Motorcycle accident lawyers will deal with insurance companies on your behalf in order to seek the compensation you have a right to receive for your injuries and losses. This way, you can focus on what is truly important—recovering from your injuries and spending time with your loved ones.
Insurance Company Tactics
Some insurance companies will attempt to pay a lower settlement than what that victim is owed under the law. Some of the ways that an insurance company may attempt to avoid paying a fair settlement to a motorcycle accident victim may include the following:
- Pressuring you to make a statement shortly after your accident, when you may be disoriented, off-guard, or otherwise unfit to make an important, on-the-record statement
- Asking you to sign forms that you are not informed about and which may give the insurance company freedom to access certain information, such as your medical records
- Refuting your account of the accident in an attempt to get you to accept liability
- Offering a settlement that is less than what you deserve, implying or stating that the payout will be available in short order
- Stalling in the hopes that you will accept their lowball offer or abandon your claim
- Failing to provide speedy determinations regarding the calculations of certain types of claims
- Attempting to record a conversation in order to use the words of a victim against them at a later time
- Requesting a full medical history in order to find a previous medical condition and then denying compensation
- Failing to provide the victim with accurate information with regard to the insurance coverage
- Using abrasive or adversarial tactics to intimidate victims into accepting lower settlement packages
- Failing to move the process forward so that victims fail to meet the statute of limitations deadlines and remain unable to file a claim in a court of law
- Blaming the victim for the accident (for example, by claiming they were not paying attention to the road)
- Blaming the victim for their own injuries (for example, by saying they were not wearing a helmet)
- Disputing the necessity of medical treatments
- Dissuading you from hiring a motorcycle accident lawyer
The bottom line is this: The insurance company represents their own interests before yours. These companies are well-versed in how to protect their interests after accidents, and they may have an incentive to pay you as little as possible for your motorcycle accident-related claim. That makes your every interaction with them a potentially dangerous one as far as your case is concerned.
If you hire an attorney, then your Orlando motorcycle accident lawyer will deal with the insurance companies for you so that you may protect your rights from such tactics. Your lawyer can ensure that all avenues for compensation, including an insurance settlement and lawsuit, remain open to you.
How a Motorcycle Accident Lawyer Can Help You
An Orlando motorcycle accident lawyer will deal with the insurance companies for you. After your accident, your lawyer may be able to:
- Advise you on how to protect your eligibility for an insurance settlement
- Protect you from making any on-the-record statements that could harm your pursuit of compensation
- File your claim
- Speak directly with insurance companies about your claim
- Make sure that the insurance company’s offer represents a fair settlement amount
- Conduct an independent investigation into your motorcycle accident in order to determine the correct amounts you are owed under the law for your medical bills, property damage, pain and suffering, and lost wages
- Make sure to file a claim with a court of law and file a lawsuit in a timely manner if the insurance company does not provide you with a settlement offer that meets your needs
Your claim may be resolved through an insurance settlement, or it could evolve into a lawsuit against those responsible for compensating your losses.
Why Hire a Motorcycle Accident Lawyer?
Following your motorcycle accident, you may have serious injuries leading to:
- Continued therapy
- Pain and suffering
- Financial stress
Additionally, you may have cloudy thinking due to a concussion, traumatic brain injury, or simply as a result of the medications you must take for your pain and suffering.
According to the Mayo Clinic, a traumatic brain injury can lead to permanent or temporary disability.
Dealing with an insurance company during this time can distract you from your healing process. By talking with an insurer, you may also unintentionally provide a foundation upon which an insurance company will offer you a lower settlement. It would be safer and less stressful to hire a lawyer to handle such interactions for you.
