Do You Have to Go to Court for a Motorcycle Accident?

April 29, 2022
Do You Have to Go to Court for a Motorcycle Accident?

You are not required to go to court for a motorcycle accident. In fact, you can often file a motorcycle accident claim with the insurance company and settle out of court. However, you may need to go to court to help recover damages. 

The costs of repairing a motorcycle and paying for medical treatment may impact your financial stability. By filing a claim, you can regain this stability by receiving compensation. A motorcycle accident lawyer can help you file a claim to recover damages. They can also advocate for you in court if your file a lawsuit.

How Can You Go About the Claims Process After a Motorcycle Accident?

The procedure you will follow in filing a claim may depend on what system your state adheres to. The common systems include fault and no-fault systems. In a no-fault state, you will file a claim with your insurer after a crash. In this system, it does not matter who was at fault. 

At-fault states, on the other hand, require you to obtain coverage to cover victims of an accident that you may cause. But if someone causes your crash, you can file a claim against them. In which case, their insurance company will help cover your losses.

Once you file for compensation, the insurer may contact you. They will want to know the details of the accident. But, in this conversation, the insurance representative may also be actively looking for things you say to jeopardize your claim. The insurer might also use some strategies to devalue or refuse your claim. A motorcycle accident lawyer can help you navigate the claims process.

In What Circumstances Can You File a Lawsuit for a Motorcycle Accident?

Florida is a no-fault state. Therefore, you will recover damages from your Personal Injury Insurance (PIP), up to $10,000. You may also file a civil suit against the negligent party if your case meets a certain threshold, such as sustaining significant and permanent impairments. Under Florida Statute Section 627.737 this includes:

  • The permanent loss of a significant function of your body
  • Serious and long-term scarring and disfigurement
  • Death of a loved one

You should save any invoices and receipts that will help quantify your loss. If you have to go to court for any reason, a motorcycle accident lawyer can help you gather evidence and represent you.

How Can a Motorcycle Accident Lawyer Help You?

If you file a lawsuit against the defendant, you will need to prove that they were negligent. A lawyer can assist you in demonstrating negligence by collecting evidence.

An attorney can help gather proof to validate your case. A motorcycle accident lawyer can also help you obtain video footage. For instance, there may be a building nearby the scene of your accident that has a camera that captured the accident. Your attorney can help you request and obtain the video promptly. 

An attorney can also help you obtain the police accident report from local law enforcement. The police report is a critical document that helps illustrate how the accident happened and possibly who was to blame.

Furthermore, a lawyer can also talk to witnesses and get their testimonies. Witness statements can help corroborate your claims. 

What Losses Are Covered in a Motorcycle Accident Case?

Motorcycles do not provide significant protection in the event of accidents. Therefore, the injuries you suffer may be quite severe. These injuries can cause you physical pain and other forms of suffering for which you may receive compensation. A lawyer can help you establish a fair value for your damages.

The unique facts of your case will affect what damages you can recover. However, there are some common losses for which you can recover compensation. 

The medical costs you incurred to receive medical care are often covered in a personal injury case. Medical care costs include surgery, medication, cost of transportation to the facility, and physical therapy, among other items. 

The compensation may also include your expenses for repairing the motorcycle. What's more, you may have lost income if you spent time off work to recover. For this reason, it is also possible for the damages to include lost wages.

The Dolman Law Group Can Safeguard Your Interests

You may have been racking your brain to determine whether you have to go to court for a motorcycle accident. A motorcycle accident lawyer from the Dolman Law Group can help you find an answer to that question. We can also help you recover damages for your injuries and losses. Call us today for a case consultation.