Ultimately, your options for filing a motorcycle accident claim in Atlanta depend on your situation and coverage options. You can usually file a claim with the at-fault party’s liability insurance coverage, as Georgia requires all motorists to carry insurance. If the other party has inadequate insurance, you can file a claim based on your coverage, depending on its limits. You could also sue the negligent driver and have a judge decide on your case.
Navigating the claims process after a motorcycle crash can quickly become overwhelming. Yet, when you entrust your case to Bader Scott Injury Lawyers, we can manage your claim and everything that goes into recovering fair compensation. Our Atlanta motorcycle accident lawyers can also investigate your case, identify the liable party, and negotiate the financial compensation you need.
You Could File a Motorcycle Accident Claim Based on the Negligent Party’s Policy
As noted, every motorist must carry liability insurance to legally drive. This allows injured parties to seek compensation if an accident occurs. Per the Georgia Office of Commissioner of Insurance and Safety Fire, everyone must carry:
- $25,000 per person for bodily injury liability
- $50,000 for bodily injury per incident
- $25,000 in property damage liability
For many people, this coverage satisfies their economic and non-economic damages. Yet, if you suffered a life-altering condition, such as a traumatic brain injury (TBI), your damages could easily exceed these amounts. When you work with a motorcycle accident lawyer, they can explain your options and seek what you deserve through the claims process.
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You Could File a Bike Accident Claim Based on Your Insurance Policy
As noted, you might file a claim based on your policy if the at-fault driver’s coverage doesn’t fully cover your financial losses. Many people have uninsured/underinsured motorist coverage but don’t even know it. That’s because under O.C.G.A. § 33-7-11, you must have rejected this coverage in writing for it to be excluded.
Our Atlanta personal injury lawyers can evaluate your coverage options and explain who you can file a claim with. Depending on your situation, multiple parties could owe you compensation. This would require us to file claims with multiple entities.
You Could File a Personal Injury Lawsuit Against the Negligent Party
First things first: parties resolve most motorcycle collision cases through insurance negotiations. So, chances are that you won’t have to sue to recover compensatory damages. Still, a lawsuit could be a good decision if:
- The insurance company refuses to fairly settle or negotiate.
- The at-fault party’s insurance doesn’t cover your losses, and neither does yours.
- Your state’s statute of limitations deadline is quickly approaching.
- Your personal injury attorney thinks this is a good route for your case.
O.C.G.A. § 9-3-33 notes that you generally have just two years to file a negligence lawsuit following a motorcycle accident. Negotiating with the insurer, investigating the crash, and calculating your losses does not stall this deadline. Once that two-year period expires, you can’t seek damages.
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You Need Evidence for a Successful Motorcycle Accident Claim
Whether you file a motorcycle accident claim or lawsuit, you need compelling evidence. This information can include photos of the accident scene, your medical records, and eyewitness testimony. If there are disputes regarding fault and liability, your lawyer may consult with accident reconstruction specialists to get their insights into what caused your accident.
To recover fair compensation for your losses, your case’s evidence must demonstrate the four elements of negligence. This includes showing:
- The other party (such as a fellow road user) owed you a duty of care to drive with reasonable caution and prudence.
- The other party engaged in behavior that others would find careless or reckless.
- You suffered injuries in a motorcycle accident the other party caused.
- You have damages arising from the incident, including medical costs, pain and suffering, emotional distress, mental anguish, loss of enjoyment, impaired quality of life, and other intangible damages.
You don’t have to understand the ins and outs of proving negligence. You don’t even have to gather a single shred of case-related evidence. When you hire our lawyer to manage your case, you get an advocate who puts your needs first.
How You Can Protect Your Motorcycle Accident Claim in Atlanta
Aside from hiring our legal team to manage your claim, there are other ways to promote your case’s outcome. Some post-accident considerations include:
Referring All Settlement Offers to Your Lawyer
You might have a rough idea of what the opposing party owes you for your medical expenses and lost income. However, do you know what you’re owed for pain and suffering? How about any scarring or disfigurement? If you don’t know the cost of your non-economic damages, you can’t know what constitutes a fair settlement offer.
Your personal injury lawyer will assess all offers from the liable insurance company and explain whether any meets your needs. That way, when your case concludes, you walk away with the money you need to rebuild your life.
Getting Medical Attention
There’s no such thing as a minor injury in a motorcycle accident. Even if you feel “fine,” the rush of adrenaline could make internal injuries, such as organ damage, feel nonexistent. By visiting a healthcare provider, you get the treatment you need to reach maximum medical improvement (MMI). You also get much-needed evidence to bolster your claim and compel the liable insurer to settle.
Documenting Your Losses
You can help your lawyer determine what constitutes a fair settlement by keeping track of your medical bills, missed time from work, and personal pain and suffering. You should also take photos of your physical injuries during your recovery period. This documentation can assert the severity of your condition to the liable insurance provider.
Start Your Free Legal Consultation With Bader Scott Injury Lawyers in Atlanta
Our motorcycle accident law firm has more than a decade of experience helping our friends and neighbors recover fair compensation. Today, you can start a free, no-obligation consultation with our team serving Atlanta.
During our discussion, we can answer your questions, chart your next steps in the legal process, and offer much-needed peace of mind. Call now to begin.