Filing an insurance claim is a complex legal matter, often accompanied by filing a personal injury lawsuit. The insurer will provide the appropriate personal injury claim forms, which need to be completed and submitted along with the evidence of the policyholder’s negligence. Filing your claim also means ongoing communication with the insurance adjuster and negotiating a settlement for your medical care, lost income, and any other losses.
You do not have to file a claim or fight for financial compensation on your own. A Fort Lauderdale motorcycle injury lawyer will describe the process of how to file a motorcycle accident claim in Florida. Getting legal representation typically starts with a free consultation.
What You Need to Know About Your Rights After a Motorcycle Accident
You have the right to seek fair compensation from the person or entity whose negligence caused your accident. Filing a claim for motorcycle accident compensation means proving the following elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
These elements establish your rights and the at-fault party’s responsibility to follow the rules of the road and operate their vehicles safely. Their failure to do so could entitle you to file an insurance claim or civil lawsuit and recover damages for your post-accident expenses and losses.
Obtain a Copy of Your Official Police Report and Any Attachments
The at-fault driver’s insurance company will request a plethora of evidence to support your claim, often starting with the police report. It will tell them and your legal team the following objective information:
- Date, time, and location
- Points of impact
- Witness contact information
- Police-generated photos
- Readily apparent injuries
- Apparent property damage
- Condition of both drivers
Do not underestimate the importance of a police report in car versus motorcycle crashes. Obtain a copy for your personal records and for you and your lawyer.
Support Your Motorcycle Accident Case With a Strong Evidence Collection
Motorcycle accident claims must be supported by evidence. To present a compelling case file with your insurance claim, collect:
- Medical records and bills
- Proof of lost income
- Accident scene photos
- Accident reconstruction
- Photos and video footage
- Witness statements
- Relevant expert testimonials
- Death certificate, if applicable
- Forensic and autopsy reports
Rather than manage your claim on your own, motorcycle accident lawyers can help you document the value of your damages and negotiate with the insurance company.
Report the Accident to the At-Fault Driver’s Insurance Company
If you are filing a third-party claim against the at-fault driver’s insurance, be prepared to answer a range of questions. The insurance company may ask:
- Who was involved in the accident?
- Was there a passenger on your motorcycle?
- What were you doing when the crash occurred?
- What happened, when, and why?
- Where were you going or coming from?
- Do you have any pre-existing injuries?
The insurer will also ask you about any role you played in the accident. Avoid saying or signing anything that might later hinder your claim. Instead, consider hiring a motorcycle accident attorney to deal with the insurance company for you.
The Benefits of Hiring a Lawyer to Manage Your Motorcycle Accident Claim
You are not obligated to speak to the at-fault driver’s insurance company even if they call you. If your motorcycle accident case is being handled by a personal injury lawyer, they will:
- Handle all communication for you
- Manage all information requests
- Submit a complete evidence collection
- Consult relevant experts
- Negotiate on your behalf
Motorcycle accident lawyers know how to handle a claim for motorcycle accident, including how to deal with the insurance adjuster. Your personal injury attorney can also:
- Protect you from bad faith insurance tactics
- Help you combat any allegations that you caused or contributed to the accident per the state’s comparative fault laws (Florida Statutes 768.81)
- Pursue the maximize financial recovery possible in your case
How to Assess Your Recoverable Damages After a Motorcycle Accident
If someone else’s negligence caused your motorcycle accident, Florida law allows you to recover these damages by filing an insurance claim:
- Accident-related medical bills
- Accident-related lost wages
- Loss of future earning capacity
- Property damage or destruction
- Diminished property value
- Disfigurement and impairment
- Physical pain and suffering
- Mental and emotional anguish
- Wrongful death damages, if applicable
Assessing your damages is an important part of your motorcycle accident claim since the insurance company will require proof of your damages. In addition, you will not be able to request damages later.
File Your Florida Motorcycle Accident Lawsuit Within the Allotted Time
While filing an insurance claim is not dependent on a statute of limitations as a lawsuit is, your claim can still be affected if the statute expires. You generally have two years to file your personal injury or wrongful death lawsuit, according to Florida Statutes § 95.11
If the statute of limitations deadline expires, the court could immediately dismiss your lawsuit, and the insurance company could refuse to negotiate.
Motorcycle accident lawyers are familiar with the filing deadline and the consequences of missing it. When they manage your claim, they can meet all applicable notification and filing deadlines and protect your right to financial recovery.
Steps to Negotiating a Favorable Financial Settlement Versus Going to Trial
Cases like yours are usually settled out of court. The insurance company will review the accumulated evidence and assess your damages before entering the negotiation phase of your claim. Negotiations typically involve:
- Making a settlement demand
- Receiving a monetary offer
- Weigh its pros and cons
- Make a counteroffer, if warranted
Once a settlement agreement is reached, your claim will be resolved and be final. That makes it important to avoid a speedy settlement offer, which could leave you short of the actual value of your claim.
Get Legal Support for Your Florida Motorcycle Accident Claim
If you or someone you love was injured in a motorcycle accident, or a loved one was fatally injured, the at-fault driver can be held accountable for compensating you. We will help you prove the accident was caused by negligence and negotiate a fair and appropriate settlement.
Learn everything you need to know about how to file a motorcycle accident claim in Florida. Contact our consultation team at the Law Offices of Wolf & Pravato by calling (954) 633-8270 to get started.
