Filing a claim with the insurance company for injuries you suffered in a motorcycle collision that another driver caused can be a confusing and frustrating experience. Before you attempt to settle your claim, you need to understand the Virginia laws that apply to your case and how the settlement process works. Here, we explain the basic steps in settling a motorcycle accident claim.
Steps Involved in a Motorcycle Crash Settlement
You should never accept a settlement from the insurance company without first consulting with a knowledgeable motorcycle accident lawyer. It is also important not to accept a quick settlement from the insurance company. It will likely be a lowball offer the insurance adjuster hopes you are desperate enough to take. Once you retain an attorney, they can take these steps to settle your case:
- Investigate the collision. Your lawyer will conduct a thorough investigation into the cause of your accident. They will review the police report, photos taken at the crash scene and statements made by the driver, eyewitnesses, and you. They may also visit the location. Determining the cause of the wreck will help them identify who is liable to compensate you.
- Collect evidence. Your attorney can also help collect the evidence you need to prove the other motorist’s negligence caused the accident, the seriousness of your injuries, and the compensation you deserve. Helpful evidence includes the police report, photos, eyewitness written statements, medical records, and your pay stubs.
- Review insurance policy. Your lawyer would also review the negligent driver’s insurance policy to determine how much insurance coverage there is to pay your damages.
- Write a demand letter. The next step would be for your attorney to write a demand letter to the insurance company outlining how their insured’s negligence caused the crash, your injuries, the medical treatments you need, and the compensation you are entitled to under Virginia law.
- Begin negotiations. After the insurance adjuster reviews the demand letter and responds to it, your lawyer will enter into settlement negotiations with them. There could be several offers and counteroffers before your claim is resolved. Depending on the disputes raised by the insurance company, your attorney may have to hire expert witnesses to refute the insurance adjuster’s arguments.
- Start litigation. If the insurance company refuses to offer you a fair settlement or the statute of limitations, which is the deadline to sue, will expire soon, your attorney can file a lawsuit and litigate your case. You will most likely settle your case before it goes to a jury trial, but the process could take significantly longer.
Contact a Norfolk Attorney for the Help You Need Today
Were you injured in a motorcycle crash in Virginia Beach or Norfolk? Our experienced motorcycle accident attorneys can file your claim and fight with the insurance company for the compensation you deserve. We handle these cases on a contingency fee basis, so you only owe us when we win your case. To get started, call our Norfolk office at 757-625-1214 or complete our convenient online form to schedule your free initial consultation today.