If you’re the victim of a motorcycle accident where someone else was to blame, there’s a good chance that your claim will be accepted by your insurance company. However, even if you weren’t to blame and even if you did everything you were supposed to do right after the accident, it’s possible that your claim will still be denied. If that occurs, you do have legal options available to you. A motorcycle injury lawyer can provide guidance after a review of your case. Here is some general information about your rights.
What to Do If Your Motorcycle Personal Injury Claim is Denied
The options available to you following the denial of a motorcycle personal injury claim depend on whether the claim has been filed by you or by your attorney. If you’ve made this claim yourself and it was denied, it may be time to seek the assistance of a personal injury attorney. These claims can be denied for a variety of reasons. Some of the most common reasons are:
- Your claim did not make a clear and compelling argument for why you were not at fault. An experienced attorney can resubmit your claim with sufficient documentation to address this.
- The insurance company is making every effort to avoid their responsibility to compensate you. A lawyer can pressure them to negotiate and offer a fair settlement with the promise that otherwise, they will face a lengthy and expensive lawsuit.
If your claim wasn’t being taken seriously due to lack of representation, hiring a lawyer to assist with representation of your case may push the insurer to take another look at your claim and possibly reward you with the compensation that you’ve been seeking.
Options If Your Attorney’s Claim is Denied
Once you’ve hired an attorney to help with your motorcycle personal injury claim, he or she will send a demand letter to the insurance company. It will include documentation to support your case. However, there are times when even this won’t be enough. If so, your lawyer may recommend filing a motorcycle accident lawsuit.
It’s important to understand that bringing a lawsuit forward is serious, and is typically only done after the lawyer that’s representing you has gone through all of the evidence and determined that you have a chance of winning the case in question. If the fault of the other driver is evident, the insurance company may come forward to settle before the suit is ever brought forward to a judge. Lawsuits are time-consuming by nature, so be prepared to take the settlement even if it’s not quite as much as you initially hoped to receive. Your attorney can advise you on how to proceed.
In cases such as these, you will want to consider all of your options before accepting a settlement. In actuality, going to trial complete with a jury is a rarity with motorcycle personal injury claims. The discovery phase of the lawsuit will usually bring about the evidence or lack thereof that proves whether or not your claim is justified.
In addition, you may go through mediation and several settlement talks before the lawsuit is ever brought to trial. Mediation involves a third-party that attempts to negotiate a deal between both you and the insurer. If you’ve recently had your motorcycle personal injury claim denied, contact us to inquire about further options that you can take.