recovered directly from the insurance company, riders who also wish to file an injury claim should consult with an attorney before contacting the carrier.
The insurance company may do everything possible to place liability for the motorcycle crash on the injured victim. Once a claim is opened, the insurance company will launch an investigation to identify liability for the crash and assess the value of the victim’s damages. The adjuster may try to take a recorded statement from the injured party and ask questions designed to elicit an admission of guilt.
A Johns Creek attorney would be very familiar with the methodologies commonly used by insurance adjusters when handling local motorcycle accident claims. A lawyer could communicate with the insurance company on the claimant’s behalf to ensure their rights and interests are protected.
Pursuing a Settlement
After a motorcycle crash victim finishes medical treatment, their attorney would put together a demand for settlement detailing their lost wages, medical bills, pain and suffering, and other losses. The demand may also include evidence to support the injured biker’s claim for damages such as the accident report by law enforcement and photos of the crash scene.
The insurance adjuster would likely respond with a counteroffer, which may be lower than the amount of damages claimed by the injured party. In fact, there may be several offers and counteroffers between the motorcyclist’s attorney and the insurer. It is usually preferable to reach a settlement out of court to avoid the time and cost associated with civil litigation.
Sometimes, however, litigation may be unavoidable. If it is not possible to reach a settlement with the insurer, the case may proceed to court.
Even when a case enters litigation, this does not necessarily mean it will ever get to trial, and it may still be possible to negotiate a just settlement out of the courtroom. An experienced Johns Creek attorney would leverage the most productive strategies to fight for a fair accident settlement for the injured victim, whether during negotiations or at trial.
Commencing a Civil Lawsuit
Motorcycle accident victims who wish to file a civil claim for damages generally have up to two years from the date of the collision to start a lawsuit, according to Official Code of Georgia Annotated §9-3-33. Missing this legal deadline could result in being barred from pursuing compensation. Victims who believe they may have a case for compensation should consult with a qualified lawyer to discuss their options to pursue a legal remedy.
A Johns Creek Attorney Could Help with Motorcycle Accident Insurance Claims
One of our attorneys could help you further understand Johns Creek motorcycle accident insurance claims and advise you on the most effective next steps for your case. You may be entitled to a variety of compensatory damages if someone’s negligence is to blame for your injuries. Call now to discuss your potential case with a Johns Creek lawyer.