Motorcycle riders do not have the same protections as riders in a car. Without the shell of a vehicle around you, you rely more on other drivers to help keep you safe. When this ends in a tragic accident, our lawyers are there to hold the other driver responsible and get you the damages you need.
We can take drivers to court and fight to get your damages paid. From medical bills to lost wages to pain and suffering, injured motorcycle riders often need thousands of dollars to make sure their expenses are taken care of. This can often lead to a settlement when insurance companies are cooperative, but we can take them to court when they aren’t.
To get started with a free case evaluation, call motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
How Do I File an Insurance Claim for a Motorcycle Accident in Paramus?
Most accident cases start with an insurance claim – and many end that way. But understanding how to file and whose insurance you file with is vital.
File with the At-Fault Driver
In New Jersey, we use a “no-fault” system for car insurance. This means each driver has their own insurance policy with PIP coverage (personal injury protection), and that pays for their injuries and lost wages. However, motorcycles are exempt from that system.
Instead, when you get hurt, you file your case against the at-fault driver’s insurance. This can be done as an insurance claim or a lawsuit, and they pay through their liability insurance.
Do You Use Your Insurance?
Many drivers and riders do opt for additional coverages on their policy. This can include things like medical payment coverage, which can help you cover costs in the in the immediate aftermath of a crash, before you win your claim against the at-fault driver.
If you do have applicable coverage on your policy, you can usually tap into that through a claim with your own insurance. This usually means paying a deductible.
Never Call Insurance Without a Lawyer
When you do talk to insurance, you should have us on your side first. Do not talk to insurance without talking to your motorcycle accident lawyer first.
We can advise you on the kinds of things you can and should not say to the insurance companies, such as how much information to volunteer. You should never lie or hide things, of course, but insurance companies often twist your words. Let us talk to them instead.
Insurance Settlements
Insurance companies tend to offer low-dollar settlements that will not cover your accident in full, at least at first. It often takes negotiations with our lawyers before we can pull the value of the settlement up into the range that you need. If they refuse to pay, we can file the case in court and see them at trial.
With settlements, you only get one chance to get damages. If you settle, the case is over; you cannot undo it or add more money later. So do not sign anything or take any money from insurance without checking with your lawyer first.
How Fault is Decided in Motorcycle Accidents
When you are hurt while riding a motorcycle, it will come down to who was at fault to decide who pays for the damages.
Who Decides Fault?
When the case is before the insurance company in a claim, they decide who was at fault. This might sound absurd, since they get to avoid paying if they decide it wasn’t their driver’s fault.
This is why we can take the case to court, where a neutral jury makes decisions about fault instead. The judge is not there to decide fault in a jury trial; they decide legal issues only.
What Constitutes Fault?
Fault, in a vehicle accident, typically means negligence. You do not need to prove that someone meant to hit you, but rather
- They owed you a legal duty.
- They breached that duty.
- The breach caused the accident.
- You suffered damages.
The breach of duty in question usually involves a violation of traffic laws – such as texting while driving, speeding, or drunk driving. You can also base it on generally unsafe driving that doesn’t violate a specific law.
FAQs for Motorcycle Accident Cases in Paramus
Do You Need a Lawyer if You Already Have Insurance?
Your insurance company does not represent you in the same way a lawyer does. Your insurance may be able to pay you some of your damages up front and then file a claim against the at-fault driver to recoup their money – and perhaps your deductible. But that does not necessarily get you pain and suffering damages.
Instead, we often need to file a claim against the at-fault driver to get your case paid in full. And you often need a lawyer to negotiate that claim and fight for full compensation – something insurance isn’t always willing to do.
Does Your Case Need to Go to Trial?
Maybe. Many motorcycle accident cases involve situations where the driver was at fault, and they refuse to admit it. This means their insurance will not pay until we can provide overwhelming evidence, or else win the case at trial.
If we take the case to trial, it puts the decision in the jury’s hands. They can see our evidence and hear your testimony, then decide against the at-fault driver and order their insurance to pay you.
What Damages Does a Motorcycle Accident Case Cover?
You can claim any damages – economic or otherwise – that you suffered in an accident. This often includes
- Medical bills
- Lost earnings
- Future lost earning capacity
- Vehicle damage or the cost of replacement if your bike is totaled
- Pain and suffering.
Pain and suffering damages are often hard to explain, but they are paid to cover things like physical pain, emotional distress, and the other effects of an injury.
How Long Do You Have to File?
NJ law gives victims 2 years to file most motorcycle accident cases, so call a lawyer quickly.
Call Our Paramus Motorcycle Accident Attorneys Today
Call 1-800-529-4464 for a free case evaluation with motorcycle accident attorney Jerry Friedman today.