Do You Have to Go to Court for a Motorcycle Accident? You do not have to go to court for a motorcycle accident.

You do not have to go to court for a motorcycle accident. Often, you can settle your damages through an insurance claim.

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How the Insurance Process Works

The insurance process will depend on the state where you live. According to the Insurance Information Institute (III), the two basic insurance models are at-fault and no-fault. Most states follow an at-fault system. In at-fault states, drivers carry liability coverage that pays for injuries and damages they cause. Following a crash, you file your insurance claim with the responsible driver’s insurance provider.

In no-fault states, instead of liability coverage against injuries caused to another person, drivers carry personal injury protection (PIP). PIP pays for the insured driver’s injuries, no matter who is at fault. In at-fault states, if you cannot remedy your costs through an insurance claim, you can sue for your damages in civil court. In no-fault states, there are restrictions on when you may sue. You usually cannot take your claims to court unless you are severely injured.

You may want to seek the help of an attorney to represent you in insurance negotiations and ensure you are offered a fair settlement. Insurance companies employ their own lawyers who will look for reasons to reduce your settlement or deny your claims. While you do not have to go to court for a motorcycle accident, it may be your only option if you cannot reach an agreement with the insurance company involved. If a lawsuit is necessary, an attorney can assist you with pursuing your case.

Seeking Help with Your Expenses

Motorcycle riders may suffer broken bones, road rash, spinal cord injuries, and neck and shoulder injuries. Because motorcycles are not enclosed, riders are especially vulnerable to head injuries during a crash.

Your insurance settlement may include the costs of medical treatments, including surgeries, medications, hospital stays, and emergency care. You can also seek awards for vehicle damages and lost wages due to your injuries. If your case goes to court, you may seek additional awards for mental anguish, emotional suffering, and physical pain. If you lost a loved one to a motorcycle crash, you could seek compensation in their name.

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Determining Liability

Another person is liable for your accident if their negligent behavior led to your crash. You may be able to establish negligence by showing that the person who caused your accident was driving while distracted, under the influence of alcohol or drugs, or violating the rules of the road.

In some instances, you could have a claim against the manufacturer of your motorcycle or the other vehicle involved in your accident. If a problem with the road caused your crash, the entity responsible for the road may be liable.

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A Motorcycle Accident Lawyer Can Help

The Law Offices of Anidjar & Levine can assist you with an insurance claim or lawsuit, if necessary. Call our team today at 1-800-747-3733 for a free case evaluation.