What to Know About Insurance for Motorcycle Accident Claims

Insurance provides coverage for your post-accident expenses and losses. Whether you seek compensation from the at-fault driver or your own insurer, understanding how insurance works for motorcycle accidents is essential. Similar to a vehicle collision, you will file a claim, prove the at-fault party’s negligence, and negotiate for an adequate settlement. Unlike a vehicle collision, you will not have the immediate financial benefits of personal injury protection coverage (PIP).

You do not have to understand all the ins and outs of filing a claim. A Fort Lauderdale motorcycle accident lawyer can guide you through the entire process. Their guidance can ensure you recover appropriate compensation and have time to focus on getting better. Most law firms in your area will offer a free review of your claim and provide legal representation on a contingency fee basis.

Steps to File an Insurance Claim After a Motorcycle Accident

After an accident, the at-fault driver’s insurance company will have several guidelines and regulations that govern how your claim is filed. Typically, you will:

Report the accident to the appropriate insurance provider
Obtain, complete, and submit required claim forms
Back up your claim with supportive evidence
Create a detailed list of your recoverable damages
Negotiate a fair settlement with the insurance adjuster

This process can be both complex and stressful. It does not have to be one you navigate on your own. A lawyer can guide you at each step. If an acceptable settlement cannot be reached, your lawyer can also help you file a lawsuit and resolve your case in court.

How Insurance Works if the At-Fault Driver is Uninsured or Underinsured

According to Insurance Information Institute (III) statistics, nearly 16% of Florida drivers are uninsured. If your insurance policy includes uninsured (UM) or underinsured motorist (UIM) coverage, you can file a claim with your insurer if:

The at-fault driver does not have insurance
The at-fault driver does not have enough insurance
The at-fault driver fled the accident scene

Filing a claim with your insurance carrier will typically follow all the steps of filing with the at-fault driver’s insurer. Both claims will require proof of the at-fault driver’s negligence.

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Providing Proof of Negligence in a Motorcycle Accident Claim

Proving negligence, and combatting any allegations of comparative negligence, is critical to establishing fault and financial liability for a motorcycle wreck. An investigation of your accident will prove the following elements of negligence:

Duty of care: Each driver’s responsibility to obey the rules of the road
Breach of duty: The at-fault driver’s failure to meet their legal duty
Causation: The connection between the breach and the accident
Damages: The accident’s economic and non-economic consequences

If the at-fault driver alleges that you caused or contributed to the accident, you need to clearly define your role in the motorcycle collision. A strong evidence collection can do that for you.

A Comprehensive Evidence Collection is the Key to an Effective Insurance Claim

Your legal team and the at-fault driver’s insurance and legal representatives will rely on the accumulated evidence to tell the story of the accident. Track evidence and expenses carefully and build a compelling case file that includes:

Police report including photos, videos, diagrams, and narratives
Medical records that describe your severe injuries and their cause
Dashcam, traffic cam, and smartphone photos and video footage
Statements from accident eyewitnesses and relevant experts

Your evidence collection should also include proof of your economic and non-economic damages, including medical care bills, receipts, estimates, future prognosis, proof of evidence, and motorcycle repair or replacement costs.

If you are represented by a lawyer, they will collect the evidence you need rather than tax you or your family with this potentially daunting task.

Types of Recoverable Damages Motorcycle Accident Victims Can Pursue

Your motorcycle accident insurance claim will seek economic damages that might otherwise come out of your pocket, including:

Current and future accident-related medical bills
Rehabilitation and therapy
Current and future lost wages
Loss of future earning capacity
Motorcycle damage repair costs or destruction

Your insurance claim could also request compensation for the following non-economic damages:

Disfiguring injuries
Physical impairment
Pain and suffering
Mental anguish
Emotional distress
Diminished quality of life

Create a detailed list of your recoverable damages and take time to make all of your post-accident expenses and losses clear before making a settlement demand or entering negotiations.

Wrongful Death Damages for Grieving Families in Florida

The loss of a loved one in a motorcycle crash can leave your family reeling. In addition to the emotional impact, it can also cause financial losses. While nothing can make up for your loss, you may file a wrongful death claim to recover:

Funeral and burial expenses
Loss of financial contributions
Loss of household services
Loss of consortium and support
Loss of companionship and care

By proving wrongful death, compensation can be recovered by the decedent’s parents, spouse, and children.

The Statute of Limitations Could Affect Your Insurance Claim

The statute of limitations in Florida governs lawsuits rather than insurance claims, but it could still impact your claim. Here is why:

You generally have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11
If the filing deadline expires, your lawsuit could be barred or dismissed
The insurance company could refuse to negotiate a settlement

A lawyer can help you understand the importance of filing your lawsuit on time. They can also accurately interpret the statute of limitations since it can fluctuate based on several factors. The best way to meet the filing deadline is to let your attorney handle it for you.

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Our Law Firm Can Assist You with an Insurance Claim After a Motorcycle Accident

If you or someone you love was injured in a motorcycle accident, you could be entitled to financial compensation. Our law firm will help you understand how insurance works for motorcycle accidents and how you can get the financial compensation you need and deserve.

Learn more about your right to compensation and our fight to obtain it. Contact our consultation team at Chalik & Chalik Injury Lawyers today for your free case review.

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