Do I have to go to court for a motorcycle accident?

Wrecked Motorcycle on the Side of the RoadYou most likely will not have to go to court if you suffered injuries in a motorcycle collision caused by a negligent driver. You may be able to reach an out-of-court settlement with the motorist’s insurance company.

However, not all claims are settled quickly or easily. If you want to receive the maximum recovery in your settlement, you should retain an experienced motorcycle accident attorney to negotiate your settlement and advise you whether it is in your best interests to accept it or litigate your case.

Reasons Your Motorcycle Crash Case Could Go to Trial

There are several reasons you may decide you need to file a lawsuit against the at-fault driver. If you must take this step, keep in mind that most motorcycle accident lawsuits are settled before the scheduled trial date. Here are common reasons you might need to sue the negligent driver:

  • Denial of your claim. To deny your claim, the insurance company could raise disputes, such as that you were the negligent party or that another incident caused your injuries. If your claim is denied, you will need to file a lawsuit.
  • Low settlement offer. The insurance could offer you far less compensation than you deserve in your settlement. If they refuse to make you a fair offer, you could decide that litigating your claim is your only option.
  • Uncooperative insurance company. Some insurance companies are harder to work with when settling a claim. The insurance adjuster could deny your claim for no legitimate reason or engage in delay tactics, such as not returning calls or requesting unnecessary documents, to wear you down and drag out negotiations.
  • Statute of limitations. The statute of limitations to file your lawsuit for the injuries you suffered is two years from the date of your motorcycle wreck. If this deadline is approaching and you have not reached a settlement of your claim, you must file a lawsuit to pursue your right to compensation for your injuries.

If you were hurt in a motorcycle crash in Virginia Beach or Norfolk, our skilled motorcycle accident attorneys can collect the evidence you need to win your case and go up against the insurance company for the damages you deserve. Call our Norfolk office at 757-625-1214 or complete our convenient online form to schedule your free initial consultation today to learn how we can help you.