A Guide to Motorcycle Accident Claim Case in Filing a Personal Injury Claim
In case you have an accident, particularly a motorcycle accident, then you will face the insurance company for receiving compensation for the property and health loss. You need to be very pertinent while claiming for the damages as they frequently intricate the issue and need a lot from you to verify your claim. In this regard, it is significant to comprehend your certain rights concerning the accident so that you can have entire compensation for the loss.
The subsequent discussion will be based on the claims regarding accident (motorcycle) coupling with their functioning and the appointment of a lawyer for this and so forth.
Comparison Between Personal Injury and Property Damage Claims
When you have an accident, you need to look into the circumstantial details such as were you alone or accompanied by another person, or did you collide with another driver or you slipped due to your fault? In case you were alone, you will have to claim against your own insurance company, but if the other driver was also there, then you are supposed to claim against his insurance company. Nevertheless, you need to contemplate whether you are making personal injury claims or property damage claims.
The Personal Injury Claim:
This claim revolves around bodily injuries and other concerned damages in consequence of the accident instigated by other drivers or another driver. Interestingly, if you have been accompanied by another person too, then his injuries have to be compensated by the respective insurance company.
What damages can be provided for the Personal Injury Claim?
For instance, you have undergone the accident and suffered bruises and other injuries, then you can claim for its expenses. The expenses include; the medical bills, medicines, and other medications required as a part of treatment. Inclusively, the loss of income is also a part of the expenses you would claim.
The Property Damage Claim:
This claim has a concern with the material damages such as your bike. It can be claimed in the same way as a personal injury claim.
What damages can be provided for the property damage Claim?
Notably, when you do not have a personal injury but property injury, then you should claim for the property damages. Moreover, you must prove the other party’s omission then you can successfully get the motorcycle accident’s damages. Similarly, this process needs to struggle to collect evidence, testimonies, and so forth.
What Else can you Add in the Motorcycle Accident Claim as Damages?
Compensating according to the price of the bike
The damages that will be granted by the insurance company to you in case of property damage *excluding the injuries, then they will compensate according to the worth of the bike. The worth of the bike is checked at what price the bike is sold, not the price when it was bought. Inclusively, the reparation cost.
Value of your claim
You might be thinking that how much value does your claim have. So, the reply is that it all depends on the circumstantial evidence of your case. If you strong proofs against the other party, then you can successfully have a high compensation.
Comparing the full and partial reimbursement
The full and half compensation or whatever percentage of reimbursement you will collect will rely on the state you are living in where the accident happened. As different states have got different rules and regulations about traffic accidents. Considering this stance, if you do not have any contribution to an accident then you will have a chance to get high compensation. However, if you are contributory negligent about the accident, then the degree of contribution will decide the amount of compensation.
How to File a Personal Injury Claim in case of a Motorcycle Accident?
The subsequent details will help you make a better claim for a motorcycle accident.
1. Police Reporting for Accident
So, your prime duty after an accident would be to inform the police about it. Well, mostly, they do arrive on the accident spot. However, if you are in the less populated area, then informing the police is a must-do task. Since proceeding with the claim, a police information report is necessary.
2. Capture the Circumstantial Evidence
The Second must-do task is to capture the circumstantial evidence such as accident spot, the injuries you suffered, the damages property, and so forth. These are the things that will decide the strength of the claim. You need to do it on the spot just after the accident occurred. Don’t delay the work; otherwise, the evidence will be contaminated.
3. Details Note Down
The third task is to note down the other party’s details against whom you are claiming: the name (surname/last name), address, phone number, details about the vehicle. These will help you to contact them. Notably, ask them if they are insured and which insurer has he/she hired.
4. Witnesses Information
This task is also an important one since people who have witnessed the accident can verify the accident claim in an easier way. Note down the contact number and other details. Your lawyer will deal with them later.
5. Consult Doctor
Finally, don’t procrastinate consulting the doctor. Either call the emergency medical treatment or go by yourself to the doctor. In this process, you need to ask the doctor about the detailed report of the accident. Those reports will help you further with the case.
The Statutory Limitation for Filing a Claim
Basically, the statutory limitation is the limitation of time to pursue the lawsuit after the accident. Similarly, in Houston, the limitation is two years.
Concluding with Filing Claim
Lastly, you have got two options, either file claim against your insurance company or the other driver’s insurance company.
Considering to file a claim against your own or party’s insurance company
Firstly, if you file against your own, then you are required to give them the evidence of the reparation or the worth of the bike. Secondly, if you file against the other party’s insurance company, then there are possibilities of either refusing the whole claim or offering you less compensation.
In such a situation, you need to take an attorney’s legal advice. More importantly, do not give your words before a second thought. This may save you from future regrets.