What If I Disagree with a Motorcycle Accident Claim? | Legal Questions Answered
During the negotiation stage, the insurance company gives an offer to the accident victim for their losses. In return, the plaintiff must accept or counter it. This process can go back and forth until both parties agree on the settlement.
However, in some cases, the insurer may not budge from their offer, and the accident victim may not agree with the settlement amount. When that happens, one of the key questions the injured party has is, "What if I disagree with a motorcycle accident claim?"
This post will go over crucial elements that could affect a motorcycle accident claim and what the injured victim should do if they disagree with the settlement offer in Indianapolis. Schuerger Shunnarah Trial Attorneys can also answer questions like, "What is the dog bite law in Indiana?"
What Should the Injured Victim Do After a Motorcycle Accident in Indianapolis?
When an individual suffers injuries in a motorcycle accident, it is crucial to take the right steps, as it could make or break their personal injury case.
The injured victims should follow the guidelines below to ensure their well-being and also protect their claim or lawsuit:
Seek Medical Attention
Injured victims should immediately seek medical attention, regardless of whether they have apparent injuries.
Sometimes, it can be challenging to determine internal or delayed injuries without conducting proper medical tests. This not only helps identify them but also protects the injured victim's case. Schuerger Shunnarah Trial Attorneys can review the benefits of wearing motorcycle protective gear.
Report the Accident
If the injured victim is at the accident scene, they must report the incident to the relevant authorities. Letting law enforcement know about the crash can help create an official record, which is essential when filing a personal injury claim or lawsuit.
Document the Scene
In case the injured party can move around safely at the accident scene, they should take the time to document the incident.
Taking photographs and videos of the damaged vehicles, visible injuries, skid marks, traffic signs, and any other relevant details can strengthen their case.
Collect Witness Information
If there are witnesses at the accident scene, it's essential to reach out to them and collect their contact information.
Witness testimony is a crucial piece of evidence that can support the injured victim's case and bolster their legal position.
Maintain Medical Bills and Records
Keeping track of medical records, including doctor's notes, hospital bills, prescription receipts, and rehabilitation expenses, is crucial. They are evidence of the victim's injuries and the medical expenses incurred following the accident.
Contact a Motorcycle Accident Attorney
The road to recovery after a motorcycle accident can be challenging, which is why it is essential for victims to seek help from the best motorcycle accident attorney in Indianapolis.
With extensive experience and knowledge of the local laws, the Schuerger Shunnarah Trial Attorneys is a trusted legal team in Indianapolis that can help evaluate the details of the accident, gather evidence, and bring legal action against the negligent party's insurance company on behalf of the victim.
Is There a Time Limit to Bringing a Motorcycle Injury Claim in Indiana?
In Indiana, victims suffering from personal injuries have two years following their injuries to bring a civil action against the negligent party's insurance company to recover monetary damages.
If they fail to file a claim or a lawsuit within the specified time frame, they lose their right to pursue compensation.
How Do Insurance Adjusters Inspect Motorcycle Accident Claims?
When the injured party files a claim, there is a process that the motorcycle insurance carrier follows, and this includes the following:
Initial contact: The claims adjuster will initiate the process by contacting the claimant. They will gather essential information, such as policy details, motorcycle crash reports, and any available photographs or videos related to the incident.
On-site inspections: In many cases, insurance adjusters have a team available to conduct on-site inspections to assess the damages. They will visit the location of the accident for inspection purposes and carefully examine the scene.
Gathering statements: Insurance adjusters will often interview the parties involved to obtain statements regarding how the accident happened. In most cases, they will try to get the injured party to say something that could be detrimental to their personal injury case.
Reviewing medical records: Insurance adjusters will review the claimant's medical records and bills and analyze the medical documentation to assess the extent of the injuries. Unfortunately, many insurers try to blame the injuries on past or other unrelated events in hopes of minimizing or denying claims.
Assessing policy coverage and liability: Insurance adjusters will thoroughly analyze the policy coverage and applicable laws to determine the extent of the liability. They will use the terms and conditions to limit compensation.
Negotiating settlements: The insurance adjusters will negotiate with the claimant or their legal representative after completing the inspection and evaluation process. They're notorious for undervaluing claims and will fight to ensure that the claimant does not receive a fair settlement.
The insurance companies involved in the motorcycle accident claims process will try to create hurdles for the victims. Those without legal representation are quick to accept the first offer the adjuster throws at them, not knowing that it could adversely affect their financial situation.
With extensive experience dealing with the tactics used by insurance companies and their adjusters, Schuerger Shunnarah Trial Attorneys can help protect the victim's case and their rights.
What Are the Factors That Could Affect a Victim's Motorcycle Accident Claim?
There are several factors that can affect a victim's motorcycle accident claim in Indiana, including:
Negligence and liability
Severity of injuries
Documentation and evidence
Timely filing of the insurance claim
Schuerger Shunnarah Trial Attorneys in Indianapolis have extensive experience helping victims understand these factors and pursuing maximum compensation for their injuries and damages.
What If the Victim Disagrees with a Motorcycle Accident Claim?
Although most personal injury cases result in a settlement, in some cases, the insurance company may fail to offer fair compensation, especially if the victim does not have legal representation.
In this case, the best option for the victim is to reach out to an experienced personal injury attorney. They can help handle the negotiation process and ensure that the injured party receives the compensation they deserve.
However, even after securing the services of an experienced personal injury lawyer, there may be disagreements over the settlement. If that happens, the attorney will determine whether filing a motorcycle accident lawsuit and going to trial is the best option for ensuring justice and fair compensation.
Schuerger Shunnarah Trial Attorneys Are Ready to Go to War for Victims!
Motorcycle accidents can be devastating, and the road to recovery is challenging. Those who have suffered serious injuries due to one in Indianapolis must call to schedule a free consultation with an experienced motorcycle accident lawyer and discuss their case.