How a Motorcycle Accident Lawyer Deals With Insurance Companies
There are several insurance companies you and your lawyer may have to deal with as you seek compensation. These include:
- Your own
- The liable party’s
- The liable party’s employer (if they were working at the time of the accident)
- Another liable party’s (if more than one party contributed to the crash)
Any or all of these insurance companies may work to prevent you from getting the compensation you deserve. Your lawyer can protect you by:
- Responding to all calls and emails from the insurer on your behalf
- Representing you in all meetings with the insurance company, including in settlement negotiations
- Accompanying you to meetings with the insurance company, if at any point you need or want to speak with them yourself
- Collecting evidence to establish the at-fault party’s liability so the insurance company cannot unfairly blame you for the accident
- Informing you of your rights, including when you do and do not have to respond to an insurance company’s requests
- Telling you what the insurance company is saying about your case, including when and if they make a settlement offer
- Arguing strongly with insurance company representatives and making it clear that you will not allow them to get away with treating you unfairly
When to Talk to an Insurance Company
While your motorcycle accident lawyer can handle most communications with the insurance company on your behalf, there may be some circumstances when it is necessary or advisable for you to speak with them yourself. For example:
- If an insurance company gets in touch with you before you have hired a lawyer, you can leave them a brief message saying that you are in the process of seeking counsel and that your lawyer will be in touch with them soon.
- If an insurance adjuster is assigned to investigate your accident, you can answer their questions with your lawyer present and work with your lawyer to provide them the documentation or other materials they ask for.
- If you are unsure of what policies you have or what they cover, you can contact your insurance company to get more information. You can also ask your lawyer to review the policies with you if you wish.
If you are ever unsure if it is wise to speak with an insurance company, ask your lawyer first. They can advise you about what to say, when to say it, and who to say it to at every stage of your case.
Insurance Companies Are Well-Versed in Accidents
Yahoo! Finance notes that auto insurers in the United States collected $285 billion in total revenues in 2019. They are frequently very large organizations that have:
- A lot of experience dealing with motorcycle accident cases
- The budget to hire a team of high-power attorneys to represent their interests against claims or lawsuits like yours
- The time and resources to “wait out” unrepresented accident victims
Your Lawyer Will Fight for Fair Insurance Compensation
Your lawyer’s goal in dealing with insurance companies would be to secure fair compensation for you or a loved one harmed in a motorcycle accident. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), legally required forms of insurance for car owners in Florida may cover:
- Some portion of your medical expenses
- Property damage
These are somewhat limited forms of compensation compared with what you may be entitled to collect through a lawsuit, but they may be sufficient in the case of your accident. Your lawyer may be able to collect and organize evidence of your accident and documentation of your injury, and then negotiate for fair compensation from the insurance companies. They may also coordinate with your healthcare insurance provider as necessary.
It is possible that insurance settlement negotiations may not go as you hope, or that insurance compensation is not enough to cover your losses. Your lawyer may help you initiate a lawsuit if this is the case.
Your Lawyer May Establish Liability for Your Accident
Motorists in Florida can be held liable when they fail to operate their vehicles with care. The Legal Information Institute (LII) explains the legal principle of “duty of care,” to which all motorists in Florida are held. The duty of care requires motorists to act in the same manner as a “reasonably prudent person” in their position would.
Motorists may violate their duty of care when they:
- Are drunk or under the influence of drugs
- Make dangerous turns
- Do not obey the right-of-way
- Run stop signs or red lights
- Merge into occupied lanes of traffic
- Drive while distracted
You or your loved one may be the victim of one or more forms of negligent driving. If the motorist who caused your accident was working at the time of your collision, then their employer could also be responsible for the losses that you have suffered. Once your lawyer determines who is at fault for your accident, they can proceed with a lawsuit against those parties.
Your Lawyer Can See Your Lawsuit Through
A lawyer’s job is to see your lawsuit through to completion, whether the resolution is a settlement or judgment. They may perform several specific tasks to move your lawsuit toward the finish line, including:
- Gathering evidence
- Documenting your injuries
- Interviewing witnesses
- Filing your lawsuit
- Hiring experts for their testimony
- Communicating with defendants’ attorneys
- Negotiating a settlement
- Completing a trial if no settlement materializes
- Working with you to determine a course of action
A lawyer can keep you updated on developments in your case, but you may focus on your recovery as an Orlando motorcycle accident lawyer handles legal matters for you.
Call the Law Offices of Anidjar & Levine Today
We go the extra mile for our clients and want to provide you or your loved one with the responsive legal care that you deserve. Call the Law Offices of Anidjar & Levine today for a free consultation. Our motorcycle accident lawyers never charge upfront attorney’s fees.
You worry about getting better. We take care of everything else.
We Can Help.