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Filing the Accident Claims in Motorcycle Traffic Collisions

Posted by on July 28, 2020 in Laws and Lawyers with 0 Comments

Motorcycle accidents are disastrous and leave survivors with excruciating, life-changing injuries. In most cases, these injuries are expensive to treat. Such people may find themselves dealing with an insurance company sooner than expected. Motorcycle accident insurance claims are meant to be straightforward. Unfortunately, many accident victims find themselves in messy and complicated battles with insurance companies.

A lot of these companies would require that you prove your claim, especially when the other party involved denies responsibility. Depending on the nature of the accident, claims can either be filed against the driver’s insurance company or the rider’s own insurance company.

Insurance Claims You Can File

Motorcycle accident claims are of two types: personal injury claims and property damage claims

Personal Injury Claims

Accident victims with injuries and related losses resulting from motorcycle accidents caused by vehicle drivers can file for personal injury claims. However, for the insurance company to approve such claims, there needs to be proof that the driver was at fault.

Property Damage Claims

A motorcycle rider can file for property damage claims against the driver’s insurance company should his motorcycle be damaged during an accident. However, if no other person is involved or the rider is at fault, he can file a claim against his insurance company, as long as there is appropriate coverage.

Filing For An Insurance Claim In The Absence Of A Helmet

So, can I file a motorcycle traffic collision claim if I wasn’t wearing a helmet? In Colorado, the modified comparative negligence law does not apply to riders without helmets. This implies that motorcycle accident victims can claim insurance as the state is not against riders not wearing helmets.

For an insurance claim to be approved, you need concrete evidence to show the insurance company. It is important that your accident lawyer represents you; this will increase your chance of being successful with the claim. Due to the enactment of Colorado’s modified comparative negligence law, a lot of insurance companies take advantage of this legal option to reduce or deny victims of their compensation.

Comparative negligence is used when the rider is responsible for his or her own accident due to negligence, which includes not wearing a helmet (in many states). Depending on the percentage of fault, compensations can be reduced drastically. If the percentage of fault is 50 or more, deniability of compensation is most likely certain.

How To Prepare For Insurance Claim

For an insurance claim to be approved, you need concrete evidence to show the insurance company. It is important that your motorcycle traffic collision personal injury lawyer represents you; this will increase your chance of receiving compensation. Personally, here are some steps to prepare yourself for such claims:

  • Capture a substantial number of pictures showing in detail the scene of the accident before the motorcycle and vehicle are moved. Details like gouges, skid marks, detached parts, dents, and other conditions are essential as well.
  • Request for the driver’s name, address, and license of the party involved in the accident. You can also note or take pictures of the license plate number, including the car’s brand and model.
  • Proof of insurance coverage is important as well as the driver’s insurance company.
  • If there are witnesses during the accident, ensure to get their names and phone numbers. You or your lawyer can also get statements from them.
  • If your injuries are serious, seek medical attention immediately. If not, you can wait for the arrival of a police officer. Request for the officer’s ID card and find out if an accident report number will be available for use.

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