Never Accept Responsibility
While still at the accident scene, make sure you move to safety and report the incident. If law enforcement attends the crash site, make sure you are cooperative and help them carry out their investigation. However, never apologise or accept responsibility since this can compromise your compensation claim.
Leave the police to do their work to determine the person who was at fault. Additionally, you should not talk to insurance adjusters since they are concerned about protecting the interests of their employers. Insurance companies are in business, and they can use anything you say against you.
Seek Legal Advice
Once you are involved in an accident, contact your attorney to handle the case on your behalf. The main advantage of enlisting the services of a motorcycle accident lawyer is that they have vast experience in handling similar cases. Experienced lawyers know how to negotiate with insurance companies, and they can fight for you to get the maximum compensation you deserve. Your attorney will also investigate the case and provide legal counsel on the measures you should take.
Prove Liability
It is vital to prove that the defendant acted negligently which led to your injuries. Motorists are compelled by the law to exercise caution on public roads and prioritise the interests of other road users like motorcyclists. You must prove the following elements if you want to succeed in your compensation claim.
- The defendant had a duty of care
- The defendant acted negligently
- The defendant’s actions caused your injuries
- You suffered losses as a result of the injuries you sustained in the accident
If you fail to prove these four components, your negligence claim may not be successful. If the accident was caused by a manufacturing error, then you may need to sue many parties.
File A Compensation Claim
When you have gathered all the supporting evidence to prove negligence, the final step is to file a compensation claim. You can do this by sending a letter of demand to the defendant outlining your case and the amount of money you expect to get for damages. You should understand the statute of limitations which limits the time you should file a claim. Most injury claims should be filed within two years after the accident; most cases are solved out of court.
When you’re involved in a motorcycle accident, you are entitled to get compensation for your injuries from the driver who caused the accident. However, getting the settlement you deserve can be challenging since the defendant may dispute the claim. With these useful legal tips for motorcycle accidents, you can improve your chances of winning your case.
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